Practice Direction No. 12

Early Case Planning Case Management Conference

Notice of Amendment: 
Effective January 14, 2025, Practice Direction No. 12 issued on October 12, 2018, is revoked and replaced by Practice Direction No. 12 found below.

 

  1. Rule 49 of the Specific Claims Tribunal Rules of Practice and Procedure, SOR/2011-119, sets out requirements for the first Case Management Conference (CMC) and for all subsequent CMCs for claims currently before the Tribunal. This Practice Direction is in addition to those requirements.
  2. The Tribunal has all of the powers, rights and privileges that are vested in a superior court of record based on subsection 13(1) of the Specific Claims Tribunal Act, SC 2008, c 22. Additionally, the Tribunal has a mandate to resolve matters in a just, expeditious and cost-effective manner. Therefore, this Practice Direction sets out a framework for an Early Case Planning CMC, which will be held on a date set by the Tribunal after both parties have filed their pleadings.
  3. To encourage communication between the parties, the claimant(s) and respondent must file a joint brief for the first CMC.
  4. At the first CMC, the parties will, in addition to the requirements of Rule 49, be prepared to plan for an Early Case Planning CMC at which the matters set out in this Practice Direction will be canvassed in detail.
  5. The Early Case Planning CMC can be held virtually, by teleconference or in person and may, if requested by the claimant(s) and with leave of the Tribunal, be held in the First Nation’s community or a place accessible to the community.
  6. If the Early Case Planning CMC is to be held in person, it will preferably be scheduled together with the hearing of community evidence (witnesses to events and oral history) and site visit to optimize travel and time for the Tribunal and the parties.
  7. Unless otherwise directed by the Tribunal, the parties must file a joint brief 10 business days prior to the Early Case Planning CMC. The joint brief should include the following:
    1. A copy of the Statement of Claim as submitted to the Minister and any supplementary material provided to the Minister setting out the facts and grounds for the claim.
    2. An explanation of the basis on which the claim was not accepted for negotiation or was accepted in part.
    3. From the claimant(s), a list and copies of all historical documents relied upon in the preparation of the Statement of Claim.
    4. From the respondent, a list and copies of all historical documents obtained during the review and assessment of the claim as presented for ministerial approval.
    5. From each party, a list of expert reports, if any, shared during the assessment by the Specific Claims Branch, including a description of the subject matter.
    6. Each party may include additional information that it considers necessary to inform the Tribunal of any changes occurring after the review of the claim by the Specific Claims Branch, where such changes affect the factual and legal basis of the claim, or relate to the grounds for rejection of partial rejection.
    7. If the claim was accepted for negotiation, the parties may provide a summary of their joint or separate perspectives on the reason for the failure of negotiations to resolve the claim.
    8. A description of matters in issue currently known for which expert evidence is or may be needed, including information on the present state of retention of experts and anticipated time required to prepare expert reports.
    9. A description of issues currently known that might benefit from the retention of an expert by the parties or the Tribunal.
    10. Whether a hearing of community evidence (witnesses to events and oral history) is anticipated.
    11. A preliminary assessment of the tasks and work plan for hearing preparations, including estimates of the time required for documentary disclosure, expert report preparation and scheduling the hearing of community evidence (witnesses to events and oral history).
    12. Whether the parties wish to bifurcate the claim into validity and compensation phases.
  8. Materials presented by the parties at this or any other CMC shall not be considered “public” within the meaning of the term in subsection 38(1) of the Specific Claims Tribunal Act, SC 2008, c 22, and will, for greater certainty, be deemed confidential as if they were received on application pursuant to subsection 38(2) of the Specific Claims Tribunal Act, SC 2008, c 22.
  9. At the Early Case Planning CMC, the Tribunal may, after hearing counsel for the parties on the topics listed above, make directions or orders, including, but not limited to:
    1. Setting a timetable for the steps to be taken.
    2. Bifurcating the claim into validity and compensation phases.
    3. Regarding expert evidence: 
      • directing that evidence on any issue(s) be given by one jointly-instructed expert;
      • determining the number of experts each party may call; and
      • requiring that the parties’ respective experts confer before the parties file their respective reports with the Tribunal in order to attempt to minimize areas of disagreement.
    4. Addressing any other matter that the Tribunal considers would contribute to the just, expeditious and cost-effective resolution of the claim.

Honourable Victoria Chiappetta, Chairperson
Specific Claims Tribunal