Redesign of the Specific Claims process
Engagement on the reform of the specific claims process, co-developed with First Nations.
Current status: Open
The deadline to submit feedback and comments is December 2024.
On this page
Why
Canada is committed to advancing reconciliation and the resolution of First Nations' historical grievances through the Specific Claims process, with a focus on negotiated settlements.
First Nations have made their concerns clear:
- a lack of transparency
- a perceived conflict of interest in the Government of Canada controlling too much of the process while being a party to the dispute
- the amount of time it takes to reach a resolution
- the lack of recognition of Indigenous laws and dispute resolution mechanisms
- limits on financial compensation that the Specific Claims Tribunal can award
We are working to address these concerns by co-developing reforms to the Specific Claims process in collaboration with First Nations. Since 2016, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) has undertaken operational reforms to accelerate the pace of resolution to an average of 36 claims per year over the last 5 years. At the same time the number of claims submitted by First Nations continues, with 50 or more new claims filed with Minister of Crown-Indigenous Relations each year. More must be done to address outstanding specific claims.
In 2022, CIRNAC was mandated to co-develop options to redesign the Specific Claims process with First Nation partners, including a Centre for the Resolution of Specific Claims, consistent with the Government's United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan.
What
Canada and the Assembly of First Nations are currently co-developing options for a reformed Specific Claims process and for a Centre for the Resolution of Specific Claims through the Specific Claims Implementation Working Group (SCIWG). The Government of Canada and the Assembly of First Nations launched the SCIWG co-development process on November 3, 2022.
Discussions are informed by the Assembly of First Nation's Specific Claims Reform proposal, developed after extensive engagement with First Nations, as well as Canada's United Nations Declaration on the Rights of Indigenous Peoples Action Plan. As part of the reform, Canada is committed to the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, and to engaging with Indigenous peoples throughout the reform development process.
Based on co-development discussions, a Centre for the Resolution of Specific Claims could serve to create an appropriate space for the Crown and First Nation claimants to work together to resolve historical grievances primarily through negotiation, and contribute to reconciliation in Canada. The Centre could have several key functions such as:
- administering the intake and registration of claims, as well as monitoring and reporting on progress towards resolution
- assisting Crown and Indigenous representatives in resolving claims by providing tools to support negotiations such as mediation and facilitation services
- establishing a resource hub to serve as a central repository for research materials, assist with access to information, and offer support and capacity building for First Nations
- administering funding to First Nations to research, develop and pursue their claims through all aspects of claims resolution
- assisting with the integration of Indigenous legal traditions and Indigenous perspectives in the claims resolution process through an Advisory Council on Indigenous Laws and Legal Traditions
- facilitating access to adjudication through the Specific Claims Tribunal when this is needed
A key principle informing this reform work and a transition to a reformed resolution process is that any specific claim already under assessment, negotiation or at the tribunal under the existing process will not be prejudiced or delayed.
How to participate
If you wish to provide feedback and comments on the reform of the Specific Claims process, please send an email and attach any relevant documents you wish to include. Please provide your feedback by December 2024.
Contact us
Email: specificclaims-revendicationsparticulieres@rcaanc-cirnac.gc.ca