Question Period Note: Specific Claims

Resolving Canada’s historical grievances with Indigenous peoples is a crucial part of reconciliation.
Since January 1st, 2015, we have settled 125 claims with partners. We know there is more to do, and that is why we are working with partners to further improve the specific claims process.
We remain committed to addressing the harms of the past to build a stronger future for Indigenous Peoples and Canadians alike.

The term “specific claims”, generally, refers to claims made by a First Nation against the federal government which relate to the administration of land and other First Nation assets and to the fulfilment of Indian treaties, although the treaties themselves are not open to renegotiation. Specific claims are addressed through the Specific Claims Policy and the Specific Claims Tribunal Act. The Specific Claims Policy provides a framework for an alternative dispute resolution process that allows Canada to discharge its outstanding legal obligations through negotiated settlement agreements, rather than through litigation, while the Specific Claims Tribunal provides independent adjudication on specific claims.

Canada has settled 527 specific claims since 1974, for a total settlement amount of $6.5 billion. The pace of settlement has increased significantly over the past five years, within which 125 claims were settled, representing over 20% of claims settled since 1974. There are currently 542 claims in the Specific Claims inventory from First Nations across Canada, of which 159 claims are in assessment, 319 are in negotiation, and 64 are active at the Specific Claims Tribunal.

An Assembly of First Nations (AFN) – Canada Joint Technical Working Group on Specific Claims has been working on process and policy reforms since 2016. Longer-term policy, process and legislative reform will be developed through broad-based engagement sessions with First Nations across Canada that will examine, among other elements, means to make the process more independent of Government decision-making and inclusive of Indigenous dispute resolution traditions. The AFN is leading the engagement sessions, which began on October 24 and concluded at the end of November.

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