Bill would give land-claims process $250M a year

OTTAWA - The federal government has announced legislation to help ease tensions and speed settlement of more than 800 native land and treaty claims.

If passed, the bill proposed Tuesday would create an independent tribunal of six Superior Court judges to make binding rulings to resolve specific claims that were rejected or have dragged on for at least three years.

First Nations have waited 60 years for a revamped system. The current process is widely discredited as Ottawa acts as both judge and defendant while taking an average of 13 years to settle cases.

"I'm confident this will work because it's our process as well,'' said Phil Fontaine, national chief of the Assembly of First Nations which co-authored the bill.

Ottawa would commit $250 million a year in funding for 10 years to the process, although it's estimated the backlog will still take more than a decade to clear.

Fontaine and Indian Affairs Minister Chuck Strahl also signed a political agreement to deal with specific claims outside the scope of the proposed bill.

The legislation would deal with the lion's share of claims valued at less than $150 million, while the political accord would address cases worth more. The $150-million cap is a concern especially in British Columbia -- home of about half the stalled claims. Chiefs there wanted all cases to come under legislation rather than be settled "at Canada's discretion.''

B.C. leaders have also expressed frustration at what they say was a lack of consultation and information prior to Tuesday's signing ceremony in Ottawa.

This, on top of the fact that the federal government retains full power to name judges to the independent tribunal with no joint process with First Nations.

Fontaine acknowledged the criticism but said he had to accept after months of talks that the deal was as good as he could get.

Frustration over treaty violations and protracted land-claims talks has boiled over in several ugly clashes in recent months.

The federal government has itself estimated it owes First Nations billions of dollars for breached or unfulfilled treaties. Basic funding for settlements is set at about $159 million this fiscal year.

Federal officials say that only about 120 of more than 900 unresolved claims have made it to the active negotiation stage.

The legislation introduced Tuesday deals with specific claims only -- not the sweeping, comprehensive claims to huge swaths of B.C. and Ontario. Those cases are to be dealt with in a separate process.