AFN-Canada Specific Claims Co-Development

Background (Continued) In November 2022, the Government of Canada and the AFN held a public ceremony to initiate the joint development an Independent Centre.
The Government of Canada’s commitment to the establishment of an Independent Centre is included in the United Nations Declaration National Action Plan.
The Specific Claims Implementation Working Group (SCIWG) is responsible for co-developing options for consideration by federal Cabinet and First-Nations-in-Assembly.<br>

United Nations Declaration on the Rights of Indigenous Peoples Article 27: States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.<br>

AFN Mandate AFN Resolution 09/2020, Jointly Develop a Fully Independent Specific Claims Process directs the AFN to work jointly with Canada to develop a fully independent specific claims process consistent with the United Nations Declaration on the Rights of Indigenous Peoples and the following principles:
The Honour of the Crown
Full Independence of all Aspects of Claims Resolution
Recognition of Indigenous Laws
No Arbitrary Limits on Financial Compensation<br>

Co-Development Update Since November 2022, the AFN and Canada have met regularly to co-develop an Independent Centre.
The AFN and Canada have reached alignment on the main functions of the Independent Centre – a Registrar, a Funding Division, a Resource Hub, an Alternative Dispute Resolution Body, and access to the Specific Claims Tribunal.
The AFN and Canada have a generational opportunity to transform the resolution of specific claims by establishing an Independent Centre. However, the upcoming election poses a challenge to the passage of required legislation.<br>

Council of Experts in Indigenous Laws (CEIL) To guide our efforts to recognize Indigenous laws in the specific claims process, the AFN established the Council of Experts in Indigenous Laws (CEIL) in 2023.
The CEIL continues to participate in the SCIWG to provide advice on the recognition of Indigenous laws.<br>

Indigenous Laws Gathering - 2023 The AFN held a Gathering on June 13th, 2023, hosted on unceded Musqueam, Squamish, and Tsleil-Waututh territory [Vancouver, British Columbia]. The Gathering led to the publication of a summary report and a list of teachings:
To Maintain Flexibility
To Respect Diversity
To Recognize Indigenous Law Throughout the Claims Resolution
To Honour Protocols and Ceremonies
To Restore Kinship and Harmony
To Support the Restoration of Indigenous Laws<br>

Elements of an Independent Centre: AFN/Canada Discussion Paper In February 2024, the SCIWG conducted a three-day co-development session with an independent facilitator to resolve issues and arrive at consensus to form a joint document for the purpose of consultation and engagement
This led to the recent publication of the AFN-Canada Discussion Paper that describes the main functions of an Independent Centre.
These functions include a Registrar, Funding Division, Alternative Dispute Resolution Body, Resource Hub, and access to the Specific Claims Tribunal.<br>

Indigenous Laws in the Independent Centre As a foundation of fairness, the Independent Centre will uphold the space for Indigenous laws to play a role in all aspects of the specific claims process.
First Nations may use and apply their laws throughout Centre processes, in the ways they determine are appropriate. This includes:
information and evidence about Indigenous laws in developing and submitting a claim,
bringing this information into the negotiations process,
utilizing Indigenous methods of dispute resolution during the negotiations, and
having these laws be considered in matters before the Tribunal.<br>

Diversity of Indigenous Laws and the Centre Given the diversity of First Nations legal orders, the design of the Independent Centre is focused on enabling the space for these uses, but by no means prescribing them.
The Independent Centre will support First Nations in the transition into an era of true legal pluralism.<br>

The Centre Advisory Committee The Centre design includes an Advisory Committee on the Application of Indigenous Laws to inform all aspects of the Centre and the specific claims process.
The Committee is an advisory body of experts, scholars, and practitioners in Indigenous laws that provides guidance, advice, teachings and education throughout the Centre, and in all aspects of the Centre’s work.
Members of the Committee will be reflective of the diversity of First Nations laws, legal orders, and languages.<br>

Next Steps Continue seeking guidance from the CEIL in how to recognize Indigenous laws in the specific claims process.
Continue meeting through the SCIWG to co-develop reform options.
Seek approval from First Nations-in-Assembly and Federal Cabinet for co-developed reform options identified by the SCIWG.<br>

Contact Us Please feel free to contact the AFN Lands Sector if you have further questions/comments:
Aaron Asselstine, Director, Lands Sector – aasselstine@afn.ca
Jesse Donovan, Associate Director, Lands Sector - jdonovan@afn.ca<br>