Specific Claims Tribunal of Canada

 

Specific Claims Tribunal Moves Forward

 

OTTAWA (JANUARY 11, 2010)

 

Mandate of the Specific Claims Tribunal

The Specific Claims Tribunal is an independent 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 can make monetary awards up to $150 million per claim.

An independent tribunal with the jurisdiction to make binding decisions provides transparency, fairness, and finality to specific claims grievances.

The Registry of the Specific Claims Tribunal of Canada was established to deliver administrative services to the Tribunal.  This includes support to Tribunal members, registry users and the public. 

The Specific Claims Tribunal Act came into force on October 16, 2008. 

Composition of the Specific Claims Tribunal

The Tribunal is currently comprised of the following three superior court judges appointed on November 27, 2009, with the Chair being named on December 11, 2009:

  • Mr. Justice Harry Slade of the Supreme Court of British Columbia (Chairperson)
  • Mr. Justice Patrick Smith of the Superior Court of Justice of Ontario
  • Madam Justice Johanne Mainville of the Superior Court of Quebec

The Tribunal will ultimately be comprised of 6-18 superior court judges with no more than six full-time-equivalents being appointed at any one time. 

Rules of Practice and Procedure

Rules may be developed under the Act by a committee appointed by the Chairperson. 

The Committee may also establish an advisory committee of interested parties to advise on the development of the rules.

The Tribunal may take into consideration cultural diversity in developing and applying its rules of practice and procedure as contemplated by the Specific Claims Tribunal Act.