Specific Claims
On October 16, 2011, the Specific Claims Tribunal Act became 3 years old. This meant that all claims filed or accepted for negotiation at the time that the Act came into force would now have access to the Specific Claims Tribunal. Canada’s efforts to process the backlog of hundreds of claims during this 3 year period, however, created significant new challenges for First Nations, some of which are the subject of a resolution (see: 17/2011 – Specific Claims Tribunal Act Timelines). While Canada claimed to have cleared the entire back of claims over this 3 year period, regrettably, only a very small proportion of these claims was settled through negotiations – the vast majority were “rejected” or have had their file “closed”. AFN is working to rectify Canada’s reporting of how specific claims are being processed by the Specific Claims Branch (SCB), and has begun to compile its own statistics on the processing of specific claims by Canada.
Canada will conduct a 5-year review of its Specific Claims Action Plan – Justice at Last – in 2012. The AFN hosted two think tanks early in 2012 to gather input from First Nation claimants about their experiences with Canada’s new approach to specific claims. Participants at the think tanks expressed significant concern about their engagement with Canada with respect to the assessment, negotiation and funding of specific claims. Based on this, AFN developed a submission to Canada entitled “Justice Delayed”, making twelve recommendations for reform on Canada’s part. The submission can be found on this website.
The Specific Claims Tribunal of Canada is now fully operational and began to hold case management conferences during the Fall of 2011. The Tribunal’s first formal hearing was held beginning on May 30, 2012 (Osoyoos Indian Band, BC). This claim, and those that follow, are likely to have significant bearing on the landscape of claims in the months and years to come. First Nations with specific claims are urged to monitor developments at the Tribunal, and AFN will continue to share information and facilitate dialogue amongst claimants as circumstances warrant.
