Comprehensive Claims
Comprehensive Claims Policy Reform - Regional Discussion Forum Roll-up Report
Comprehensive Claims - AFN Annual Report 2010-11
Resolution 10/2010, passed at the Annual General Assembly (AGA), advanced the need for the establishment of a First Nations and Crown process to jointly review the existing Comprehensive Claims Policy with a view to ensuring that Aboriginal title and rights are dealt with in an equitable and expeditious manner.
Key Issues and Activities
In accordance with the direction set out in the resolution, the Assembly of First Nations (AFN) has established a Comprehensive Claims Policy (CCP) Working Group that has met three times since the 2010 AGA. The specific outcomes from the meetings have been the development and advancement of a proposal to the federal government to seek resources for the CCP Working Group to conduct its work; that the proposal, as developed, has enabled the National Chief to engage in discussions with the Prime Minister and Minister of Indian Affairs regarding the advancement of a joint CPP reform process to address process issues, but to also advance the need for an independent tribunal to deal with disputes in negotiations.
In the most recent meeting of the Working Group there was discussion and reaffirmation of a national consensus statement regarding the federal comprehensive claims policy:
The Assembly of First Nations, the Union of BC Indian Chiefs, and the First Nations Summit, hereby join together publicly to re-affirm the Aboriginal Title and rights of all First Nations of British Columbia and Canada.
Canada’s Comprehensive Claims Policy is predicated on the denial of our rights and title. We categorically reject this policy and Canada’s implementation of this policy.
We call upon Canada to assert the honour of the Crown and to adopt a new policy of recognition, affirmation and implementation of Aboriginal title, consistent with its adoption of the United Nations Declaration on the Rights of Indigenous Peoples.
The Government of Canada has indicated an interest to work with First Nations on policy change. However, Canada has not yet responded affirmatively to engage in the process and developmental work envisioned by the AGA Resolution.
Discussions are ongoing to ensure that the objectives expressed in Resolution 10/2010 are included in a larger Canada-First Nations joint workplan that will seek to address the many challenges that exist with Canada’s policy regarding Aboriginal and Treaty rights.
A related matter concerning the implementation of Modern Day Treaties/Land Claims Agreements has been identified as a matter for the Comprehensive Claims Working Group. The Chiefs-in-Assembly have directed increased advocacy in the context of modern day treaties to pressure the federal government to honour their obligations for Treaty implementation.
The Chiefs Committee on Claims (CCoC) has been informed of this and discussion is planned for the next meeting (timing to be confirmed). Efforts to coordinate activities with the Land Claims Coalition are underway.
Anticipated Outcomes by the 2012 Annual General Assembly
- Establishment of a joint Crown and First Nations policy review and development process.
- Development of strategy regarding modern day Treaty implementation.
- Update on progress to the Chiefs-in-Assembly resulting from the activities of a new working group regarding policy review and other related strategic activities.