Hon. Harry Slade, Q.C., Chairperson SPECIFIC CLAIMS TRIBUNAL

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1 Hon. Harry Slade, Q.C., Chairperson SPECIFIC CLAIMS TRIBUNAL

2 I. JURISDICTION II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT III. PROCESS BEFORE THE TRIBUNAL

3 I. JURISDICTION Specific Claims: o Claims of First Nations (Bands) arising from taking of Reserve Lands (s.91(24) Constitution Act) o Misuse of Indian Monies o Failure to perform treaty obligations Medicine Chest Farming Implements TLE (Treaty Land Entitlement) o Fraud by government officials

4 I. JURISDICTION CONT D Specific Claims, cont d: o Notes Most claims relate to reserve lands Issues therefore not as broad as those in relation to claims of aboriginal rights, in particular, title However, very significant to aboriginal collectives constituted as bands, as at times reserves established there was no clear basis in law for an expansion of the land base reserved for aboriginal peoples Compensation: o Monetary only, not to exceed $150,000,000 o Notes Act does not limit awards of compensation to ederal budget allocation for claims settlement of $250,000,000 ($2.5 billion over 10 years)

5 I. JURISDICTION CONT D Condition Precedent to Filing with Tribunal o Rejection by Minister in INAC, Specific Claims Branch Process o Where claim accepted by Minister, no resolution after 3 years o By agreement of claimant and Crown Parties o First Nation claimant and Crown, Canada o A Province, if it attorns to jurisdiction of the Tribunal

6 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT Enactment o Royal Assent June 2008 o In force October 2008 Appointments o Tribunal members to be Superior Court Justices o First appointments November 27, 2009 for 1 year term Johanne Mainville [Quebec], Patrick Smith [Ontario], and Harry Slade [B.C.] Up to 18 judges, not to exceed 6 Full Time Equivalents Judges Act Amendments provided for 3 additional Superior Court Judges in B.C., 2 in Ontario, and 1 in Quebec Assumed that judges appointed to the Tribunal would work from resident courthouses

7 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT CONT D Appointments cont d o Terms renewed November 2010 Harry Slade Chair 5 years Justices Smith and Mainville reappointed 3 others named for future appointments

8 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT CONT D Work to Date o Website: o Annual Report delivered to Minister on September 30, 2010 explains issues and work towards resolution from December 2009 to September 2010 Sets out work to be done in fiscal year

9 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT CONT D Rules of Practice & Procedure o Establishes process for filing and management of claims through to conclusion o Must be in place before Registry opens for filing of claims o Developed in consultation with AFN (assistance from AFN & Chief Atleo in facilitating organization of committee), several FN organizations, SCB (INAC) representatives, legal counsel representing FN s and Crown o Comprehensive draft in English and French, October 2010

10 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT CONT D Rules of Practice & Procedure cont d o Statutory Instruments Act As creature of a Federal Statute, Tribunal is required to comply A 3 step process intended to ensure compliance with Federal standards Lengthy process, in control of a branch of the Department of Justice Rules sent to Department of Justice in late 2010 o Hoped to see Rules through SIA process by April 2011 not achieved now projecting June 2011

11 II. IMPLEMENTATION OF THE SPECIFIC CLAIMS TRIBUNAL ACT CONT D Other Operational Requirements o Complete staffing Compliance with Federal statutes and policies to establish employment roles o Ensure adequacy of resources to support work of the Tribunal Existing Treasury Board note of funds for 5 year period, made before appointment of judges to Tribunal Actual needs will not be known until the Tribunal goes into operation

12 III. PROCESS BEFORE TRIBUNAL Specific Claims Tribunal Act provides for adjudication based on application of law Act establishes power of Tribunal to establish rules for many procedures available in proceedings before courts o Important to have procedures available, in particular ability to order production of documents, pre-hearing examinations for discovery o In SCB process, no ability of either party to compel discovery of relevant documents however, claimant is required to make extensive production to support claim availability of court-like procedures to ensure fairness in the process

13 III. PROCESS BEFORE TRIBUNAL CONT D SCC has encouraged reconciliation by negotiation Preamble to Act speaks to creation of conditions that facilitate negotiations, and references the objective of reconciliation Draft Rules integrate mediation into process before Tribunal

14 III. PROCESS BEFORE TRIBUNAL CONT D A challenge to create a process that ensures fairness by recourse to court-like procedures, and at the same time fosters negotiated resolution The first is inherently adversarial and directed to an adjudicated outcome o o These tend to be zero sum outcomes Reconciliation not served by producing a winner and a loser With this in mind, Tribunal members have developed rules that o o Emphasize, in case management, the identification of core issues and Assisting the parties in narrowing and addressing these issues

15 THANK YOU