ARCHIVED - Registry of the Specific Claims Tribunal - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Deputy Head’s Message

As Deputy Head and Registrar, I am pleased to present the 2009-10 Departmental Performance Report of the Registry of the Specific Claims Tribunal of Canada.

The Registry of the Specific Claims Tribunal has responsibility for provision of services for the effective administration of the Specific Claims Tribunal. The mandate of the Specific Claims Tribunal is to adjudicate the specific claims of First Nations fairly and efficiently.  On November 27, 2009, an interim Tribunal of three provincial superior court judges was appointed for a period of one year.  This Tribunal will prepare for the conduct of hearings, including development of Tribunal Rules of Practice and Procedure.

The Registry of the Specific Claims Tribunal has a critical role to play in the success of the Tribunal and has been mindful of this in its development of core infrastructure and services during 2009-2010.  The Registry is responsible for the effective, transparent, and accountable use of public resources and for reporting on planning and performance through instruments such as the Main Estimates and Report on Plans and Priorities.  Close attention to financial stewardship resulted in operating expenditures falling well within the Registry's allocation.

Careful attention has been paid to human resources and business planning.  Many key corporate policies have been established and core corporate management positions have been staffed. Renovations have been completed on Registry and Tribunal office space and a Multipurpose Tribunal Room has been built to serve as the electronic hub for Tribunal proceedings.  This room incorporates a number of First Nations’ cultural symbols and is designed to support the culturally sensitive hearings envisioned in the legislation.

The Registry has kept up-to-date on national and international court administration best practices, with a particular focus on advances in electronic administration and case management.  It is working to create an electronic registry and case management system and an electronic court which will serve its clients well and contribute directly to accessibility and ease of use by users, efficiency, cost effectiveness, and transparency.

The Registry has established a Website and information materials to inform Canadians of the mandate and activities of the Specific Claims Tribunal.  The Registry recognizes the importance of good communications and collaboration with stakeholders.  In the months ahead, it will continue to work with key partners to help ensure that processes and procedures established for the Tribunal will be effective in meeting the objective of timely and just resolution of specific claims.  As part of this commitment, the Registry will support the work of the interim Specific Claims Tribunal as it develops Rules of Practice and Procedure to guide Tribunal case management and hearing processes.  We are very much looking forward to the work ahead and to the day when the Tribunal will begin to hear its first cases.

 

Section I – Departmental Overview

Raison d’être and Responsibilities

Strategic Outcome and Program Activity Architecture (PAA)

The sole strategic outcome for the Registry, as approved by Treasury Board, is the efficient administration of the Specific Claims Tribunal.

This outcome provides long-term benefit for Canadians through the efficient and effective resolution of outstanding specific claims. The resolution of First Nations claims contributes to reconciliation and improved relationships between First Nations and the Government of Canada and between First Nations and the broader Canadian public. The efficient operation of the Tribunal will create value for Canadians by saving costs associated with traditional litigation and negotiation.  Monetary compensation to successful claimants will provide First Nations with capital that may then be invested in their communities, contributing to the prosperity of First Nations in Canada.

STRATEGIC OUTCOME:
EFFICIENT ADMINISTRATION OF THE SPECIFIC CLAIMS TRIBUNAL

PROGRAM ACTIVITY	PROGRAM PRIORITIES	DESCRIPTION
REGISTRY SERVICES (Facilitate timely access to the Specific Claims Tribunal through client service, quality of advice, efficient and timely processing, and unbiased service delivery.)	Develop and implement an electronic registry.	Effective case management is critical for quick resolution of claims and for overcoming logistic barriers to national access to the Registry. Electronic registry will support efficient Tribunal operations across Canada.
	Integrated human resource and business plan.	Essential to operating the Registry in a cost-effective, fair, and transparent manner.
	Renovation of Registry offices, including culturally sensitive multipurpose room.	Renovated offices to fit logistical needs of the Registry and Tribunal. Multipurpose room will provide digital hub to administer national activities of the Tribunal and a setting that is respectful of Aboriginal cultures.
	Public awareness strategy and campaign.	The focus of public awareness is the legal community, which represents First Nations in the resolution of treaty disputes, and which provides First Nations communities and the public with transparent electronic access to Registry records.
	Develop and measure customer service standards.	Customer service standards and evaluation provide objective criteria to ensure that the needs of clients and the public are being met.
LINK TO GOVERNMENT OF CANADA OUTCOMES: SOCIAL AFFAIRS — A VIBRANT CANADIAN CULTURE AND HERITAGE

Performance Summary

2009-10 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
2,644.8	2,696.2	1,940.2

The difference between planned spending and actual spending is largely due to a surplus in salary dollars as staffing of the Registry has not been completed.

2009-10 Human Resources (FTEs)

Planned	Actual	Difference
19	7	12

The Registry has successfully staffed key corporate management positions.  Corporate support positions will be staffed early in the next reporting period.  Registry Services positions will be staffed once the Rules of Practice and Procedure are finalized and job descriptions have been completed.

Strategic Outcome : Efficient Administration of the Specific Claims Tribunal

Performance Indicators	Targets	2009-10 Performance
Processing and hearing claims, while meeting the reasonable needs of parties, the judiciary, and the public, within the allocated budget.	Administer Registry within financial allocation. Overall client and public satisfaction with service levels. Resolution of complaints and other issues quickly and effectively.	Registry activities were conducted consistent with the financial allocation. Identified targets cannot be evaluated since no claims have been processed or heard.  Claims will not be filed with the Tribunal until the Specific Claims Tribunal has developed Rules of Practice and Procedure and the case management system is fully operational.

($ thousands)

Program Activity	2008-09 Actual Spending	2009-10				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
REGISTRY SERVICES (Facilitate timely access to the Specific Claims Tribunal through client service, quality of advice, efficient and timely processing, and unbiased service delivery.)	N/A	2,372.8	2,644.8	2,696.2	1,940.2	Social Affairs: A Vibrant Canadian Culture and Heritage
Total	N/A	2,372.8	2,644.8	2,696.2	1,940.2

Contribution of Priorities to Strategic Outcome

STRATEGIC OUTCOME:
Efficient Administration of the Specific Claims Tribunal
PROGRAM ACTIVITY:
Registry Services (Facilitate timely access to the Specific Claims Tribunal through client service, quality of advice, efficient and timely processing, and unbiased service delivery.)
LINK TO GOVERNMENT OF CANADA OUTCOMES:
Social Affairs – A Vibrant Canadian Culture and Heritage

Management Priorities	Type	Status	Links to Strategic Outcome
Develop and implement an Integrated Human Resources and Business Plan, with associated policies.	New	Exceeded Researched best practices and developed an Integrated Human Resource and Business Plan (IHRBP) which clarifies business processes, and outlines a strategy for retention of qualified human resources through implementation of succession plans, professional development, learning and performance plans.  The IHRBP is being implemented.	Implementation of best practices in human resources and business planning supports organizational stability and facilitates effective and efficient delivery of the Specific Claims Tribunal mandate.  Careful attention to recruitment, training, and development activities supports values and ethics of the public service and will mitigate risks associated with skills gaps and turnover in small organizations.
Development of work descriptions, classification of levels and staffing of qualified people.	New	Somewhat Met Contracted with another organization for the development and drafting of job descriptions, employment posters, and staffing support activities to meet operational needs. The Registry has successfully staffed key corporate management positions.  Corporate support positions will be staffed early in the next reporting period.  The Registry Services positions will be staffed once the Rules of Practice and Procedure are finalized and job descriptions have been completed. All staff meet the language requirements of the position, 71% of staff are bilingual. 43% of staff belongs to employment equity groups.	Clear and concise work descriptions that reflect Registry requirements and the hiring of qualified staff to fill positions enables the Registry to deliver services in a reliable, efficient, and effective manner. Management’s respect for the spirit and intent of the Official Languages Act and Treasury Board Employment Equity policies encourages qualified candidates to apply for positions at the Registry.  Persons from Aboriginal and other employment equity groups and persons with appropriate bilingual qualifications are encouraged to apply for positions.

Operational Priorities	Type	Status	Links to Strategic Outcome
Develop and implement an electronic registry.	New	Somewhat Met Different options were researched and evaluated. A proven solution and cost effective case management system was selected. The Registry contracted for the development and implementation of software and hardware to meet its identified operational needs.	The Case Management System which was identified and selected will: Enable clients to file documents electronically through the Registry Website. Allow for the efficient processing of claims across Canada. Reduce resources required for printing, binding, and delivery of documents. Allow Tribunal Members immediate access to Registry operations from their respective chambers across Canada. Facilitate remote administration of Tribunal proceedings. Provide an efficient way to track claims and claim trends, allowing issues to be identified and addressed quickly. Facilitate access to information by both internal and external clients and facilitate timely user access to business processes. This work lays a foundation for completion of the electronic registry and case management system once the Rules of Practice and Procedure have been established.
Complete renovations of Registry offices, including culturally sensitive Multipurpose Tribunal Room.	New	Exceeded Completed renovation of office space and a culturally sensitive Multipurpose Room that meets the business needs of the Registry, the Tribunal Members, and clients. The renovations were completed within the prescribed deadlines and were within budget allocations.	Renovation of offices establishes work areas for staff and Tribunal Members. The culturally sensitive Multipurpose Tribunal Room provides an electronic hub to administer national activities of the Tribunal and is a setting that is respectful of Aboriginal cultures, consistent with the mandate of the Specific Claims Tribunal. This supports efficient and cost-effective conduct of business operations.
Assist the judiciary of the Tribunal in drafting Rules of Practice and Procedure.	New	Met All Conducted research, provided information, analysis, and options to assist Tribunal Members’ work on Rules of Practice and Procedure (for example:  information on the Rules of other Tribunals (national and international models); information on treatment of oral evidence, strategies for the engagement of  interested parties.	The Tribunal’s Rules of Practice and Procedure will guide case management and hearing processes. The Rules of Practice and Procedure will directly affect both efficiency and cultural sensitivity in the conduct of Tribunal activities.
Make the Canadian public at large aware of the Tribunal’s services and results. Promote awareness among the stakeholder groups of the Registry’s operations and procedures.	New	Met All Developed a user-friendly, informative, Website; conducted outreach; created communications materials, participated in Aboriginal Awareness Week, provided guided tours of the facilities and responded to requests for information promptly.  Participated in court technology and court administration conferences; as well as Aboriginal litigation conferences and stakeholder meetings.	A public presence for the Tribunal fosters public awareness and understanding of the history of Crown-First Nations relations in Canada and the need for resolution of historical grievances. Public awareness is tied directly to results for Canadians, supporting reconciliation and strengthened relations between First Nations and the general public.  Information about Tribunal activities supports accountability and transparency. Accurate and complete information helps First Nations and their legal counsel to make informed decisions to participate in the Tribunal and to participate in Tribunal activities effectively.

Risk Analysis

The creation of a new Tribunal with a unique and specialized mandate presents certain challenges and opportunities. In order to minimize the time required for the Tribunal to become fully operational, it was necessary to establish certain core Registry policies, functions, structures, and staff positions and to create offices and a Multipurpose Tribunal Room in advance of creation of Rules of Practice and Procedure by the Tribunal and decisions by the Tribunal which may affect location and conduct of specific claims hearings.  

The 2009-10 Report on Plans and Priorities identified a potential for substantial delays in both the renovation of the office space (including the culturally sensitive Multipurpose Room) and the implementation of an electronic registry.  Through effective planning and the use of tendered contracts with qualified service providers, the renovations were done on time and within budget.  A strategy for the creation of an electronic registry and case management system was developed and contractors identified.  This work will be completed once the Tribunal’s Rules of Practice and Procedure have been established.

Staffing of qualified employees to meet the operational needs of a small organization with special needs and specialized skill requirements has been a major challenge.  This challenge has been met through careful planning and recruitment and through the implementation of orientation, knowledge transfer, and training and development strategies.  The Registry has staffed a number of key positions, and the remainder of the positions will be staffed in the year ahead. Recruitment will continue to take into account the need for qualified employees with the commitment and knowledge required to carry out the highly specialized work of the Registry in a culturally sensitive manner.  Cross training will be a priority to ensure adequate cover-off despite small staff size in the event of unanticipated or challenging circumstances.  The Registry will also continue to rely on service agreements with other organizations, where feasible, to obtain expertise and support in key corporate areas such as human resources.

It is not possible for the Registry to predict with any degree of certainty the number of specific claims it will be asked to address in its first years of operation.  Claims will be brought to the Tribunal on the initiative of First Nations and there are other avenues that they may use for redress.  If operational capacity and availability of Tribunal Members does not match the number of claims received, there could be consequences for timeliness of resolution of claims (in the event of a larger than anticipated caseload) or unnecessary capacity and expenditure of resources (in the event of a smaller than anticipated caseload).  In order to manage this risk as much as possible, the Registry is monitoring the progress of claims in the Specific Claims process (identifying the numbers of claims that might become eligible for submission to the Tribunal as well as those already known to be eligible); it is also taking into account additional information provided by stakeholders.

The 2009-10 Report on Plans and Priorities identified a risk that either the Government of Canada or First Nations participants could come to view the Tribunal as not sufficiently independent of the parties appearing before it.  The Registry has been careful to consistently operate “at arm’s length” from the parties while, at the same time, ensuring transparency and keeping interested parties fully informed about Tribunal activities through its Website, meetings, and other initiatives. 

A final risk identified in the 2009-10 Report on Plans and Priorities was that the Rules of Practice and Procedure may not meet the needs of either the Crown or First Nations, prove inefficient, or not result in quick resolution of claims.  To mitigate this risk, the Registry conducted research to support the Tribunal in its development of the Rules of Practice and Procedure (for example, information on treatment of oral evidence, rules and best practices of other adjudicative bodies).  The Tribunal will be seeking feedback from interested parties as it moves forward in the development of the Tribunal Rules of Practice and Procedure.  Direct input from the parties will be a key factor in mitigating this risk.

In November 2009, an interim Tribunal was appointed for one year and tasked with specific outcomes including development of the Rules of Practice and Procedure and analysis on how best to configure the Tribunal (number and location of Tribunal Members, part-time or full-time status).  As the Tribunal makes decisions respecting processes and requirements, the Registry will need to respond and adapt to these, working within budgetary and other constraints.  In 2009-10, timelines for the completion of staffing were adjusted in recognition that the job descriptions and qualifications for a number of Registry Services positions would need to be aligned with Tribunal decisions respecting process and, therefore, could be finalized only after these decisions have been made.  Decisions respecting case management and the conduct of hearings by Tribunal Members have a direct impact on services required from the Registry and the policies and procedures that need to be put in place to support these.

Having a very minimal staff during the start-up of the Registry made it essential to prioritize work and manage workloads carefully.  In the year ahead, the Registry will need to carefully assess the adequacy of resources available to meet ongoing Tribunal operational requirements, requirements for prudent governance and administration, and staff well-being.

Expenditure Profile

[D]

Voted and Statutory Items
($ thousands)

Vote # or Statutory Item (S)	Truncated Vote or Statutory Wording	2008-09 Actual Spending	2009-10 Main Estimates	2009-10 Actual Spending
55	Program Expenditures	N/A	2,372.8	1,940.2
(s)	Contributions to employee benefit plans	N/A	195.3	62.2
Total		N/A	2,568.1	2,002.4

• Previous Page
• Table of Contents
• Next Page