Not all Aboriginal land claims fall neatly within the categories of specific land claims and comprehensive land claims. These claims — known as special claims, administrative claims or claims of another kind — often deal with similar issues as specific and comprehensive claims, but they do not fall under the same jurisdiction. They are often dealt with on moral rather than legal grounds in circumstances where the federal government accepts certain responsibility to resolve the outstanding grievances through alternative means.
Examples of Special or Administrative Claims or Claims of Another Kind
Camp Ipperwash (formerly Stoney Point Reserve in Ontario) – Chippewas of Kettle and Stoney Point lost the Stoney Point Reserve in 1943 to the Department of National Defence for a military training centre. Members of the First Nations were relocated to Kettle Point Reserve. After the Second World War they sought the return of their reserve which, in 1981, Canada agreed to return upon decommissioning. When decommissioning occurred in 1994, negotiations commenced and have been contentious and ongoing. It is anticipated a final agreement will be concluded in 2012.
Dakota/Lakota Sioux (Saskatchewan & Manitoba) – although the Dakota/Lakota have reserves and resided in Canada at the time of Treaty #4 #5 and #6 they were not permitted to enter into treaty because federal officials felt they were American Indians with no aboriginal interests in Canada. In 1998 the Dakota/Lakota in Saskatchewan pursued a treaty adhesion based on a number of legal, historical and moral grounds which were not accepted by Canada. However, in 2007 Canada was prepared to address some of the Manitoba and Saskatchewan Dakota/Lakota grievances resulting in a settlement proposal in 2008 that was not accepted. Only the Whitecap Dakota First Nation was prepared to continue the discussions beyond the deadline given. The others either are pursuing remedies through the courts and trying to re-engage the negotiation process.
Lubicon (Alberta) – this claim arose over the failure to provide band status and a reserve under Treaty #8 to the Cree living at Lubicon Lake. In 1933 they petitioned the federal government for band status and a reserve. In 1940 the federal government agreed to band status and a reserve but due to the intervening Second World War they were not established or recognized. In 1973 the people at Lubicon were granted band status but despite numerous rounds of negotiation no reserve has been established and negotiations have been suspended since 2006.
Athabasca and Manitoba Dene (Saskatchewan & Manitoba) – The Denesuline from Manitoba and Saskatchewan sought declaratory orders from the Federal Court that they have treaty or unextinguished aboriginal rights over their traditional territories in the Northwest Territories and Nunavut. Canada has refused to accept they had any treaty rights north of the 60th parallel, despite the fact that two Denesuline First Nations were signatories to Treaty #8 that extended into the NWT. The Canadian government chose to settle these issues outside of court as a litigation settlement rather than as a specific or comprehensive claim. Negotiations between the two territorial governments, Canada and the Denesuline have been underway since 2000.
(See www.ainc-inac.gc.ca/eng/1100100014174 and www.specific-claims-law.com/index.php/government-of-canada.)
To learn more about this area of Aboriginal law, contact Knoll & Co. Law Corporation.