Full Description
The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve and expedite specific claims arising out of promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations.
This book traces the history of Indigenous claims in Canada and the work of the ICC from 1991 until it was decommissioned in 2009. An insider's account, it is written by long-standing ICC commissioner Jane Dickson, who draws upon the records of the commission and a wealth of research and experience with Indigenous claims and communities to provide an unflinching look at the inquiry process and the parties involved.
By Law or In Justice provides a balanced, careful analysis of Canada's claims policy, the challenges faced by Indigenous claimants, and the legacy of the commission. By documenting the promises made and broken to Indigenous nations, this book also makes a passionate plea for greater claims justice so that true reconciliation can be achieved.
Contents
Introduction
1 Specific Claims in Canada: A Brief History and Policy Roadmap
2 Dependent on the Good Will of the Sovereign: Background to the Indian Specific Claims Commission
3 The Indian Specific Claims Commission: Second Sober Thought
4 Challenges to the Process: Applications for Inquiries and Constructive Rejections
5 On the Road Again: Planning Conferences, Community Sessions, and the Integrity of the Process
6 By Law or In Justice: Legal Arguments, Panel Deliberations, and the Murky Waters of the Mediation Unit
7 Beyond Lawful Obligation: The Closure of the ICC and the Rise of the Specific Claims Tribunal
8 The Legacy of the ICC and Lessons for the Future of Specific Claims
Notes; Index
