What is the Specific Claims Tribunal?

The Specific Claims Tribunal is an independent federal tribunal established by the Specific Claims Tribunal Act, S.C. 2008, c. 22 (passed June 18, 2008, in force October 16, 2008). The Tribunal adjudicates First Nations claims arising from federal Crown breaches of treaty or other lawful obligations regarding reserves and assets. The Tribunal can award up to 150 million dollars per claim and is one of the principal mechanisms for resolving historical First Nations grievances. Specific claims (as distinct from comprehensive land claims) involve historical lawful obligations rather than unceded Aboriginal title.

The federal government had operated a specific-claims process through the Department of Indian Affairs from the 1970s, but the process was widely criticised by First Nations as biased (since the federal government was the respondent and the assessor of claim validity). About 1,500 specific claims had been filed with the federal government by 2007, with about 800 still in process and many showing decade-long delays. The 2007 Joint Task Force on Specific Claims Resolution (co-chaired by AFN National Chief Phil Fontaine and Indian Affairs Minister Jim Prentice) recommended the establishment of an independent tribunal.

The Specific Claims Tribunal began operations on October 16, 2008. The Tribunal consists of up to 6 federally appointed adjudicators (judges or former judges) appointed by the Governor General on the recommendation of the federal Minister of Justice. The Tribunal's first Chair was Justice Harry Slade. The Tribunal can award up to 150 million dollars in compensation per claim. Claims that exceed 150 million dollars are excluded; claims rejected by the federal government's specific claims minister can be appealed to the Tribunal. By 2024 the Tribunal had heard over 100 claims and issued numerous decisions. Notable decisions include Halalt First Nation v. Canada (2014, upholding the Vancouver Island Halalt First Nation's claim of breach of fiduciary duty over reserve land), Akisq'nuk First Nation v. Canada (2016, ?aq'am First Nation), and many others. The Tribunal's decisions have provided substantial compensation to First Nations for historical breaches of fiduciary duty, treaty obligations, and statutory obligations.

The Specific Claims Tribunal has produced significant outcomes for many First Nations but has faced ongoing challenges including underfunding, limited capacity, and the 150 million dollar cap. By 2024 the federal government had paid out approximately 8 billion dollars in specific claims settlements (combining settlements negotiated through the federal process and settlements following Tribunal decisions). The 2017 Specific Claims Policy Reform process and the 2021 federal Specific Claims Action Plan have aimed to reduce backlogs and improve outcomes. About 800 specific claims remained in process as of 2024, with the Tribunal continuing to hear rejected claims or claims that have stalled in negotiation.