Specific Claims Tribunal (continued)
Functions, Powers and Duties (continued)
Marginal note:Powers of the Tribunal
13 (1) The Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and may
(a) determine any questions of law or fact in relation to any matter within its jurisdiction under this Act;
(b) receive and accept any evidence, including oral history, and other information, whether on oath or by affidavit or otherwise, that it sees fit, whether or not that evidence or information is or would be admissible in a court of law, unless it would be inadmissible in a court by reason of any privilege under the law of evidence;
(c) take into consideration cultural diversity in developing and applying its rules of practice and procedure; and
(d) award costs in accordance with its rules of practice and procedure.
(2) The Tribunal shall deduct from any award of costs in favour of the claimant, any amount provided to the claimant by the Crown for the purpose of bringing the claim before the Tribunal.
Marginal note:Grounds of a specific claim
(a) a failure to fulfil 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;
(b) a breach of a legal obligation of the Crown under the Indian Act or any other legislation — pertaining to Indians or lands reserved for Indians — of Canada or of a colony of Great Britain of which at least some portion now forms part of Canada;
(c) a breach of a legal obligation arising from the Crown’s provision or non-provision of reserve lands, including unilateral undertakings that give rise to a fiduciary obligation at law, or its administration of reserve lands, Indian moneys or other assets of the First Nation;
(d) an illegal lease or disposition by the Crown of reserve lands;
(e) a failure to provide adequate compensation for reserve lands taken or damaged by the Crown or any of its agencies under legal authority; or
(f) fraud by employees or agents of the Crown in connection with the acquisition, leasing or disposition of reserve lands.
Marginal note:Extended meaning of Crown — obligations
(2) For the purpose of applying paragraphs (1)(a) to (c) in respect of any legal obligation that was to be performed in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain and its colonies to the extent that the legal obligation or any liability relating to its breach or non-fulfilment became — or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada.
Marginal note:Extended meaning of Crown — illegal lease or disposition
(3) For the purpose of applying paragraph (1)(d) in respect of an illegal lease or disposition of reserve land located in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain and its colonies to the extent that liability for the illegal lease or disposition became — or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada.
Marginal note:Extended meaning of Crown — other
(4) For the purpose of applying paragraphs (1)(e) and (f) in respect of reserve lands located in an area within Canada’s present boundaries, a reference to the Crown includes the Sovereign of Great Britain and its colonies for the period before that area became part of Canada.
(a) is based on events that occurred within the 15 years immediately preceding the date on which the claim was filed with the Minister;
(b) is based on a land claims agreement entered into after December 31, 1973, or any related agreement or Act of Parliament;
(c) is based on an Act of Parliament or agreement that is mentioned in the schedule, or an Act of Parliament or agreement for the implementation of such an Act or agreement;
(d) concerns 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;
(e) is based on any agreement between the First Nation and the Crown that provides for another mechanism for the resolution of disputes arising from the agreement;
(f) is based on, or alleges, aboriginal rights or title; or
(g) is based on treaty rights related to activities of an ongoing and variable nature, such as harvesting rights.
(2) Nothing in paragraph (1)(g) prevents a claim that is based on a treaty right to lands or to assets to be used for activities, such as ammunition to be used for hunting or plows to be used for cultivation, from being filed.
Marginal note:When other proceedings
(3) A First Nation may not file a claim if
(a) there are proceedings before a court or tribunal other than the Tribunal that relate to the same land or other assets and could result in a decision irreconcilable with that of the claim, or that are based on the same or substantially the same facts;
(b) the First Nation and the Crown are parties to those proceedings; and
(c) the proceedings have not been adjourned.
(4) A First Nation may not file a claim if
Marginal note:Filing a specific claim
(a) the Minister has notified the First Nation in writing of his or her decision not to negotiate the claim, in whole or in part;
(b) three years have elapsed after the day on which the claim was filed with the Minister and the Minister has not notified the First Nation in writing of his or her decision on whether to negotiate the claim;
(c) in the course of negotiating the claim, the Minister consents in writing to the filing of the claim with the Tribunal; or
(d) three years have elapsed after the day on which the Minister has notified the First Nation in writing of the Minister’s decision to negotiate the claim, in whole or in part, and the claim has not been resolved by a final settlement agreement.
Marginal note:Form and content of specific claim
(2) For the purpose of subsection (1), the Minister shall
(a) establish a reasonable minimum standard to be followed in relation to the kind of information required for any claim to be filed with the Minister, as well as a reasonable form and manner for presenting the information;
(b) publish the standard on the Department of Crown-Indigenous Relations and Northern Affairs’ Internet site; and
(c) notify the First Nation in writing of the date on which the claim was filed with the Minister.
Marginal note:Meeting minimum standard
(3) A claim is to be filed with the Minister only if the information in it meets the minimum standard referred to in paragraph (2)(a) and is presented in the form and manner established under that paragraph.
- 2008, c. 22, s. 16
- 2019, c. 29, s. 371
Hearings and Decisions
Marginal note:Application to strike
17 On application by a party to a specific claim, the Tribunal may, at any time, order that the claim be struck out in whole or in part, with or without leave to amend, on the ground that it
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