Canada DETAILED ACTION PLAN to the recommendations of the First Nations Specific Claims of the Fall 2016 s of the Auditor General of Canada 6.32 6.45 6.46 In collaboration with First Nations, Canada should review its systems and practices to understand why the majority of claims are not settled through negotiation and to improve the resolution of claims in line with the aims of Justice at Last. Canada should make its negotiation practices to expedite small-value claims (up to $3 million) acceptable to both parties. Canada should work with First Nations to develop and implement a strategy to use mediation more frequently. specific claims process. negotiation practices. the use of mediation services. The rate at which specific claims are resolved through negotiations is increased.. Confirm a process for the assessment and negotiation of small value claims that ensures a balance between respectful negotiation, costs to negotiate and value of the claim. First Nation and federal negotiation teams have access to independent mediation services that may improve the effectiveness of negotiation processes. TBD with the Joint Technical Working Group Key Interim Milestones (Description/s) 4 Sub-Committees (funding for research and development of claims; use of mediation in negotiation processes; the process for resolving claims with a value greater than $150M; and public reporting) of the Assembly of First Nations / Canada Joint Technical Working Group will be received by the Joint Technical Working Group. Fall 2017: With the agreement of the Assembly of First Nations / Canada Joint Technical Working Group, strike a Sub-Committee to examine and make recommendations in respect of a process to assess and negotiate small value claims. Technical Working Group on the use of mediation services will be received by the Joint Technical Working Group.
6.47 6.52 Canada should update its website to reflect the full range of negotiation practices for all types of specific claims. Canada should develop a clear and consistent methodology for funding to First Nations to adequately support the research and preparation of claims. Agreed. Shared Services Canada has implemented new requirements for departmental websites. Indigenous and Northern Affairs Canada is currently updating its website in accordance with Treasury Board of Canada Secretariat guidelines. the development, with claims research units, of a clear and consistent methodology for providing support for the research and preparation of claims. INAC s website has current and accurate information in respect of specific claims negotiation practices. Guidelines for the provision of funding to support the research and preparation of claims. December 2017 Key Interim Milestones (Description/s) Spring/Summer 2017: revisions to the website will be confirmed. Technical Working Group on funding to support the research and development of claims will be received by the Joint Technical Working Group. 2
6.53 6.55 Canada should develop evidencebased methodology for loan funding to adequately support First Nations participation in the negotiation process. Canada should work with First Nations to ensure that its process to resolve claims includes a step where First Nations are made aware of the facts that the Department of Justice Canada will rely on to assess whether First Nations claims disclose an outstanding lawful obligation for the Government of Canada. the development of a methodology to support First Nations participation in negotiations. early responses to evidentiary issues. Revised for the provision of funding to support First Nations participation in negotiation processes. To the greatest extent possible, communicate Canada s understanding of the claim to First Nations prior to the claim being submitted to the Department of Justice for review. To the greatest extent possible, work with First Nation claimants to define agreed upon facts and issues. TBD with the Joint Technical Working Group Fall 2017 Key Interim Milestones (Description/s) Fall 2017: With the agreement of the Assembly of First Nations / Canada Joint Technical Working Group, expand the mandate of the Sub- Committee on research funding to include making recommendations in respect of negotiation (loan) funding. Summer 2017: In consultation with the Department of Justice, INAC will define information sharing protocols. 3
6.66 6.79 In collaboration with First Nations, Canada should develop practices to gather, monitor, and respond to information and feedback about the specific claims process. These practices should be designed to improve the specific claims process and its outcomes. Canada should clearly report complete information about the specific claims process to allow the government and Canadians to assess real results. establishing clearer terminology and common understandings of what information is reported. establishing clearer terminology and common understanding of what information is reported. Canada continuously improves its reporting requirements to align with Privy Council Office, Treasury Board of Canada Secretariat, and Department of Finance Canada requirements. Common understanding of meaningful, publically reported data. See Recommendation 6.66 On-going Key Interim Milestones (Description/s) Technical Working Group on public reporting will be received by the Joint Technical Working Group. 4
6.80 Canada should keep the information on the specific claims process on its website up to date. Affairs Canada will ensure that the information on its website is updated in accordance with the web renewal initiative driven by Shared Services Canada and in accordance with Treasury Board of Canada Secretariat guidelines. See recommendation 6.47 Key Interim Milestones (Description/s) 5