Types of Specific Claims

Treaty Land Entitlement (TLE) claims - These are claims that result from the failure of the Government of Canada to provide the reserve land promised under treaty.

Land surrender claims - These are claims for reserve land unlawfully taken from a First Nation.

Trust fund claims - Canada holds funds in trust for each First Nation These funds often come from on-reserve transactions ( e.g. forestry or gravel extraction fees, land lease rentals ). If Canada failed to deposit money into the band's account, or made unauthorized deductions, or accidentally deposited it into an account for another First Nation, this would be the basis for a Specific Claim.

Lease claims - When the Government of Canada enters into a lease agreement on behalf of a First Nation, but fails to meet its lawful obligations with respect to a lease, this is a basis for a Specific Claim.

Right-of-way claims - These claims arise when the Government of Canada breached its fiduciary obligation by failing to take the necessary steps to protect and preserve a First Nation's interest in its reserve lands.

Pre-Confederation claims - A pre-confederation claim, in the B.C. context, is a claim with its origins in the conduct of Colonial administration prior to the Colony of British Columbia entering into Confederation in 1871. The most common type of Colonial specific claim relates to the setting apart of Indian Reserves by the Colonial administration of Governor James Douglas , only to be followed by the later elimination or reduction of these reserves by a subsequent Colonial administration or by Canada post-confederation.

Survey Claims - After a reserve is set apart by the reserve commissioner, there eventually has to be a formal survey that marks out the exact boundaries of the reserve. If the surveyor makes a mistake and doesn't include a part of what should be in the reserve, this is the foundation of a Survey Claim.