What is a Specific Claim?
The LSLIRC-TARR Program specializes in providing professional services for the researching and writing of Specific Claims. The Specific Claims Process aims to resolve grievances between First Nations and the Government of Canada. A Specific Claim arises when the Crown has an outstanding lawful obligation to a First Nation because its agents failed to uphold a treaty or other agreement with the First Nation; violated the Crown’s statutory obligations, improperly administered First Nation land, money or other assets, or illegally sold or otherwise disposed of First Nations land.
What is the Process?
Once alleged claims are identified, the LSLIRC-TARR Program conducts research into the specific grievances and produces a claim report. The draft claim report is then reviewed by TARR’s legal counsel. Legal Counsel often has changes to the claim report and develops the legal principals and arguments section of the claim. Once these components are integrated into the report to produce a final draft of the claim, the First Nation can then choose to submit it to the Minister of Aboriginal Affairs and Northern Development Canada’s Specific Claims Branch (SCB) for review. For a claim to be accepted for review by the SCB, it must fall within parameters outlined by the Specific Claims Policy and Process Guide. If, upon the completion of that review, Canada agrees to accept the claim for negotiation, then negotiations can begin, and hopefully lead to a settlement. Depending on the type of claim, provincial and/or territorial governments may be invited to participate in the settlement negotiations.
- Research Services: For further details on the kinds of services offered by the LSLIRC-TARR Program please refer to our research services.
- Resources: For further information about Specific Claims, its process, and research best practice, please refer to our resources page.