Indigenous specific land claims in Canada

Indigenous peoples in Canada
First Nations Inuit Métis
History Timeline Pre-colonization Genetics Settler colonialism Genocide Residential schools Indian hospitals Reconciliation
Politics Indigenous law British Columbia Treaty Process Crown and Indigenous peoples Health Policy Idle No More Indian Act Indigenous and Northern Affairs Canada Land Back Land claims Land defender Land title Missing and Murdered Indigenous Women Numbered Treaties Royal Commission Self-government Specific claims Treaty rights Genocide Case law Organizations Politics
Culture Art Indigenous cultures Indigenous personalities Country food Music
Demographics Indian reserves AB FN Métis Atlantic CA BC MB ON QC SK Territories Pacific Coast
Linguistics Indigenous languages Inuit languages Chinuk Wawa Indigenous English Dialects NAPA Aboriginal syllabics Chinuk pipa Inuit grammar
Religions Traditional beliefs Inuit religion
Index Index of articles Indigenous First Nations Inuit Métis Stubs
Indigenous North Americas Canada portal
v t e

Indigenous specific land claims in Canada, also called specific claims, are long-standing land claims made by First Nations against the Government of Canada pertaining to Canada's legal obligations to indigenous communities.^[1]

They relate to the administration of land and other First Nation assets by the federal government, as well as to the fulfillment (or lack thereof) of historic treaty obligations and of any other agreements between First Nations and the Crown by the government.^[1] For example, this can involve mismanagement of indigenous land or assets by the Crown under the Indian Act.^[2] To settle specific claims, the Government of Canada does not take away land from third parties;^[1] rather, the government typically resolves specific claims by negotiating a monetary compensation for the breach with the band government, and in exchange, they require the extinguishment of the First Nations' rights to the land in question.^[3]

Specific claims are based on lawful obligations of the Crown toward the First Nations, and are separate and distinct from comprehensive land claims or modern treaties. More specifically, First Nations cannot use aboriginal titles or punitive damages as the basis of their claims.^[1]

In 2008, an independent judicial body, the Specific Claims Tribunal, was created to give binding decisions to resolve the claims that were not accepted for negotiations, or claims where both parties could not agree on a fair compensation.^[2]

The Canadian government started recognizing indigenous specific claims in 1973, whereafter they began negotiating for their settlement. Since then, 1,844 claims have been submitted by First Nation communities. Of these, 935 have been resolved.^[4] As of March 2018^[update], 460 claims have been negotiated for settlement by the federal government, while outstanding claims include the 250 that have been accepted for negotiation; the 71 that have come before the Specific Claims Tribunal; and the roughly-160 specific claims that are currently under review or assessment.^[2]