Specific Claims do not address Aboriginal rights or title, which are inherent to First Nations and which First Nations claimed and enjoyed in their ancestral lands well before colonization.

Instead, Specific Claims address specific obligations that the Crown assumed in relation to First Nations when British Columbia was first colonized and in the years that followed. Specific Claims seek to hold the Crown accountable for its failure to fulfill these obligations - typically the obligations to honour Treaty promises (e.g. Douglas Treaties, Barricade Treaties), to reserve land for First Nations’ continued use and occupation, and to administer and manage reserves lawfully.

Specific Claims are directed against the federal government because when British Columbia became part of Canada in 1871, it was the federal government, not the Province, that assumed the Colonial Crown’s liabilities, “the charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit” (Article 13 of the Terms of Union), and the legislative control over “Indians and lands reserved for the Indians” (section 91(24) of the Canadian Constitution).

Some Specific Claims address the Crown’s failures during the colonial period (pre-1871), such as:

the failure to reserve traditional village sites and protect these sites from appropriation by settlers, in contravention of colonial policy and law.

the illegal reduction or elimination of reserves that had been set aside for First Nations in the Colony.

the failure to honour the terms of the Douglas Treaties on Vancouver Island.

Other Specific Claims address the Crown’s wrongdoing after 1871, when British Columbia became part of Canada. Some post-1871 Specific Claims deal with the Crown’s failure in the process of creating reserves:

to include in reserves, after proper inquiry and consultation, the lands that First Nations habitually used and occupied.

to recover village or reserve lands that settlers had appropriated unlawfully.

to represent First Nations’ interests and support their applications for additional lands before the Royal Commission on Indian Affairs (1912-1916).

to survey reserves properly, so as to include all of the lands that had been intended for inclusion.

Many post-1871 Specific Claims relate to the Crown’s failure in the administration of reserves, once established, such as:

the failure to ensure that the expropriation of reserve lands for public purposes (road, railway line, hydro line etc...) met the requirements of the Indian Act, minimally impaired the Reserve, and resulted in proper compensation to the affected First Nation.

the failure to ensure that First Nations were properly compensated for the timber removed from their reserves, and that the sale of the timber and logging operations complied with the requirements of the federal Timber Regulations (cruise and valuation, scaling site, call for tenders).

the failure to ensure that the use/occupation or disposition of reserve lands was legal and resulted in proper compensation to the affected First Nation.

the failure to protect the water allocation some First Nations received with their reserves, to obtain reserve-related water records from the Province, and to represent First Nations’ water rights before the provincial Water Board.

the failure to meet its obligations when effecting the division of a First Nation and the reallocation of its reserves and assets, or when dealing with First Nations’ joint entitlement to reserve lands.

The material on this website does not constitute legal advice and should not be used or relied upon as such. It is provided only for your information, as a general introduction to Specific Claims and the Specific Claims process. Myriam and TerraVita Law make no warranties with respect to this material and will have no liability for any damage arising from its use. For legal advice on Specific Claims matters and the information on this website, please do not hesitate to contact me.