Specific Claims in Canada

The specific claims process allows First Nations to pursue the settlement of historical grievances against the federal government as related to the non-fulfilment of treaty obligations and/or the improper administration of lands and assets under the Indian Act. The various grounds under which a claim may be filed, and criteria related to the determination of compensation, are specified in the Specific Claims Policy.

The specific claims process should be engaged in a manner that can maximize the possibility of a successful settlement with the least amount of delay. Many First Nations, however, do not have and cannot access the financial resources necessary to participate effectively in the specific claims process, nor does Canada have an incentive to make more than minimal amounts of funding available. Most importantly, Canada has used, and continues to use, the lack of access to sufficient resources against First Nations, thus lengthening the claims preparation and negotiation process, limiting the number of claim settlements and reducing the amount of compensation awarded.

As a result, First Nations have had to depend on the little government funding that has been made available, use their own resources or enter into expensive and restrictive contingency arrangements to advance their specific claims. Other sources of financing were simply not available.

 

An Insured Finance Solution

The IWF Group Insured Finance Program for Specific Claims (the “Program”) has been set up specifically to facilitate an insurance-based solution that allows First Nations across Canada to independently access the resources, experts and advisors necessary to effectively pursue the resolution of their specific claims on even terms with Canada, whether by negotiated settlement or by application to the Specific Claims Tribunal.

The concept is simple—the funds required are provided by a line of credit secured solely by an insurance policy, for which a premium is paid from the line of credit. If the claim is successful, the loan is repaid through monies received from the settlement or award of compensation. If the claim is unsuccessful, the insurance policy will repay 100% of the loan. Regardless of outcome, there is no financial risk or recourse to the First Nation.

Specific Claims as a Key Element in Community and Economic Development

Where First Nations have specific claims with a strong possibility of settlement, the Program can further leverage the value of these expected future settlements by providing additional financial resources to pursue various community development initiatives. These services, available at the discretion of the Nation, could include: preparation for the receipt and management of potential settlements; community planning efforts; litigation support; commercial and economic development initiatives; and the development and implementation of consultation management strategies.

Once again, in the event that the claim is unsuccessful, any funds utilized for these purposes would be covered by the insurance policy, with no financial risk or recourse to the Nation.