First Nations and Aboriginal Law

In general, there are two types of Aboriginal land claims in Canada they are comprehensive land claims and specific land claims.

Comprehensive Claims

Comprehensive claims always involve land. Essentially Comprehensive claims deal with the unfinished business of treaty-making in Canada.  These claims arise in areas of Canada where Aboriginal land rights have not been dealt with by existing treaties or through other legal remedies.  In these areas, forward-looking modern treaties may be negotiated between the Aboriginal group, Canada and the province or territory.  Practically speaking Comprehensive claims are not as predominant in Saskatchewan due to the Numbered Treaties entered into between the Crown and Saskatchewan First Nations.

Specific Claims

Specific claims are not necessarily related to land. Specific claims can deal with past grievances of First Nations related to Canada’s obligations under historic Treaties or the way Canada managed First Nations’ funds or other assets.  Canada may negotiate settlements with the First Nation and (where applicable) provincial and/or territorial governments.  Practically speaking Specific claims may be submitted to Canada if the claim meets minimum requirements as set out by Canada.  If the Specific claim is not resolved by both the First Nation and Canada or the claim is not accepted for negotiation by Canada. Then the First Nation has the option of submitting the claim to the Specific Claims Tribunal to determine.