Osoyoos First Nation - Lot 58 Specific Claim


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Specific claims deal with past grievances of First Nations. These grievances relate to Canada's obligations under historic treaties or the way it managed First Nation funds or other assets. Settlements honour Canada's lawful obligations to First Nations and bring economic benefits to both First Nations and local communities as well as certainty for government, industry and non-Aboriginal Canadians.

This Osoyoos First Nation specific claim concerns the expropriation of a part of the Osoyoos reserve for a flood control canal in the 1950s and the impact this taking had on an eight acre portion of reserve known as Lot 58. The canal was placed between Lot 58 and the rest of the reserve which made Lot 58 inaccessible by vehicles. Subsequently the land suffered a reduction in value. At the time, the First Nation received compensation for the land taken for the canal but not for the land's reduced value of Lot 58.

The claim was submitted to the department in 1985 and after a thorough review was accepted for negotiation in 1999. A final agreement was initialled by the negotiators on February 27, 2007 and ratified by Band Council on behalf of the community on March 28, 2007. A settlement agreement was finalized in April, 2007.

Under the settlement, Canada will pay $344,000 in compensation and an additional $15,000 in trust to cover the community's negotiating costs.

Since 1973, about 282 specific claims have been resolved through negotiated settlements. Canada's contribution to these settlements has ranged in value from $15,000 to $125 million, with an average settlement value of $6.5 million. In British Columbia alone there are currently 303 claims under review and another 40 under negotiation. Roughly 44 per cent of all specific claims in Canada originate in British Columbia.

If you would like more information on Canada's New Government's plan to accelerate the resolution of specific claims, visit Specific Claims Justice at Last.