Claims commission revisited.

OTTAWA 

First Nations chiefs are in the process of deciding if they should continue to participate in Ottawa's land claims appeal process while they negotiate the creation of an independent body.

The Assembly of First Nations asked chiefs earlier this month if they wanted "to cooperate [with] or just tolerate" the Indian Claims Commission, said Roland Pangowish, the AFN's land rights director.

"As far as I'm concerned the whole thing is a sidetrack process," Pangowish said in an interview. "We want to change the policy and we want an independent body that provides fairness and equity."

Last summer the ICC's five commissioners announced they wouldn't accept new claims because of the federal government's failure to respond to their decisions.

"A permanent independent claims body, one with appropriate power and authority to break impasses and settle land claims in a fair, decisive, and binding manner" is the main recommendation of the ICC's 1995-1996 report.

The commission was created in 1991 by Brian Mulroney's government. Since 1992 the government hasn't accepted any ICC decisions that go against Ottawa, reads the ICC report.

"Canada, typically, will respond in a timely and positive manner only when the commission has agreed with the Minister's rejection of the claim or where no substantive recommendations have been made to the parties."

The commission was designed as a temporary body with three objectives: to look at claims rejected by the federal government; to review compensation awarded, and to help mediate disputes between government and First Nations. Its decisions are non-binding.

"Nobody ever viewed the commission as being the answer -- that includes the government and the commission," said Harry LaForme, the original commissioner, now an Ontario court justice.

A working group of government and Native representatives was created along with the commission to begin a parallel process of creating an independent body.

The working group expired in 1993 with 12 issues unresolved, said Pangowish, but it began meeting again last year and will soon become a task force. The AFN has received funding to participate in the task force from the Department of Indian and Northern Affairs, said Pangowish.

The independent body envisioned by the AFN would work in stages. A fact-finder would look into the disputed claim, the next step would be facilitated negotiations, and if that didn't produce agreement, a panel would study the claim. Decisions could be appealed to the federal court.

"We think that would be more cost-effective," Pangowish said.

No one from the ICC or Indian Affairs was available to comment.

Hundreds of claims have been submitted to the federal government for negotiation and as many as 2,000 more are under research, said Pangowish. If they end up at the ICC, "First Nations can't afford it and I don't think governments can afford to do it."

But some chiefs don't support an independent body, said Pangowish, figuring they can negotiate a better deal by going directly to the government.

LaForme doubts the task force will succeed in creating an independent body.

"With the kind of decision-making powers Aboriginal people want, I don't think the realities of the time can accommodate that," he said. "That doesn't mean it shouldn't happen."

Fifty per cent of the ICC's staff of 42 are Aboriginal. Its budget for 1996-97 is $5.7 million.