By Law or In Justice: The Indian Specific Claims Commission and the Struggle for Indigenous Justice

By Law or In Justice: The Indian Specific Claims Commission and the Struggle for Indigenous Justice

by Jane Dickson


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The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, in the federal Indian Act, as well as within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. An insider’s account, written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved. Dickson draws upon the records of the commission and her long research and experience with Indigenous claims and communities to provide a balanced, careful analysis of Canada’s claims policy; she also makes a passionate plea for greater claims justice.

Product Details

ISBN-13: 9780774880053
Publisher: University of British Columbia Press
Publication date: 04/15/2018
Pages: 240
Product dimensions: (w) x (h) x 0.80(d)
Age Range: 18 Years

About the Author

Jane Dickson is associate professor of law and legal studies at Carleton University. She served as an Indian Claims Commissioner from 2002 to 2009.

Table of Contents

Acknowledgments vii

Acronyms viii

Introduction 3

1 Specific Claims in Canada: A Brief History and Policy Roadmap 13

2 Dependent on the Good Will of the Sovereign: Background to the Indian Specific Claims Commission 38

3 The Indian Specific Claims Commission: Second Sober Thought 59

4 Challenges to the Process: Applications for Inquiries and Constructive Rejections 82

5 On the Road Again: Planning Conferences, Community Sessions, and the Integrity of the Process 108

6 By Law or In Justice: Legal Arguments, Panel Deliberations, and the Murky Waters of the Mediation Unit 126

7 Beyond Lawful Obligation: The Closure of the ICC and the Rise of the Specific Claims Tribunal 148

8 The Legacy of the ICC and Lessons for the Future of Specific Claims 176

Notes 187

Index 214

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