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Proceedings of the Standing Senate Committee on
Aboriginal Peoples

Issue 13 - Minutes of Proceedings


OTTAWA, Wednesday, April 30, 2003
(25)

[English]

The Standing Senate Committee on Aboriginal Peoples met this day, at 6:27 p.m. in room 505, Victoria Building, the Chair, the Honourable Senator Chalifoux, presiding.

Members of the committee present: The Honourable Senators Banks, Chalifoux, Chaput, Eyton, Léger, and Sibbeston (6).

Other senator present: The Honourable Senator St. Germain, P.C. (1).

In attendance: Mary Hurley from the Parliamentary Research Branch, Library of Parliament.

Also present: The official reporters of the Senate.

Pursuant to the Order of Reference adopted by the Senate on Wednesday, April 2, 2003, the committee proceeded to examine Bill C-6, to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts.

WITNESSES:

From the Assembly of First Nations:

Mr. Rolland Pangowish, Director Lands and Treaties Unit;

Mr. Bryan Schwartz, Legal Counsel.

Mr. Pangowish and Mr. Schwartz submitted a brief, made a presentation and answered questions.

It was agreed that copies of documents referred to in the presentation be provided to the Clerk of the Committee and filed as exhibits.

[Letter to the Minister of State and Leader of the Government in the House of Commons from the Assembly of First Nations dated November 26, 2002] (Exhibit 5900-2.37/A1-C-6, 1 "1")

[Letter to the Micmacs of Gesgapegiag Band from the Minister of Indian Affairs and Northern Development dated February 24, 2003] (Exhibit 5900-2.37/A1-C-6, 1 "2")

[I.C.B.: Requests to Appear Before the S.C.A.A. not Granted (4/30/03)] (Exhibit 5900-2.37/A1-C-6, 1 "3")

[Bill C-6: Letter & Band Council Resolutions (11/27/02)] (Exhibit 5900-2.37/A1-C-6, 1 "4")

[Wish to Appear] (Exhibit 5900-2.37/A1-C-6, 1 "5")

[Chronology of Policy Work Done on Specific Claims] (Exhibit 5900-2.37/A1-C-6, 1 "6")

[Report of the Joint First Nations — Canada Task Force on Specific Claims Policy Reform — AFN & Department of Indian Affairs and Northern Development, November 25, 1998] (Exhibit 5900-2.37/A1-C-6, 1 "7")

[Public Accounts of Canada 1998-99, "Contingent Liabilities; p.10.15-10.18] (Exhibit 5900-2.37/A1-C-6, 1 "8")

[Claims Population by Province for Alberta — Department of Indian Affairs and Northern Development] (Exhibit 5900-2.37/A1-C-6, 1 "9")

[Indian Reserves (Name and Electoral District), February 1997] (Exhibit 5900-2.37/A1-C-6, 1 "10")

[Letters to Minister of Indian and Northern Affairs Canada from the Assembly of First Nations, dated December 5, 1997; February 2, 1998 & February 5, 1998] (Exhibit 5900-2.37/A1-C-6, 1 "11")

[Extracts Taken From Liberal Aboriginal Platforms Entitled: The Aboriginal Peoples of Canada, September 1993; pp.10-13] (Exhibit 5900-2.37/A1-C-6, 1 "12")

[Report of the Royal Commission on Aboriginal Peoples; Volume 2: Restructuring the Relationship — Part Two; pp. 422-424] (Exhibit 5900-2.37/A1-C-6, 1 "13")

[Report on Administrative Processes for the Resolution of Specific Indian Claims by Gerard V. La Forest, Q.C.] (Exhibit 5900-2.37/A1-C-6, 1 "14")

[Doublespeak of the 90's: A Comparison of Federal Government and First Nation Perception of Land Claims Process — AFN, August 1990] (Exhibit 5900-2.37/A1-C-6, 1 "15")

[AFN's Critique of Federal Government Land Claims Policies — AFN, August 21, 1990] (Exhibit 5900-2.37/A1-C- 6, 1 "16")

[First Nations Submission on Claims- AFN, December 1990] (Exhibit 5900-2.37/A1-C-6, 1 "17")

[Protocol for the Joint First Nations/Canada Working Group on Specific Claims, July 22, 1992] (Exhibit 5900-2.37/ A1-C-6, 1 "18")

[Privy Council — Minutes of Meeting on the 27th day of July 1992, P.C. 1992-1730] (Exhibit 5900-2.37/A1-C-6, 1 "19")

[Executive Summary: The Specific Claims Joint Working Group — AFN, July 1993] (Exhibit 5900-2.37/A1-C-6, 1 "20")

[Rolling Draft VI: AFN Chiefs Committee on Claims — AFN Land Rights Unit, January 1996] (Exhibit 5900-2.37/ A1-C-6, 1 "21")

[Claims Policy Reform: Annotated Bibliography — AFN Land Rights Unit, February 1996] (Exhibit 5900-2.37/A1- C-6, 1 "22")

[Review of the Indian Specific Claims Commission — Concorde Inc., November 1996] (Exhibit 5900-2.37/A1-C-6, 1 "23")

[Discussion Paper: Constitutional Implications Surrounding the Implementation of an Administrative Tribunal Empowered to Adjudicate Specific Claims Disputes — AFN, March 1997] (Exhibit 5900-2.37/A1-C-6, 1 "24")

[Draft Protocol for the Joint First Nations/Canada Task Force on the Specific Claims Policy, April 15, 1997] (Exhibit 5900-2.37/A1-C-6, 1 "25")

[Natural Justice and Procedural Fairness: A discussion of What These Concepts Mean — Bruce Gilpin, June 30, 1997] (Exhibit 5900-2.37/A1-C-6, 1 "26")

[Joint First Nations — Canada Task Force On Federal Claims Policy Reform — AFN Land Rights Unit, October 1997] (Exhibit 5900-2.37/A1-C-6, 1 "27")

[AFN National Land Claims Conference Report — November 5 & 6, 1997 — AFN Land Rights Unit] (Exhibit 5900-2.37/A1-C-6, 1 "28")

[Assessing the Fiscal Impacts of Settling Specific Claims — Fiscal Realities, March 1998] (Exhibit 5900-2.37/A1-C- 6, 1 "29")

[The Structure of the Independent Indian Claims Body — Bryan Schwartz, March 1998] (Exhibit 5900-2.37/A1-C-6, 1 "30")

[An Independent Claims Commission: Models In Other Countries - Professor Douglas Sanders, April 14, 1998] (Exhibit 5900-2.37/A1-C-6, 1 "31")

[Specific Claims: An Analysis of Payments and Costs by P.King, May 1998] (Exhibit 5900-2.37/A1-C-6, 1 "32")

[The First Nations Specific Claims Policy Review Process — AFN Chiefs Committee on Claims, June 1998] (Exhibit 5900-2.37/A1-C-6, 1 "33")

[Estimating the Fiscal Framework for the Compensation Component of Land Claims — Fiscal Realities, August 11, 1998] (Exhibit 5900-2.37/A1-C-6, 1 "34")

[Joint First Nations — Canada Task Force on Federal Claims Policy Reform: Communication/Media Plan — AFN Land Rights Unit, November 30, 1998] (Exhibit 5900-2.37/A1-C-6, 1 "35")

[AFN Specific Claims Resolution Act Information Package] (Exhibit 5900-2.37/A1-C-6, 1 "36")

[Letters regarding the ICB] (Exhibit 5900-2.37/A1-C-6, 1 "37")

[Mennonite Central Committee Canada submission to the House of Commons Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources regarding Bill C-6] (Exhibit 5900-2.37/A1/C-6, 1 "38")

[A review of the amendments proposed at the House of Commons stage — confidential draf] (Exhibit 5900-2.37/A1/ C-6, 1 "39")

[Summary of the INAC, Specific Claims Branch Expenditure Report] (Exhibit 5900-2.37/A1/C-6, 1 "40")

At 8:52 p.m., the committee adjourned to the call of the Chair.

ATTEST:

Adam Thompson

Clerk of the Committee


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