Assembly of First Nations National Chief Shawn Atleo is expressing concern regarding Ottawa’s move to apply for a judicial review of another decision by the Specific Claims Tribunal.
It concerns the Williams Lake Indian Band village sites claim.
This is the second time Canada has applied for judicial review of a decision by the Tribunal, an adjudicative body mandated to resolve specific claims in a fair and impartial manner.
The AFN notes the government is doing this despite its public promises that Specific Claims Tribunal decisions would be final and would represent a lasting resolution of specific claims.
Atleo says a judicial review puts First Nations at a disadvantage as there is no funding to reply to a judicial review or the lengthy court process that can result.
The Federal Court of Appeal will be holding a hearing on the first judicial review next week.
The AFN says it is expected that the outcome of this judicial review will profoundly impact all First Nations, whatever stage their specific claim may be at, and will shape the role of the Tribunal and the future of specific claims.
The Specific Claims Tribunal was established as a part of the work carried out by AFN and Canada under the federal Justice at Last initiative announced in 2007. It is an adjudicative body mandated to address specific claims valued up to $150 million each. It was created to resolve historical claims, which may ordinarily be statute barred if brought in a court. The Tribunal has jurisdiction to hear claims based on the unlawful disposition of First Nation lands and determine the legal obligations of the Crown in relation to those dispositions.