Description
By Law or In Justice: The Indian Specific Claims Commission and the Struggle for Indigenous Justice by Jane Dickson, a commissioner for the non defunct Indian Specific Claims Commission. This book explores the history of Treaties and Aboriginal Government division of its Specific Claims branch. It is also a history of bullying, micromanagement, and limited accountability In spite of numerous reports such as Justice At Last, there are problems in policy-making and processes stemming from one fundamental flaw, according to the author, which is the Crown. The Crown is the party against whom a First Nation must make its claim yet also determines the validity of the claim and controls its process of negotiation and resolution. This is a conflict of interest that has resulted in a history of reticence on the part of the Crown to generous interpretations of lawful obligations to Indigenous peoples or its honour in dealing with claims. With claims being rejected as resolution or file closure when a First Nation declines a Crown offer to settle or the three-year rule, the boast of success in reducing the backlog of claims requires closer inspection including the shifting of responsibility to the Specific Claims Tribunal. This book traces the origins of claims policy, the inquiry process, early approaches to Indigenous lands, treaties, surrenders and jurisprudence. It follows the development of Canadian claims policies and calls for a claims commission with discussion on the US claims system. The Indian Specific Claims Commission, which closed in 2009, is the central focus of the book with examples such as the Peepeekisis people claim. By Law or in Justice also discusses constructive rejection claims, the strengths and weaknesses of the process shared by the author, a commissioner at the Indian Specific Claims Commission. Mediation services are not dealt with at any length in this work. There are reports citing successful conclusions of these claims.