As a result of their deliberations, committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That Indigenous and Northern Affairs Canada adopt a holistic approach to comprehensive claims resolution that emphasizes community success and sustainability. That in support of this new approach, Indigenous and Northern Affairs Canada work in partnership with Indigenous peoples to reform how it establishes negotiation mandates to reflect the fact that an agreement should represent a framework that is rooted in a recognition of rights approach for a renewed and on-going relationship between the Crown and Indigenous peoples. This new approach should include, but not be limited to:

• Continuing to implement a flexible approach for the development of negotiation mandates, which reflects and reinforces the results of the discussions with impacted parties at rights and recognition tables, in addition to recognizing that a one-size-fits-all policy for the country will not work;
• Broadening discretion for negotiators in their mandates to better facilitate reaching consensus, reduce unnecessary delay and promote reconciliation; and
• Ending the practice of requiring Indigenous rights holders to agree to extinguish their inherent and/or treaty rights as a prerequisite for an agreement as this fails to reflect both the on-going nature of the renewed relationship and the recognition of rights approach.

Recommendation 2

That Indigenous and Northern Affairs Canada make information on Recognition of Rights Tables publicly available, including the policy and focus of the discussions, and that Indigenous and Northern Affairs Canada provide information to Indigenous communities on how to form a Recognition of Rights Table and provide a report to Parliament within three years on their progress.

Recommendation 3

That Indigenous and Northern Affairs Canada recognize that land claims agreements are living documents and that the comprehensive land claims process be recognized as an ongoing relationship moving towards reconciliation.

Recommendation 4

That Indigenous and Northern Affairs Canada work in partnership with First Nations to reform the funding model for the specific claims process to convert the current structure of repayable loans to one of non-repayable grants. As part of this funding reform, all existing outstanding loans should be forgiven.

Recommendation 5

That Indigenous and Northern Affairs Canada work in partnership with Indigenous peoples to reform the funding model for the comprehensive claims process to convert the current structure of repayable loans to one of non-repayable grants. As part of this funding reform, all existing outstanding loans should be forgiven.

Recommendation 6

That Indigenous and Northern Affairs Canada work in partnership with Indigenous peoples to reform the funding model for the Treaty Land Entitlement and Additions to Reserve processes to convert the current structure of repayable loans to one of non-repayable grants. As part of this funding reform, all existing outstanding loans should be forgiven.

Recommendation 7

That Indigenous and Northern Affairs Canada make binding arbitration, mediation, and other alternative dispute resolution mechanisms available to Indigenous communities within the comprehensive land claims process.

Recommendation 8

That Indigenous and Northern Affairs Canada develop a tracking system to ensure commitments made by the Government of Canada in comprehensive land claim or specific claim agreements are clearly documented, the progress regularly reviewed, and promptly implemented; and that an independent office be created to monitor implementation.

Recommendation 9

That Indigenous and Northern Affairs Canada work with the relevant provincial and/or territorial governments and Indigenous signatories to support Indigenous community-led data collection, with a focus on using this data to improve and accelerate the implementation of specific and comprehensive land claim agreements, and to hold government accountable for implementation of these agreements.

Recommendation 10

That Indigenous and Northern Affairs Canada broaden the criteria considered when accepting or rejecting a claim for negotiation and implement policies to improve communication and transparency in the assessment phase of the specific claims process, and that an independent body for the review and assessment of specific claims be considered.

Recommendation 11

That Indigenous and Northern Affairs Canada, in partnership with First Nations, reform the specific claims policy and where applicable amend the Specific Claims Tribunal Act to:

• Incorporate First Nations cultures, knowledge and languages in the specific claims policy and process, where possible;
• Ensure First Nations are provided with information regarding their claims and rationale for decisions made at all stages of the specific claims process;
• Ensure First Nations are involved and appropriately supported in determining the value of their specific claim(s);
• Review and broaden the criteria in the financial formula that Indigenous and Northern Affairs Canada uses to determine an appropriate offer of settlement, including a review of the 80/20 rule and increased use of land transfers as compensation;
• Expand the eligibility criteria for specific claims to include claims based on the non-fulfilment of treaty rights;
• Review the 150 million dollar maximum compensation cap for claims resolved through the Specific Claims Tribunal.

Recommendation 12

That Indigenous and Northern Affairs Canada immediately work with First Nations communities and specific claim research organizations to develop a funding framework that provides sufficient funding for the research and development of specific claims and that the department ensure stable, predictable and long-term funding going forward.

Recommendation 13

That Indigenous and Northern Affairs Canada, with regard to all Treaty Land Entitlement or Additions to Reserve lands, ensure First Nations have access to dispute resolution mechanisms and resources to negotiate and plan with municipalities (land use, urban reserves, road building and service agreements) and third party interests (conversion of land to reserve status).‎

Recommendation 14

That Indigenous and Northern Affairs Canada increase funding and resources to support environmental assessments, surveys and necessary federal activities to conclude the Additions to Reserve process in a timely manner.‎

Recommendation 15

That Indigenous and Northern Affairs Canada develop an improved process for educating and engaging third parties and local community members at every stage of a comprehensive or specific claim.

Recommendation 16

That Indigenous and Northern Affairs Canada work with the Indigenous communities and organizations to develop a mandatory education and training program for all officials working on specific claims, comprehensive land claims, and self-government agreements; and that Indigenous and Northern Affairs Canada launch a public education campaign to educate all Canadians on the importance of the land claims process in reconciling harms that have resulted throughout Canadian history through the expropriation of traditional land, the unfulfillment of treaty commitments, and a policy of assumed crown sovereignty.

Recommendation 17

That the Government of Canada, in implementing  the preceding recommendations and proposed initiatives, be guided by the Principles and Minimum Standards set out in the United Nations Declaration on the Rights of Indigenous Peoples.