CMC Brief

SPECIFIC CLAIMS TRIBUNAL

BETWEEN:

Claimant(s)

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA
As represented by the Minister of Crown-Indigenous Relations

Respondent


CASE MANAGEMENT CONFERENCE BRIEF
Pursuant to Practice Direction No. 10, and Rule 49 of the
Specific Claims Tribunal Rules of Practice and Procedure


This Case Management Conference Brief is filed under the provisions of the Specific Claims Tribunal Act, SC 2008, c 22, and the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-19

I. Subrule 49(1) of the Rules—The Following Matters Must be Discussed at the First Case Management Conference:

(a) The Condition Precedent set out in Subsection 16(1) of the Act that Gave Rise to the Filing of the Specific Claim

1.

(b) The Crown’s Position with Respect to the Validity of the Specific Claim

2.

(c) The Degree to which the Parties have Prepared their Cases Respecting Compensation

3.

(d) Whether Any of the Parties are Intending to Enter Oral History Evidence

4.

(e) Whether the Interests of a Province, First Nation or person might be Significantly Affected by a Decision of the Tribunal Described in Subsection 22(1) of the Act

5.

(f) Whether the Parties are Interested in Pursuing a Mediated Settlement of all or Part of the Specific Claim

6.

(g) How Best to Conduct the Proceedings so that they Remain Proportionate to the Amount in Dispute and the Importance and Complexity of the Issues Involved

7.

II. Subrule 49(2) of the Rules—At Every Case Management Conference, the Parties must be Prepared to Discuss any Matter that May Assist in the Just, Timely and Cost-Effective Determination of an Issue in Relation to the Specific Claim, Including:

(a) Protocols for the Entering of Oral History Evidence and Expert Evidence

1.

(b) The Nature of the Evidence that the Parties Intend to Enter and Whether any of that Evidence will be Oral History Evidence, Expert Evidence or Evidence that was not Disclosed while the Claim was Filed with the Minister

2.

(c) Procedural Matters related to Applications

3.

(d) Cultural Diversity Matters that Should be Considered in Applying these Rules

4.

(e) Matters Related to the Disclosure of Documents and any Related Issues of Privilege or Confidentiality

5.

(f) Identification of Issues in Relation to the Specific Claim that Have Been Resolved between the Parties and Those that Remain to be Decided by the Tribunal

6.

(g) Identification and Status of Other Claims that are Based on Similar Facts or that Involve the Same Lands or Assets as the Specific Claim

7.

(h) Matters Related to the Testimony of Potential Witnesses

8.

(i) The Procedural Timeline

9.

 

 

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Counsel signature

Counsel for the Respondent