b'LANDS AND RESOURCESA Review of theSpecific Claims PolicyT he Specific Claims Policy is the federal alternative toStates shall establish and implement, in conjunction with court for First Nations seeking to settle grievancesIndigenous peoples concerned, a fair, independent, impartial, against the Crown, usually for past breaches of Treatyopen and transparent process, giving due recognition to obligations or misuse of First Nations funds, assets Indigenous peoples laws, traditions, customs and land or lands. tenure systems, to recognize and adjudicate the rights of Since the 1940s, First Nations have been advocating for a fairIndigenous peoples pertaining to their lands, territories and and fully independent process to address their claims, notingresources, including those which were traditionally owned that the Crown assesses the validity of claims using its own legalor otherwise occupied or used. Indigenous peoples shall have advice, manages the policies that fund claims development andthe right to participate in this process.negotiation and determines which claims will be negotiated The current process is inconsistent with the UN Declaration or rejected.and the Honour of the Crown; this process is a key principle These concerns have been the subject of countless studies,which the Supreme Court of Canada notes is always at stake Parliamentary reviews, Auditor General reports andbetween Canada and First Nations and perpetuates conflict overwhelming criticism, and they are reflected by a largeof interest. backlog of unresolved claims and large numbers of dispossessedIn 2016, following a legislated five-year review of the Specific Indigenous lands, territories and resources.Claims Tribunal Act and a 2016 report of the Office of the Since 2016, the Federal Government has repeatedly stated thatAuditor General, Canada committed to work jointly with the its most important relationship is with Indigenous Nations andAssembly of First Nations (AFN) to substantively reform the that reconciliation is a key priority. If reconciliation is indeedspecific claims process and policy. the objective, then finally addressing First Nations concernsWhile the initial focus was on reforming the existing process, with Canadas Specific Claims Policy and process is critical.First Nations made it clear they expected more than The Honour of the Crown1 demands a new approach to claimsincremental change. Chiefs-in-Assembly passed AFN Resolution resolutionone that is fair, timely and independent.91-2017, Support for a Fully Independent Specific Claims Process, The minimum standard is outlined in Article 27 of the Unitedcalling for the creation of a fully independent process with the Nations Declaration on the Rights of Indigenous Peoples (the goal of achieving the just resolution of Canadas outstanding UN Declaration): lawful obligations through good faith negotiations.www.afn.ca 53'