Specific Claims Tribunal Rules of Practice and Procedure (SOR/2011-119)

Marginal note:Directions

33 The Tribunal member may provide directions to the parties regarding the time and manner in which he or she will hear their arguments and receive evidence in relation to the application.

Written Applications

Marginal note:Notice of application

34 An application is made by filing a notice of application that

• (a) sets out the relief sought by the party and the grounds for the application; and

• (b) indicates whether any parties have consented to the relief sought.

Marginal note:Response

35 Within 10 days after the day on which a party is served with a notice of application, the party may file a response that sets out their position regarding the relief sought by the other party.

Marginal note:Service

36 A party who files a notice of application or a response must serve every other party with a copy of that document within 14 days after the day on which it is filed.

Marginal note:Format

37 A notice of application and a response must be no more than 20 pages in length, be legible and be printed

• (a) single-sided on letter size paper; and

• (b) in type that is 12 points or larger.

Ex Parte Applications

Marginal note:Ex parte applications

38 Rules 33 and 36 do not apply to ex parte applications.

PART 5Pleadings

General

Marginal note:No evidence

39 A declaration of claim and a response must not contain any evidence to support the facts set out in that document.

Marginal note:Service

40 A party who files a declaration of claim or a response must serve every other party with a copy of that document within 30 days after the day on which it is filed.

Declaration of Claim

Marginal note: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.

Response

Marginal note:Content

42 Within 30 days after the day on which the Crown is served with the declaration of claim, the Crown must file a response that sets out the following information in consecutively numbered paragraphs:

• (a) a statement indicating whether the Minister decided not to negotiate the specific claim, in whole or in part and, if so, the date of that decision;

• (b) the Crown’s position with respect to the validity of the specific claim;

• (c) if the Crown’s position is that the specific claim is valid, which of paragraphs 20(1)(e) to (h) of the Act may provide the basis for the Tribunal to award compensation;

• (d) for each fact set out in the declaration of claim, a statement indicating whether the Crown admits, denies or has no knowledge of that fact;

• (e) a brief statement of the facts that are related to the specific claim;

• (f) the relief sought by the Crown; and

• (g) an email address for the service of documents.

PART 6Addition of Parties and Intervenors

Marginal note:Notification

43 Notification made by the Tribunal under subsection 22(1) of the Act must be in writing and be served personally or by registered mail.

Marginal note:Late application

44 If a person makes an application for party status, or for leave to intervene, more than 60 days after the day on which they were served with the notice under subsection 22(1) of the Act, the Tribunal must, in deciding whether or not to grant the application, consider whether the person took all reasonable efforts to make the application in a timely manner.

Marginal note:Application for leave to intervene

45 In addition to the information required under Rule 34, the notice of application for an application for leave to intervene must set out

• (a) the name, address and telephone number of the person and their representative, if any;

• (b) a description of the manner in which they propose to participate in the proceedings and how their participation could assist the Tribunal in resolving the issues in relation to the specific claim;

• (c) the name of the party, if any, whose position that person intends to support; and

• (d) the language to be used by that person in the proceedings.

Marginal note:Directions

46 The Tribunal may provide an intervenor with directions regarding their role in the proceedings and the procedures to be followed, if doing so assists the just and timely resolution of the specific claim. However, before providing directions, the Tribunal must provide the parties with an opportunity to make submissions regarding possible directions.

PART 7Case Management

Case Management Conference

Marginal note:Notice

47 When a case management conference is scheduled, the registrar must provide the parties with notice of that conference.

Marginal note:Attendance

• 48 (1) A party’s representative must attend each case management conference in person.

• Marginal note:Exception

  (2) However, a party’s representative may, with leave of the Tribunal, attend a case conference in another manner.

Marginal note:First case management conference

• 49 (1) 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;

  • (b) the Crown’s position with respect to the validity of the specific claim;

  • (c) the degree to which the parties have prepared their cases respecting compensation;

  • (d) whether any of the parties are intending to enter oral history evidence;

  • (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;

  • (f) whether the parties are interested in pursuing a mediated settlement of all or part of the specific claim; and

  • (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.

• Marginal note:All case management conferences

  (2) 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;

  • (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;

  • (c) procedural matters related to applications;

  • (d) cultural diversity matters that should be considered in applying these Rules;

  • (e) matters related to the disclosure of documents and any related issues of privilege or confidentiality;

  • (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;

  • (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;

  • (h) matters related to the testimony of potential witnesses; and

  • (i) the procedural timeline.

Marginal note:Settlement discussions

50 Except with the written consent of all parties, all statements made and all documents disclosed at a case management conference in respect of the settlement of all or part of an issue in relation to the specific claim are made and disclosed without prejudice.

Marginal note:Electronic record

51 Each case management conference must be recorded electronically. However, the content of that record cannot be used in the proceedings unless leave is granted by the Tribunal or the content is incorporated in an order of the Tribunal.

Mediation

Marginal note:Availability

52 Parties may, at any time during the proceedings and on terms that are mutually agreeable to them, enter into mediation of any of the issues in relation to the specific claim.

Marginal note:Mediator

• 53 (1) The mediator must be either a member of the Tribunal or a private mediator that is jointly selected by the parties.

• Marginal note:Limit

  (2) Mediation by a Tribunal member is subject to the availability of the member and the resources of the Tribunal.

• Marginal note:Limit

  (3) If the mediator is a member of the Tribunal, that member cannot preside over the hearing unless the parties consent.

Marginal note:Without prejudice

54 Except with the written consent of the parties, all statements made and all documents disclosed during the mediation are made and disclosed without prejudice. However, documents disclosed during the mediation can be used at the hearing if they are otherwise available to the parties or the Tribunal in accordance with these Rules.

Pre-Hearing Conference

Marginal note:Pre-hearing conference

55 Before the day on which the hearing is scheduled to begin, a pre-hearing conference must be held between the parties’ representatives and the Tribunal member who will preside at the hearing.

Marginal note:Matters to be discussed

• 56 (1) At the pre-hearing conference, the parties must be prepared to discuss any matter that may facilitate the hearing, including

  • (a) whether any directions or pre-hearing orders may be required;

  • (b) the use of electronic technology at the hearing;

  • (c) procedural matters relating to oral history evidence and expert evidence;

  • (d) the daily and weekly schedules of the hearing;

  • (e) the parties’ compliance with orders of the Tribunal;

  • (f) logistical matters related to the holding of the hearing;

  • (g) the identity of witnesses who will be called at the hearing, and whether they have consented to testify or whether subponeas will be required; and

  • (h) whether any of the parties intend to introduce demonstrative evidence at the hearing and whether any parties have consented to its introduction.

• Marginal note:Oral history evidence

  (2) A party that intends to enter oral history evidence must be prepared to discuss the following matters at the pre-hearing conference:

  • (a) the First Nation’s practices with respect to safeguarding the integrity of its oral history;

  • (b) the First Nation’s protocols with respect to who is entitled to be custodian and speaker of its oral history; and

  • (c) the status of any pre-hearing disclosure ordered under Rule 84.

PART 8Disclosure

Application for Disclosure

Marginal note:Application

57 A party may make an application for the disclosure of

• (a) any documents or information, or category of documents or information, that are relevant to the proceedings and that are in the possession, power or control of another party; or

• (b) the identity of any witness that is expected to give evidence on behalf of another party at the hearing.