Practice Direction No. 1

Declaration of Claim—Additional Information Requested

Amendment Notice:
Effective January 14, 2025, Practice Direction No. 1 issued on June 3, 2011, is revoked and replaced by Practice Direction No. 1 below.

 

  1. This Practice Direction augments Rule 41 of the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-119. Rule 41 sets out the information required in a Declaration of Claim. It reads:

    Content
    41 A specific claim begins when a First Nation files a declaration of claim that sets out the following information in consecutively numbered paragraphs:

    • (a) the identity of the First Nation and identification of which paragraph of the definition First Nation, in section 2 of the Act, applies to that First Nation;
    • (b) the name, address and telephone number of the First Nation’s representative, and his or her email address for the service of documents;
    • (c) the conditions precedent to filing a claim with the Tribunal, set out in subsection 16(1) of the Act, that have been fulfilled;
    • (d) the paragraphs in subsection 14(1) of the Act that provide the grounds for the specific claim;
    • (e) a brief statement of the facts that form the basis for the specific claim; and
    • (f) a statement that, for the purpose of the specific claim, the claimant does not seek compensation in excess of $150 million. [emphasis in original]
  2. In addition to the information required by Rule 41, the Tribunal requests that claimants include a brief description of the basis in law on which they say that the respondent has either failed to meet or breached a legal obligation. Examples include, but are not limited to, breaches of statute, treaty or other agreements, contract, tort and fiduciary duty.
  3. The Tribunal also requests claimants to specify, to the best of their knowledge, the type(s) of compensation they intend to claim under subsection 20(1) of the Specific Claims Tribunal Act, SC 2008, c 22.
  4. Including the additional information noted above in the Declaration of Claim will greatly assist the Tribunal in identifying the issues that arise in the claim.
  5. A "Declaration of Claim" template is available on the Tribunal's website to help ensure compliance with Rule 41 and this Practice Direction.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal