Aboriginal Land Claims in Canada
Until the 1970's there was no clear pattern or policy approach for the resolution of land claims. Individual grievances that First Nations brought to the attention of the government were dealt with in an ad hoc manner. It was not until the federal government sought to radically alter its constitutional relations with Indian people through the introduction of the White Paper in 1969 (which was soundly rejected), along with litigation surrounding the James Bay Hydroelectric Dam development and the Calder decision in 1973, that Canada conceded that aboriginal and treaty rights existed and promoted outstanding grievances being settled through a process of negotiation rather than litigation. The period from 1969 to 1973 marked the transition from individual approaches to claims resolution to a more formalized, national process of claims resolution.
In 1973 the Federal Government issued a "Statement on Claims of Indian and Inuit People" which recognized two broad categories of native claims: "comprehensive claims" – those based on aboriginal title and rights that had not been extinguished by Treaty or superseded by law; and "specific claims" – based on lawful obligations related to the administration of Indian lands and assets and fulfillment of treaty obligations.
Due to problems and complaints about the process and very few claims settled in the 1970's, an exhaustive review of the native claims policy was conducted between 1980 and 1982 resulting in a restatement of the comprehensive claims policy in the booklet entitled "In All Fairness" and a revised specific claims policy contained in the booklet "Outstanding Business". As a result of further complaints about Canada's conflict of interest and the increasing backlog of specific claims, in 1991 the Indian Specific Claims Commission was established as an interim body to consider and make recommendations on the validation of specific claims. It was an effective interim response to calls for an independent claims body to adjudicate on all aboriginal claims and grievances. A modified response to this call for an independent and neutral claims body resulted in the establishment, in 2008, of the Indian Specific Claims Tribunal. It is empowered to consider issues of validation and compensation involving claims under $150 million. Claims over $150 million and aboriginal title claims do not have access to this body. The processing of specific claims, following passage of the Specific Claims Tribunal Act in 2008, is still administered by the Department of Aboriginal Affairs under the new "Specific Claims Policy and Process Guide".
To learn more about the various types of Aboriginal land claims, see:
- Specific land claims
- Comprehensive land claims
- Special or administrative claims/claims of another kind
- Treaty land entitlement claims
For more information on David Knoll or the land claims process in Canada, contact Knoll & Co. Law Corporation.