Specific Claims

JFK Law: Leaders in Specific Claims Resolution

JFK Law has lawyers across the country who have successfully guided First Nations through every stage of the process—from initial research to multi-million dollar settlements and precedent-setting Tribunal decisions. We understand that each claim represents both a historical injustice requiring remedy and an opportunity to secure resources for future generations. Our national practice delivers results while respecting the unique history and aspirations of each First Nation we serve.

Understanding Specific Claims and the Process

A Specific Claim allows First Nations to seek compensation from Canada for historical breaches of its lawful obligations. Specific Claims deal with claims relating to the administration of lands or other First Nations assets. These can include claims against the Crown about:

• Failures to provide lands or other assets
• Failures to fulfill legal obligations under the Indian Act and other legislation
• Breaches of legal obligations relating to administration of reserve lands, First Nation moneys, or First Nations assets
• Illegal leases or disposal of reserve lands without paying adequate compensation
• Taking or damaging reserve lands without adequate compensation
• Fraud in acquiring, leasing, or disposing of reserve lands

Specific Claims follow an established process: research and development; submission of a claim; a three year period for Canada to decide on whether it will negotiate a claim; and a three year period for negotiations (if accepted for negotiations). Specific Claims that are not accepted for negotiations or do not settle after three years of negotiations can be filed with the Tribunal.  Importantly, claims must relate to events that occurred more than 15 years ago, but there are no limitation periods that bar historical claims from being heard by the Tribunal.

Research, Development, and Funding Support

Building a successful claim requires extensive research and legal analysis. JFK Law works with expert historians to develop comprehensive claims through:

• Archival research to locate documents proving Canada’s obligations
• Oral history documentation with Elders and knowledge keepers
• Legal analysis based on treaties, fiduciary law, the honour of the Crown analysis, and current precedents
• Strategic planning to identify your strongest arguments

We help secure funding to pursue Specific Claims at every stage.

Our strong track record of claims accepted for negotiation reflects our thorough understanding of both historical documentation and legal requirements.

Strategic Negotiation and Settlement

When Canada accepts a claim, our experienced negotiators work to maximize your settlement through various mechanisms, including:

• Our deep knowledge of federal negotiation mandates and frameworks
• Our willingness to pursue creative solutions tailored to your community’s needs

We support the entire settlement process, from strategy development through ratification, ensuring agreements benefit both current and future generations. Our settlements include complex multi-million-dollar agreements.

Tribunal Advocacy and Compensation

When negotiations are unsuccessful or Canada refuses to negotiate, JFK Law provides exceptional advocacy before the Specific Claims Tribunal, drawing on our extensive litigation experience and deep understanding of the Tribunal’s specialized procedures and its unique context. Our lawyers are skilled in presenting complex historical evidence, including oral history testimony, and in crafting legal arguments that resonate with Tribunal members. We work closely with clients to develop compensation claims that maximize recovery within the Tribunal’s framework.

Our Distinguished Team

JFK Law’s Specific Claims practitioners extensive experience, national recognition as leaders in our field, and strong relationships with historians and experts across Canada.  We stay current with evolving case law, policy changes, and procedural developments through active participation in professional development and engagement about Specific Claims.

Our team members have not only represented First Nations in claims but have also contributed to the conversations about the development of Specific Claims law, such as through legal education presentations.  This combination of practical experience and thought leadership ensures our clients benefit from both proven strategies and innovative approaches to advancing their claims.

Partnership and Commitment

We approach each claim with respect for your Nation’s history and governance, flexibility to meet your unique needs, and transparency in our advice and strategies. We view Specific Claims as part of the reconciliation journey—securing fair compensation for past wrongs while helping build stronger futures.

Through long-term relationships built on trust, transparency, and successful outcomes, we have earned a reputation as counsel who understand that resolving historical grievances is essential to building a more just future for First Nations.