Specific Claims

These claims can only be made by a First Nation Council or the government of a First Nation under a Modern Treaty or Self-government Treaty. Evidence, like a council resolution, must be included to show the claim is being made by the First Nation. Individual members cannot make a claim. 

Some types of claims cannot be made. This includes claims based on:

• Treaty Rights related to activities like harvesting, hunting or fishing
• Aboriginal Rights or Aboriginal Title
• funding of policing, corrections, education, health, child protection or social assistance services

Only money can be awarded. A First Nation cannot be given land under this process. A claim cannot be based on non-economic losses like spiritual losses. The largest amount of money that can be given for a claim is $150 million.

The First Nation does research and sends the claim. First Nations can be asked to re-submit with more evidence if there is not enough in the original claim. After this there is an assessment period that can be up to 3 years. After the claim is assessed, it is accepted for negotiation or not. Negotiation can result in an agreement for compensation. 

A First Nation’s claim can go to the Specific Claims Tribunal if no settlement is reached. A First Nation can take a claim to the Tribunal if…

• It is not accepted for negotiation.
• All the parties agree during negotiations. 
• There is no final settlement after 3 years of negotiation.

Once the claim goes to the Tribunal, the Tribunal decides if the claim is valid and the amount of compensation that should be given. 

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