You are here Specific Claims Tribunal Forms and Templates CMC Brief Download Word version Tribunal File No. SPECIFIC CLAIMS TRIBUNAL BETWEEN: Name of First Nation(s) Claimant(s) and HIS MAJESTY THE KING 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 (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 (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 (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 (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 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 (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 (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 (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 (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 (c) Procedural Matters related to Applications 3. (d) Cultural Diversity Matters that Should be Considered in Applying these Rules (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 (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 (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 (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 (h) Matters Related to the Testimony of Potential Witnesses 8. (i) The Procedural Timeline (i) The Procedural Timeline 9. Dated this ___________________________________ Counsel signature Counsel name Counsel for the Respondent Address of counsel Email address of counsel Telephone number of counsel Fax number of counsel CLAIMANT(S), RESPONDENT OR JOINT Print
