Agenda - September 25th, 2013


Welcome, Introduction and Specific Claims Tribunal Update


David C. Knoll, Knoll & Co. Law Corporation

  • Update on the operation of the Specific Claims Tribunal
  • Administrative issues encountered by the Specific Claims Tribunal
  • What to consider before proceeding to the Specific Claims Tribunal


Case Study: Kitselas First Nation v. HMTQ – Claimant’s Perspective


Stan H. Ashcroft, Ashcroft & Company

  • Review of the Kitselas decision and appeal
  • Practical considerations in proceeding
  • Specific Claims Tribunal process issues and concerns
  • Procedural steps in the process
  • Evidentiary and procedural issues encountered
  • Lessons learned


Questions and Discussion


Refreshment Adjournment


Specific Claim Submissions: Research, Drafting and Submission


Allan Donovan, Donovan & Company
Tara J. Smock, Joan Holmes & Associates Inc.

  • Best research practices and practical research tips
  • Common research problems and current challenges
  • Satisfying the threshold of the Minimum Standard For Filing a Specific Claim Submission with the Minister of Aboriginal Affairs and Northern Development Canada
  • The statutory requirements
  • Common law considerations
  • Best practices in drafting specific claim submissions and reports
  • Common problems in drafting and filing specific claim submissions


Questions and Discussion


Specific Claims: Process and Tribunal Issues


David C. Knoll, Knoll & Co. Law Corporation

  • Declarations of Claim: Rules, Practice Directions and best practices
  • Common procedural issues before the Specific Claims Tribunal
  • Ambiguities in legislation and procedure: What issues have arisen at the Specific Claims Tribunal? What interpretations are being advanced?
  • Evidentiary issues: What evidence can be disclosed to the Specific Claims Tribunal regarding issues that have arisen in negotiations?
  • Common concerns about the claims process: application of minimum standards, negotiations, basis for acceptance or rejection and other process issues
  • Good faith negotiation?
  • Scope of Specific Claims Tribunal jurisdiction over claims process issues


Questions and Discussion


Luncheon Adjournment


Justice at Last: Specific Claims Action Plan – Five Year Review


Dr. Bruce Stadfeld McIvor, First Peoples Law

  • Overview of Justice at Last: Specific Claims Action Plan
  • How we got here
  • The current state of affairs
  • Where do we go from here?


Questions and Discussion


Refreshment Adjournment


Tribunal Awards and Additions to Reserve (ATR) Process


Jayme Benson, Federation of Saskatchewan Indian Nations

  • Overview of revisions to the ATR policy
  • Anticipated improvements to the ATR process resulting from policy revisions
  • Limit of Specific Claims Tribunal compensatory awards
  • Impact of the ATR process on Specific Claims Tribunal awards


Questions and Discussion


National Perspective on Claims Resolution


Tonio Sadik, Assembly of First Nations
Jody Woods, Union of BC Indian Chiefs

  • Current status of claims resolution in Canada
  • Canada’s policy on specific claims over $150 million
  • Federal engagement


Questions and Discussion


Chair’s Closing Remarks


Forum Concludes for Day One

Agenda - September 26th, 2013


Welcome and Introduction to Day Two


David C. Knoll, Knoll & Co. Law Corporation



Preparing to Appear and Appearing Before the Specific Claims Tribunal: Practical Tips and Insight


Stan H. Ashcroft, Ashcroft & Company
Allan Donovan, Donovan & Company
David C. Knoll, Knoll & Co. Law Corporation


Chair’s Closing Remarks


Forum Concludes