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Government must maintain good faith negotiations with First Nations on Specific Claims

Posted on July 26, 2011

TORONTO – Liberal Critic for Aboriginal Affairs and Northern Development and the Canadian Northern Economic Development Agency, Dr. Carolyn Bennett, today called on the government to honour its commitment to maintain good faith negotiations on specific claims with First Nations, given the alarming media report that the government is planning to cut off all negotiations on specific claims.

“This abrupt, unwarranted end to negotiations violates the Conservative government’s policy on the specific claims process,” said Dr. Bennett. “Telling First Nations to ‘take it or leave it’ is not negotiating – it is an unacceptable reversal of the Prime Minister’s personal commitment to negotiate specific claims for the betterment of First Nations citizens and all Canadians.”

The Conservative government’s 2007 action plan on specific claims, Specific Claims: Justice At Last, clearly states that “negotiations remain the preferred method to settle claims,” that “negotiated settlements will always be Canada’s first choice,” and that “Canada is committed to using mediation more frequently.”

“Use of the Specific Claims Tribunal process alone to settle claims will deny First Nations justice and financial fairness, and will not fully and respectfully honour Canada’s lawful obligations to First Nations,” said Dr. Bennett. “The government must continue to negotiate in good faith, in adherence with its own established policies on specific claims, and work collaboratively with First Nations to improve the claims process, including for claims over $150 million.”

The media report suggests that First Nations will be given the choice of either taking the government’s final offer, or taking their claim to the Specific Claims Tribunal, which can only award a total of $250 million in compensation per year for the next 10 years.

“Liberals fully support the call by the Assembly of First Nations for immediate clarification on this critical issue,” added Dr. Bennett.

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