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T-Space at The University of Toronto Libraries >
Indigenous Law Journal >
Fall 2006, Volume 5, No. 1 >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/17127

Title: The Expectation of Justice
Authors: Boissoneau-Thunderchild, Denielle
Issue Date: 1-Oct-2006
Publisher: Indigenous Law Journal
Abstract: The aim of this paper is to explore the Crown’s obligations to a First Nation claimant leading up to and following the settlement of a specific claim, wherein the specific claim is for the unlawful surrender of Indian reserve lands set aside under treaty. According to the Department of Indian Affairs’ published material, specific claims “deal with specific actions and omissions of government as they relate to obligations undertaken under treaty, requirements spelled out in legislation and responsibilities regarding the management of Indian assets.” As part of this exploration, this paper will review the unwritten requirement of the federal Specific Claims Policy to obtain modern surrenders in order to settle the Crown’s historical breach, the unwritten implementation guidelines for Canada’s compensation criteria, and the length of time it takes for lands to be added to reserve where that is a component of the settlement agreement. The paper will begin with a brief historical overview of the development of the federal Specific Claims Policy, and review the larger political and legal context within which it has evolved. The paper will then move on to review the current policy and two case samples of settled unlawful surrender claims related to reserve lands set aside under treaty for Garden River First Nation and Thunderchild First Nation.
URI: http://hdl.handle.net/1807/17127
ISSN: 1703-4566
Rights: Indigenous Law Journal
Appears in Collections:Fall 2006, Volume 5, No. 1

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