1. Specific Claims Presented by: Jayme Benson
Date Prepared: April 25, 2019

2. Background
First Nations have been consistently critical of Canada’s Specific Claims policy.
The process places Canada in a conflict of interest: It is the judge, juror, and defendant.
There have been numerous studies, working groups, and reform efforts, resulting in over 50 separate calls for a fully independent specific claims process.
Date Prepared: April 25, 2019

3. Key Studies, Reports, and Reforms moving towards independence
The Penner Report (1983)
The Specific Claims Joint Working Group Report (1993)
Royal Commission on Aboriginal People (1996)
Report of the Joint First Nations – Canada Task Force (1998)
Negotiation or Confrontation: It’s Canada’s Choice (2006)
Justice at Last: A Specific Claims Action Plan (2007)
Specific Claims Tribunal of Canada Submission (2015)
Specific Claims Review: Expert Based – People Driven (2015)
Recommendations for AFN-Canada Joint Process on Specific Claims Policy Reform (2017)
Date Prepared: April 25, 2019

4. Existing Process - 1
Developed out of the Five-year review of Specific Claims Tribunal Act (2015) and Office of the Auditor General Report on Specific Claims (2016).
Demonstrates Canada’s failure to live up to the commitments made under “Justice at Last”.
Minister Bennett committed to working with First Nations and the Assembly of First Nations (AFN) to address their concerns (2016).
Date Prepared: April 25, 2019

5. Existing Process - 2
AFN-Canada Joint Technical Working Group was created (2016) with a mandate to develop recommendations.
AFN hosted two National Dialogue Sessions (2017)
First Nations no longer interested in policy tweaks designed to address poor operational practices
Desire for fundamental change – A full independent specific claims process
Date Prepared: April 25, 2019

6. Existing Process - 3
Resolution 91/2017 calls on the AFN to “jointly develop a fully independent specific claims process with the goal of achieving the just resolution of Canada’s outstanding lawful obligations through good faith negotiations”.
Date Prepared: April 25, 2019

7. Existing Process - 4
In late 2017 the Joint Technical Working Group developed instructions to inform a Memorandum to Cabinet seeking:
Interim changes to the specific claims policy
A federal mandate to engage on a fully independent specific claims process
Funding to support a First Nations led engagement process
Date Prepared: April 25, 2019

8. Existing Process - 5
No funding was included in the 2019 federal budget to support engagement.
Federal officials have told the AFN they are committed to providing funding to support engagement in 2019.
AFN representatives on the Joint Technical Working Group are unwilling to continue meeting with Canada in the absence of a solid budget commitment.
Date Prepared: April 25, 2019

9. Mandates
Resolution 91/2017 “Support for a fully independent specific claims process”
United Nations Declaration on the Rights of Indigenous Peoples:
Articles 26, 27, and 28
Date Prepared: April 25, 2019

10. Next Steps
AFN requires a budget commitment from Canada to support First Nations led engagement processes toward fully independent processes.
Once funding is approved, AFN will begin working with AFN regions to ensure the full participation of First Nations.
Date Prepared: April 25, 2019