Specific claims

Righting past wrongs and building for the future

Canada has embarked on a journey of reconciliation between Indigenous and non-Indigenous peoples. It is a necessary journey to address a long history of colonialism and the scars it has left.

The Government of Canada is committed to renewing its relationship with Indigenous Peoples based on recognition of rights, respect, co-operation and partnership. Settling specific claims is one of many steps on the journey to reconciliation with First Nations and helps create a better future for everyone. Specific claim settlements help to right past wrongs, renew relationships and advance reconciliation in a way that respects the rights of First Nations and all Canadians.

The Government of Canada has a policy and process in place for addressing specific claims through negotiations with First Nations. However, First Nations and others (including the Auditor General of Canada) have called for major changes to the way these claims are handled by the government.

Canada has heard these concerns and is working closely with First Nation partners to respond to these calls and overhaul its specific claims process. These webpages reflect the current process and will be updated as this important joint work evolves.

Ongoing joint work to improve the process

Canada is working with the Assembly of First Nations, First Nations and other interested parties in a spirit of co-operation and renewal to find fair and practical ways to improve the specific claims process. These discussions began in June 2016.

Priorities that have been identified so far include:

• the need for funding to support the research and development of claims
• the process to resolve claims with a value greater than $150 million
• the use of mediation in negotiation processes
• clarity with respect to public reporting

This ongoing work is looking at recent court and tribunal decisions and previous reviews of the process, including the recommendations for reforms made in the following reports:

• Report by the House of Commons Standing Committee on Public Accounts
• Auditor General's report on specific claims
• Archived: Five year review of the Specific Claims Tribunal Act
• Negotiation or Confrontation: It's Canada's Choice, Final Report of the Standing Senate Committee on Aboriginal Peoples

At the same time, Canada has begun to make initial changes to improve the way it handles specific claims and better support its goal to build stronger relationships with First Nations and advance reconciliation through the process. For example, Canada has increased communication with First Nations at the front end of the process and has adopted a more collaborative approach to negotiations on all claims, including on small value claims. This includes ensuring that claims valued at $3 million or less no longer follow a separate process and these First Nations can still access funding to support negotiations.

Updates on these overall efforts will be provided to First Nations and other interested parties through announcements, updates to online information and other outreach tools as key developments occur.

Canada is committed to continuing to work with First Nations across the country to reach fair and final settlements to resolve their longstanding claims.

What are specific claims

Specific claims deal with past wrongs against First Nations. These claims (made by First Nations against the Government of Canada) relate to the administration of land and other First Nation assets and to the fulfilment of historic treaties and other agreements. For example, a specific claim could involve the failure to provide enough reserve land as promised in a treaty or the improper handling of First Nation money by the federal government in the past.

Specific claims are separate and distinct from comprehensive land claims or modern treaties.

The Government of Canada works with First Nations to resolve outstanding specific claims through negotiated settlements. The specific claims process is voluntary for First Nations and provides a way to resolve disputes outside of the court system.

Settling claims is the right thing to do. Negotiated settlements honour treaty and other legal obligations and resolve longstanding disputes in a balanced way that respects the rights of all Canadians. Settlements provide First Nations with capital that can be invested in new opportunities for community and economic development that can benefit First Nations and their neighbours.

The Government of Canada does not take away land from third parties to settle specific claims.

Settled and outstanding specific claims

As of March 2018, the Government of Canada has negotiated settlements on more than 460 specific claims. However, there is more work to do. Hundreds of specific claims remain outstanding. This includes about 250 accepted for negotiation, 71 claims before the Specific Claims Tribunal and about 160 specific claims are currently under review or assessment. These numbers do not include claims that are in research and development by First Nations or cases where Canada has not accepted the claim for negotiation or where First Nations may be preparing to submit a claim to the Tribunal.

Visit the Reporting Centre on Specific Claims and select:

• National Summary for an overview of statistics on settled and outstanding claims
• Status Report on Specific Claims for up-to-date, basic information on the status of individual specific claims within the federal process
• Settlement Report on Specific Claims for information on all negotiated settlements since 1973

How to file a specific claim

First Nations research their own claims and submit them to the Government of Canada.

Before a claim is filed, claims research is done by individual First Nations, some tribal councils or by research associations. The First Nation decides which research avenue they wish to pursue and then submits the claim to the Government of Canada. Funding is available to First Nations to develop their claims. For information about funding guidelines please visit: Specific claim negotiation costs funding guidelines.

In order to be filed with the Minister, claims need to meet certain requirements for the kind of information presented and the format in which it should be presented. These requirements are detailed in the Minimum Standard for Filing a Specific Claim Submission.

Each claim is important.

There are 2 ways that claims can be submitted:

1. A Specific Claims submission can be sent by mail or courier to the Director General for the Specific Claims Branch at Crown-Indigenous Relations and Northern Affairs Canada at the following address:
   Director General, Specific Claims Branch
   Crown-Indigenous Relations and Northern Affairs Canada
   25 EDDY ST
   Gatineau, Quebec  K1A 0H4
   Canada
   Mail Stop 16-5
   Building LES TERRASSES DE LA CHAUDIÈRE
   Floor 6
2. A Specific Claims submission can be sent electronically through a secure file exchange with Titan file. If you wish to send your claim electronically, please make a request to: dgrpservicesgeneraux-scbcorporateservices@rcaanc-cirnac.gc.ca to organize the file transfer.

Claims must be submitted through 1 of these 2 means in order to be received and processed in accordance with the Specific Claims Policy and Process Guide.

If you have not received an acknowledgment letter within 1 month of your claim submission, please contact: dgrpservicesgeneraux-scbcorporateservices@rcaanc-cirnac.gc.ca.

Steps in the specific claims process

This diagram outlines the different steps involved in the Government of Canada's current process, which may be subject to change as part of ongoing joint work on claims reform:

Description of the Specific Claims Process

This diagram outlines the steps in the specific claims process. To begin, following claims research, the First Nation submits its claim to the Government of Canada. The government reviews the claim and after a period of up to six months determines if the claim meets the minimum standard for claim submissions. If the claim does not meet the minimum standard, the claim is returned to the First Nation who has the option to resubmit the claim with revisions, and restart the process.

If the claim meets the minimum standard, it is filed with the Minister and moves to the assessment phase. This phase can take up to three years. During this time, the government assesses the claim to determine whether or not to accept the claim for negotiation. To be accepted under the Specific Claims Policy, a claim must demonstrate, on a balance of probabilities, that the Government of Canada has an outstanding lawful obligation to the First Nation. If the claim is not accepted for negotiation, the First Nation may choose to resubmit the claim with new evidence or to file the claim with the Specific Claims Tribunal. If the First Nation chooses to resubmit the claim with new evidence, the specific claims process begins again. If the claim is referred to the tribunal, the tribunal will make a binding decision on validity and compensation.

If the claim is accepted for negotiations by the Government of Canada, the negotiation process begins. If, after three years, a negotiated settlement has not been reached or if the First Nation is not satisfied with the progress of negotiations, they may choose to refer the claim to the Specific Claims Tribunal. However, negotiations may continue beyond three years if the First Nation chooses.

If a settlement is reached, it moves forward to implementation. If a settlement is not reached, the First Nation can either resubmit the claim with new evidence or can file the claim with the Specific Claims Tribunal. If the claim is referred to the tribunal, the tribunal will make a decision on validity and compensation.

About the Specific Claims Tribunal Act

The Specific Claims Tribunal Act came into effect on October 16, 2008, creating a new independent body called the Specific Claims Tribunal. This was in response to numerous past calls from First Nations and government commissions between 1947 and 2008.

The act created an independent tribunal with the power to make binding decisions on the validity of specific claims and any resulting compensation up to $150 million per claim. The act was developed jointly with the Assembly of First Nations. Subject to the conditions set out in the act, there are four scenarios in which a First Nation can choose to file a claim with the tribunal:

• if a claim has not been accepted for negotiation by Canada
• if Canada fails to advise the First Nation within three years of filing its claim with the Minister of Crown-Indigenous Relations and Northern Affairs whether the claim will be accepted for negotiation
• at any stage in the negotiation process if all parties agree
• if three years of negotiations do not result in a final settlement

The act also introduced three-year time frames to the process. The three-year assessment period starts when the claim is filed with the Minister of Crown-Indigenous Relations and Northern Affairs. The three-year negotiation period begins on the day the minister notifies a First Nation that their claim has been accepted for negotiations. If either of those periods extends beyond three years, the First Nation can opt to refer their specific claim to the tribunal.

Learn about the Five year review of the Specific Claims Tribunal Act (Archived).

Funding for First Nations

The Government of Canada provides funding to First Nations to support their participation in the specific claims process. This includes funding:

• for the research, development and submission of specific claims
• to support First Nations participation in negotiations
• to support First Nations with claims at the Specific Claims Tribunal

The Government of Canada looks forward to continuing the joint work on specific claims reform with its partners. These webpages reflect the current specific claims process and will be updated as this joint work evolves.