Uncovering Past Wrongs: Understanding Specific Claims In Canada

A specific claim involves an allegation that Canada breached or did not fulfil a legal obligation flowing from Treaty, the Indian Act, or a legislative or fiduciary obligation owed to a First Nation.

Specific claims relate to past wrongs against First Nations, including those relating to the Crown's failure to provide reserve lands or other assets under Treaty, or mismanagement of those lands or assets. A specific claim can only be filed by a First Nation. A specific claim must relate to events that occurred more than 15 years ago. In addition, a specific claim cannot be based on Aboriginal rights or title or Treaty rights related to activities of an ongoing and variable nature (such as hunting or fishing).