Tribunal des revendications particulières Canada427 Laurier Avenue, 4th floor/4ième étage
Box/C.P. 31, Ottawa (Ontario), Canada K1R 7Y2
June 6, 2011
Message from the Chair
Rules of Practice and Procedure
I am pleased to advise that the Specific Claims Tribunal Rules of Practice and Procedure are now in force. The Rules are posted on the Tribunal website.
With the completion of the rules, the Registry of the Tribunal is now open for the filing of Specific Claims.
A Specific Claim is initiated by filing a Declaration of Claim in the Registry. This may be done by email to email@example.com.
Rule 41 sets out the required contents of a Declaration of Claim. This Rule is reproduced below:
Declaration of Claim
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.
There is an optional matter for inclusion in the contents of the Declaration of Claim. This is set out in a Practice Direction, dated June 3, 2011, which also appears on the website. The Practice Direction provides:
This practice direction augments Rule 41 of the Specific Claims Tribunal Rules of Practice and Procedure.
Rule 41 sets out the information required for inclusion in the Declaration of Claim. The Rules Committee of the Tribunal wishes to provide claimants with the option to set out, in the Declaration of Claim, (in addition to the matters referred to in Rule 41) subsections (a) to (f), further information describing, briefly, the basis in law on which the Claimant say that the Crown has failed to meet or otherwise breached a legal obligation. Examples would include, but not be limited to, breach of statute, breach of a treaty or other agreement, contract, tort, and fiduciary duty.
The inclusion of the foregoing in the Declaration of Claim would assist the Tribunal to identify the issues that may arise on the claim.
The prescribed form of Declaration of Claim is included as part of this website posting.
The members of the Tribunal, Justice Johanne Mainville, Justice Patrick Smith, and myself are pleased to make this long awaited announcement.
Justice Harry Slade
Chairperson, Specific Claims Tribunal