Sociology Index


Indigenous Specific Land Claims in Canada are claims made by First Nation communities related to the administration of land and other First Nation assets by the government of Canada. Indigenous Specific Land Claims in Canada can also involve mismanagement of indigenous land or assets by the crown under the Indian Act. Specific land claims arise from alleged non-fulfilment of treaties or other legal obligations, or from the alleged improper administration of lands. The federal government began to consider specific land claims from various First Nations in 1973.

Prepared by: Emma Butt, Mary C. Hurley. Beginning in the early 1970s, Canada instituted policies describing two broad categories of Aboriginal “claims” and outlining measures for dealing with them. Comprehensive claims involve assertions of unextinguished Aboriginal title to land and resources. Specific land claims declare grievances over Canada's alleged failures to discharge specific obligations to First Nations groups under a number of headings. This paper provides a brief review of developments related to the specific claim system.

Indigenous Land Claims in Canada: A Retrospective Analysis
Robert A. Simons and Shwetha H. Pai.

Abstract: Many indigenous people have been deprived of their lands and resources by military domination, unlawful and fraudulent settlements, forcible removal and relocation, and illegal expropriation. Since about 1950, a growing international movement has led to recognizing and protecting the specific rights of indigenous peoples by both international agencies and through national legislatures.

This study analyzes the indigenous land claims process in Canada. It covers the evolution of a legal land claims process, focusing on specific claims before the Indian Claims Commission and the comprehensive claims with respect to the common types of claims in Canada, the methods of compensation/restitution, and the effectiveness of the present system.