The specific claims process is Canada’s way of addressing historical losses related to Indigenous Nations’ lands, assets, and treaties. But this process is broken. It’s built on a conflict of interest: Canada is the decision-maker in claims against itself and the system fails to integrate or even recognize Indigenous laws.
For over fifty years, Indigenous Nations in BC have called for changes to the specific claims process. They say that historical losses must be understood in terms of their meaning to Indigenous communities – and that redress for these losses must be rooted in Indigenous ways, based on Indigenous laws and legal traditions.
Now, in many different ways, in many different places, BC Indigenous Nations are actively revitalizing their laws related to redress for past wrongs. Our Laws Arise from the Land recognizes and supports these efforts. It offers resources for Indigenous community researchers who are seeking to enact their Indigenous laws in processes of redress.
In this video, lawyer Ardith Walpetko We’dalx Walkem (Nlaka’pamux Nation) explains how Indigenous laws are an important part of fixing the “broken” specific claims process. “Justice is shared,” she says. “Justice is never imposed.”