Harper Silent on Judge’s Warning of Tribunal’s Imminent Fail

[Oscar]

Harper Silent on Judge’s Warning of Tribunal’s Imminent Failure as Bureaucratic Juggernaut Rolls On

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News Release. November 18, 2014

(November 18, 2014 - Coast Salish Territory) On November 14th, the Specific Claims Tribunal's 2014 Annual Report was made public after being back door tabled at the Parliament a week prior. The Specific Claims Tribunal was established as part of Justice at Last to make final and binding decisions on specific land claims when negotiations between First Nations and the Crown broke down.

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs stated "Harper has once again demonstrated his lack of commitment to resolving land claims and his patent disregard for the rule of law. Harper's egregiously unfair negotiation practices, chronic underfunding and willful misleading of the public is gravely undermining the Honour of the Crown. The Tribunal's report makes it clear Harper is walking away from his government's lawful obligations by sabotaging the very body it set up to bring about resolution and certainty for all Canadians. The report signals the death of this process and warns of a return to the courts and where necessary to the land and to the streets to exercise and defend our rights - as we did at OKA and Ipperwash."

In his annual report, Tribunal Chair Justice Harry Slade, warns that crippling understaffing, attacks on Tribunal independence by the Harper Government, under funding, and the need for full disclosure will sabotage the ability of the Tribunal to function: "The Tribunal has neither a sufficient number of members to address its present and future case load in a timely manner, if at all. Nor is it…assured of its ability to continue to function with adequate protection of its independence…Without the appointment of at least one additional full time member and several part time members…The Tribunal will fail."

Yet as Justice Slade reports, his warnings have fallen on deaf ears: "These concerns have been raised with the Minister of Justice and the Minister of Aboriginal Affairs and Northern Development. There has been no adequate response from Government."

"No adequate response" from Government seems par for the course when it comes to specific claims. In the last six years, First Nations have made dozens of submissions, open letters, media releases and requests for engagement with regard to the resolution of specific claims – most of which have been met with silence or with government reports that present dangerously misleading information that Specific claims are being fairly resolved.

"Since 2007, rejection rates for claims have skyrocketed from 46% to 85%, almost overnight yet funding for claims at all levels of the process has been drastically cut," remarks Chief Maureen Chapman, Chair of the BC Specific Claims Committee. "We have tried repeatedly to engage with Harper and his government on these issues and are met with reports that claims are being 'addressed' as though this is somehow the same as being resolved through meaningful negotiations. Now it seems to the Specific Claims Tribunal, perhaps the only true avenue for First Nations to obtain justice with respect to specific claims is under threat."

First Nations, Claims Practitioners and like minded organizations and citizens are set to release a public report next week that examines the state of Specific Claims.

Media Contacts:

Grand Chief Stewart Phillip, President, Union of BC Indian Chiefs (604) 684-0231
Jody Woods, UBCIC Research Director (604) 684-0231

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