Comprehensive vs. Specific Claims
Sliammon is currently engaged in parallel processes to resolve rights and title and historical issues. We are in the Comprehensive Claims and the Specific Claims processes.
Comprehensive Claims = Treaty Negotiations
Comprehensive Claims are Treaty negotiations. The federal government started the Comprehensive Claims process to deal with parts of the country where historic Treaties were never signed. British Columbia has the highest number of unresolved Treaties of any province in Canada. Comprehensive claims usually involve Self-Government, Land, Fishing and Hunting Rights and Cash.
For B.C. the federal and provincial governments and the First Nations Summit developed the B.C. Treaty Commission process. In 1993, Canada, BC, and First Nations in the province established the British Columbia Treaty Commission (BCTC) to facilitate the negotiation of treaties. Its main function is to act as an independent third party, a keeper of the process on behalf of First Nations and governments.
The BCTC process is slightly different from the Comprehensive Claims process in the rest of Canada. Unlike the Comprehensive Claims process the BCTC process does not require First Nations to provide proof of rights and title before they can be accepted into the process. This is positive in some ways but has also resulted in numerous overlaps from First Nations claiming expansive Territories, sometimes without much historical evidence.
Sliammon is currently involved in the comprehensive land claims process through the BCTC process. For more information on the BCTC process, you can go to their web-site at http://www.bctreaty.net.
Specific Claims Are Based on Specific Historic Losses, Usually Reserves
The federal Specific Claims process deals with specific instances where the federal government failed to fulfill a legal obligation to a First Nation, or breached its fiduciary duties. Indian and Northern Affairs Canada recognizes the following as grounds for specific claims:
- The non-fulfillment of a treaty or another agreement between First Nations and the Crown;
- The breach of an Indian Act or other statutory responsibility;
- The breach of an obligation arising out of government administration of First Nations funds or other assets; or
- An illegal sale or other disposition of First Nation land by government.
Aboriginal rights and title cannot be dealt with through Specific Claims.
Sliammon currently has 6 specific claims files which are being pursued by Sliammon Chief and Council and the negotiation team. For some of them our Specific Claims lawyer, Allan Donovan, has completed a revised or new legal opinion to make sure we put forward our strongest case. Our specific claims include:
- Wilde Road (which has been initially rejected by Canada),
- Southview Beach/ Scuttle Bay (which has only been partially accepted by Canada)
- Klahannie (Lot 29)
- Lund Road (which was revised and submitted)
- Tees-Kwat (which has recently been submitted)
The biggest of these is for Tees-Kwat. Council has submitted our Specific Claim for Tees-Kwat stating that this should have been a Reserve. Tees-Kwat may be a difficult claim to have accepted. Canada often declines to accept claims for lands that should have been Reserves. They often will only accept claims for Reserves that were originally confirmed but then taken away. It is clear that Sliammon should have had Tees-Kwat as a Reserve. Our team has pulled together very strong historical and legal documents. However, we all need to be prepared for the possibility that the claim may not be accepted.
If Tees-Kwat is not accepted as a Specific Claim, Sliammon has three options. We can try to negotiate to deal with Tees-Kwat in Treaty, appeal the decision to the new independent Specific Claims Tribunal, or go to court.
Sliammon has filed a legal writ for a title claim to Tees-Kwat to keep legal options open. The timing is good for an appeal to the new Specific Claims Tribunal if necessary because the federal government has already passed the legislation for the new tribunal.
However, the best option is likely to negotiate in Treaty. The negotiation team are working with Council and the community to put forward proposals to deal with Tees-Kwat in or alongside Treaty. The proposals will likely include some form of recognition and compensation as well as a plan to bring sockeye salmon back to Powell Lake.
Sliammon is hoping to complete all of most of our Specific Claims and bring the offers to the community to vote on before the Treaty is completed. However, the federal government is notoriously slow for accepting and negotiating Specific Claims. If Sliammon is not able to complete the Specific Claims prior to Treaty, we will make sure that all valid claims are kept open for negotiation after Treaty.
For more information on Specific Claims, you can go to their web-site at: http://www.ainc-inac.gc.ca/ps/clm/scb-eng.asp.