What is the Specific Claims Research Centre?
The Specific Claims Research Centre (SCRC) is a research organization established to assist First Nations in researching and submitting their specific claims. The SCRC receives funding from the Government of Canada to pay for research and legal costs related to specific claims.
The SCRC is not about politics. Our goal is to ensure that First Nations' specific claims are fully researched, written, and submitted in a timely and cost-effective manner.
The just resolution of specific claims can't change history, but can contribute to a solid foundation of hope and prosperity for First Nations.
The SCRC: where justice meets history.
The Specific Claims Process
The resolution of a specific claim involves a long and arduous process, one which can take several years to accomplish.
First, the specific claim is prepared. This includes documentary research and a historical narrative, which is a summary of all the documents. Then, a lawyer looks at the documents and research and decides whether all of this reveals a breach of duty (or illegality) by the Government of Canada. If there appears to be a breach of duty, the lawyer then prepares a legal opinion based on all the information provided and sends it to the band council. The council reviews it and if it is acceptable, the council then passes a BCR allowing the SCRC to submit the claim to the government. On occasion, the research or legal work may determine that there is no claim. In that case, the SCRC asks the government if some of the legal budget can be used for more research. All documents along with the historical narrative and legal opinion are then submitted to the Specific Claims Branch. The Branch does a historical report (sometimes called a research report), where they look at the material sent and then do their own documentary research. The Specific Claims Branch sends their report to a lawyer from the Department of Justice. That lawyer does his/her own legal opinion, which then goes back to the Specific Claims Branch. The Specific Claims Branch prepares a recommendation package. This package includes all materials along with a memo saying whether they recommend the claim to be accepted, accepted in part, or rejected.
The whole package then goes to the Claims Advisory Committee in Ottawa. This committee, which meets regularly, includes higher level officials from the Department of Justice and the Department of Indian Affairs. They make the final recommendation to the Minister of Indian Affairs. The Minister decides whether to follow the recommendation or not. A letter goes to the Band asking them to provide a BCR agreeing to negotiations. Once the Government of Canada receives approval from the band, it appoints a negotiator from the Specific Claims Branch. The band applies for loan funding from the Research and Negotiation Funding Unit (RNFU). These negotiations typically take from three to five years, or more.A settlement agreement is worked out which includes cash and land components and decides how the land is held (fee simple or reserve land). The government negotiator has to get this approved. The band also has to get approval for the deal from their membership. (If the claim is rejected, the band has the option of bringing it the Specific Claims Tribunal).
Types of Specific Claims
Treaty Land Entitlement (TLE) claims - These are claims that result from the failure of the Government of Canada to provide the reserve land promised under treaty.
Land surrender claims - These are claims for reserve land unlawfully taken from a First Nation.
Trust fund claims - Canada holds funds in trust for each First Nation These funds often come from on-reserve transactions ( e.g. forestry or gravel extraction fees, land lease rentals ). If Canada failed to deposit money into the band's account, or made unauthorized deductions, or accidentally deposited it into an account for another First Nation, this would be the basis for a Specific Claim.
Lease claims - When the Government of Canada enters into a lease agreement on behalf of a First Nation, but fails to meet its lawful obligations with respect to a lease, this is a basis for a Specific Claim.
Right-of-way claims - These claims arise when the Government of Canada breached its fiduciary obligation by failing to take the necessary steps to protect and preserve a First Nation's interest in its reserve lands.
Pre-Confederation claims - A pre-confederation claim, in the B.C. context, is a claim with its origins in the conduct of Colonial administration prior to the Colony of British Columbia entering into Confederation in 1871. The most common type of Colonial specific claim relates to the setting apart of Indian Reserves by the Colonial administration of Governor James Douglas , only to be followed by the later elimination or reduction of these reserves by a subsequent Colonial administration or by Canada post-confederation.
Survey Claims - After a reserve is set apart by the reserve commissioner, there eventually has to be a formal survey that marks out the exact boundaries of the reserve. If the surveyor makes a mistake and doesn't include a part of what should be in the reserve, this is the foundation of a Survey Claim.