Sunday, 1 September 2013

Specific Claims Tribunal is Thoroughly Up and Running

After a number of years getting its feet and putting the first few cases through, the specific claims tribunal is truly up and running.  There have been a number of procedural decisions as well as decisions beginning to flesh out its approach costs.  On the substantive side we are also beginning to see significant decisions.  Indeed, the scuttlebutt is that the Federal Government intends to seek judicial review of the Tribunal's decision in Kitselas v. Canada -- a decision which took a very generous view of the Joint Indian Reserve Commissions's obligations in setting up the reserves where there was land clearly occupied by the relevant. band.

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