Frequently Asked Questions

Q: What is the Registry of the Specific Claims Tribunal of Canada?

• The Registry was established to deliver administrative services to the Specific Claims Tribunal.  This includes provision of timely and accurate judicial support and corporate services to the judiciary and to our registry users in a professional, innovative and cost-effective manner.

• The Registry seeks to be recognized as a national and international model of excellence in the administration of justice for Aboriginal people and the Crown.  We are committed to being respectful toward First Nation’s values and traditions and dedicated to providing a single point of service, in both official languages.

 

Q: What is the Specific Claims Tribunal?

• The Specific Claims Tribunal is an adjudicative body created to decide First Nations' specific claims.  Specific claims can include alleged breaches of treaties, fraud, illegal dispositions, or inadequate compensation, related to reserve lands.

• The Tribunal has all the powers, rights and privileges that are vested in a superior court of record and may determine questions of law or fact, and may receive and accept any evidence that it sees fit, including oral history.

• The Tribunal is to be comprised of six to eighteen experienced superior court judges, with no more than six full-time-equivalents being appointed at any one time.  One of these members will be appointed as the Chairperson for the Tribunal.

 

Q: What is a specific claim?
 

• Specific claims can include alleged breaches of treaties, fraud, illegal dispositions, or inadequate compensation, related to reserve lands. 

• More particularly, specific claims are compensable claims related to:

• A failure to fulfill a legal obligation of the Crown to provide lands or other assets under a treaty or another agreement between the First Nation and the Crown;

• A breach of a legal obligation of the Crown under any legislation pertaining to Indians or lands reserved for Indians;

• An illegal lease or disposition of reserve lands; a breach of a legal obligation arising from the provision or non-provision of reserve lands; or the Crown’s administration of reserve lands, Indian moneys or other First Nations’ assets;

• A failure to provide adequate compensation for reserve lands taken or damaged by the Crown or any of its agencies under legal authority; or

• Fraud by employees or agents of the Crown in connection with the acquisition, leasing or disposition of reserve lands. 

Q: Why do we need a special tribunal to settle specific claims?

• Historically, decisions about the validity of specific claims and the value of compensation were made at the discretion of the Government of Canada. An independent tribunal with the jurisdiction to make binding decisions provides transparency, fairness, and finality to specific claims grievances.
• The Tribunal may take into consideration cultural diversity in developing and applying its rules of practice and procedure.

 

Q: When will members of the Specific Claims Tribunal be appointed?

• Additional members of the Tribunal are to be appointed by the Governor in Council.  The Registry of the Specific Claims Tribunal is not involved in the appointments process.     

 

Q: Can the Specific Claims Tribunal award land to First Nations?

• No. The Tribunal can make monetary awards up to $150 million per claim.

 

Q: Where will claims be heard?

• Tribunal hearings will be held at the time and place that the presiding Tribunal judge considers most appropriate. The Registry of the Specific Claims Tribunal of Canada will be prepared to provide administrative services wherever hearings may take place.

 

Q: Are hearings open to the public?

• Tribunal hearings are open to the public and any material filed with the Tribunal is considered public. The Tribunal will provide written reasons for its decisions and shall cause the reasons and the decisions to be published.

 

Q: How do I file a claim?

• The process for filing a claim with the Specific Claims Tribunal will be established by the Tribunal under the rules of practice and procedure. 

• It is anticipated that the filing process will fully utilize available technology to facilitate paperless filing, thereby providing efficiencies and overcoming logistical challenges inherent with a national Tribunal. 

 

Q: My First Nation has a specific claim.  Can I immediately file with the Tribunal? 

• A First Nation may file a claim with the Tribunal if the claim has been previously filed with Indian and Northern Affairs Canada and:
• Indian and Northern Affairs Canada has notified the First Nation of the decision not to negotiate the claim; 
• Three years have elapsed after the day on which the claim was filed with Indian and Northern Affairs Canada without a decision to negotiate;
• With Indian and Northern Affairs Canada’s consent during negotiations of a claim; or
• Three years have elapsed after the day on which Indian and Northern Affairs Canada has notified of the decision to negotiate and the claim has not been resolved by a final settlement agreement.

• There are also some exceptions contained within the Act that prevent the Tribunal from being vested with a First Nation treaty claim dispute.  These exceptions include:
• Events that occurred within 15 years of filing;
• A land claims agreement entered into after December 31, 1973, or any related agreement or Act of parliament;
• The delivery or funding of programs or services related to policing, regulatory enforcement, corrections, education, health, child protection, or social assistance, or of any similar programs or services;
• Any agreement between the First Nation and the Crown that provides for another dispute resolution mechanism;
• Aboriginal rights or title;
• Treaty rights related to activities of an ongoing and variable nature, such as harvesting rights; or
• Subject matter that is before another court or tribunal that could result in a decision that is irreconcilable with the Tribunal’s judgment where the First Nation and the Crown are parties.

Q: Are decisions of the Tribunal final?

• The Tribunal’s decisions are final and conclusive. While not subject to appeal, a decision of the Tribunal is subject to judicial review under the Federal Courts Act.

 

Q: If the Specific Claims Tribunal is independent, how can Canadians be sure that we are getting results?

• The Registry of the Specific Claims Tribunal of Canada is responsible for conforming to government standards designed to ensure transparency and accountability. The Tribunal’s Chairperson must submit an annual report on the work of the Tribunal and its projected activities for the following year to each branch of Parliament.
• The Minister of Indian and Northern Affairs Canada must also undertake a review of the Tribunal within one year after the fifth anniversary of the establishment of the Tribunal. The Minister shall submit a report based on this review to the House of Commons and the Senate, which must be referred to the appropriate committees.

 

Q: Can I apply to work for the Registry of the Specific Claims Tribunal of Canada?

• The Registry aims to be a workplace of choice! There are many upcoming employment opportunities. View the Registry’s website or the Government of Canada job-site for opportunities in the near future.