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Specific Claims Tribunal

Specific Claims Tribunal Canada:

The Specific Claims Tribunal Act came into force on October 17, 2008. The purpose of this Act is to create an independent tribunal that will help the government address the specific claims of First Nations, and reduce the backlog of claims that have yet to be resolved. Where a claim has been rejected or is not accepted for negotiation by the government within three years, or where a settlement has not been reached within three years of negotiation, the First Nation bringing the claim may opt to file a claim with the Tribunal instead. This Tribunal, unlike the now-defunct Indian Claims Commission, has the power to make binding decisions on the Government of Canada, subject to judicial review.

The Tribunal, however, is limited by the types of claims it can hear. The tribunal has the power to award up to $150 million per claim. Therefore, the tribunal will not hear claims that exceed this amount. Furthermore, there are several explicit exceptions found in the Act with respect to the types of specific claims that the tribunal will hear. For example, claims based on treaty rights relating to activities of an “ongoing and variable nature” will not be heard by the tribunal. This exception excludes claims such as harvesting rights.

 In spite of being introduced into legislation in 2008, the tribunal has been delayed in its operations due to pending review of its rules and procedures by the Department of Justice. Finally, in June 2011, it was announced that the Rules of Practice and Procedure had been officially put into force, and the tribunal is now open for the filing of Specific Claims. Below is an overview of the progress the Tribunal has made.

Rules of Practice and Procedure for the Specific Claims Tribunal:

Filing a Claim with the Specific Claims Tribunal:

The Specific Claims Tribunal started receiving claims in June 2011. Below are documents for filing specific claims, as well as claims that have been filed with the tribunal to date. This site will be updated as frequently as possible but may not always be up-to-date. Please visit the “Current Claims” section of the Specific Claims Tribunal website for a more up-to-date list.

Claims Filed: The following are claims commenced with the tribunal listed according to the date the claim was initially filed.

Current Claims:

2016-2017

2015-2016

2014-2015

2013-2014

2012-2013

 2011-2012

Source:Registry of the Specific Claims Tribunal Canada government website.