A/HRC/27/52/Add.2 lands and resources in the province, and has resulted in two final agreements that have come into effect; the Government reports that two more are very close to taking effect. 60. Apart from modern treaty-making to comprehensively settle land claims is the specific claims process, which provides redress for historical grievances arising out of historical treaties and settlements already reached through negotiations or binding decisions of the Specific Claims Tribunal. The specific claims process includes a so-called Treaty Lands Entitlement mechanism, a procedure for settling land debt owed to First Nations that did not receive all of the land to which they were entitled under historical treaties. In particular, Treaty Lands Entitlement is significantly enhancing the land base of many First Nations, addressing a recommendation made by the previous Special Rapporteur in 2004. 61. Despite their positive aspects, these treaty and other claims processes have been mired in difficulties. As a result of these difficulties, many First Nations have all but given up on them. Worse yet, in many cases it appears that these processes have contributed to a deterioration rather than renewal of the relationship between indigenous peoples and the Canadian State. 62. Many negotiations under these procedures have been ongoing for many years, in some cases decades, with no foreseeable end. An overarching concern is that the Government appears to view the overall interests of Canadians as adverse to aboriginal interests, rather than encompassing them. In the comprehensive land claims processes, the Government minimizes or refuses to recognize aboriginal rights, often insisting on the extinguishment or non-assertion of aboriginal rights and title, and favours monetary compensation over the right to, or return of, lands. In litigation, the adversarial approach leads to an abundance of pretrial motions, which require the indigenous claimants to prove nearly every fact, including their very existence as a people. The often limited negotiating mandates of government representatives have also delayed or stymied progress towards agreements. 63. The Government also tends to treat litigation and negotiation as mutually exclusive options, instead of complementary avenues towards a mutual goal in which negotiations may proceed on some issues while the parties seek assistance from the courts concerning intractable disagreements. Furthermore, the Government’s stated objective of “full and final certainty” with respect to rights burdens the negotiation process with the almost impossible requirement of being totally comprehensive and anticipating all future circumstances. The federal Government has acknowledged that it is out of step with the provinces on this point and is reportedly contemplating changing course to allow interim or partial agreements, which is a hopeful sign. 64. The costs for all of the parties involved are enormous. Outstanding loans to First Nations from Canada in support of their participation in the comprehensive land claims negotiations total in excess of Can$ 700 million. These loans remain owing even if a government party discontinues the negotiations. Nor is litigation between Canada or its provinces and indigenous peoples more economical or efficient. For example, the Tshilhqot’in Nation’s aboriginal title litigation has cost the Nation more than Can$ 15 million, and taken 14 years to pursue, including five years of trial, and the case is currently under appeal to the Supreme Court of Canada. Also, the Nuu-chah-nulth Nation’s litigation over a commercial aboriginal right to fish has taken 12 years, including three years of trial and successive appeals. In the meantime, the Nuu-chah-nulth have been permitted to access very little of the fishery. 65. Finally, an important impact of the delay in treaty and claims negotiations is the growing conflict and uncertainty over resource development on lands subject to ongoing claims. It is understandable that First Nations who see the lands and resources over which they are negotiating being turned into open-pit mines or drowned by a dam would begin to 16