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HomeMy WebLinkAboutNisk'a Dispute Resolution Process (Jun 18, 2024) Condensed - Open House Tsuut’ina Nation Nisk’a Dispute Resolution Policies and Procedures PP.ND.2403 “Land was to be shared by all and from this flowed the fundamental law to respect all things and everybody around.” – Tom Heavenfire (The True Spirit and Original Intent of Treaty 7, 1996) Nisk’a Dispute Resolution PP.ND.2403 May 23, 2024 © Tsuut’ina Nation Purpose, Scope, and Application 1. The purpose of this document is to provide a Nisk’a Dispute Resolution Process for the Tsuut’ina Nation to resolve disagreements surrounding Nisk’a Assignment. This Policy will apply to Tsuut’ina Nation Citizens and the Tsuut’ina Nation in disputes over Nisk’a Assignment. 2. The process is to be unbiased, orderly, transparent, and accountable to the Tsuut’ina Nation and Tsuut’ina Nation Citizens. 3. The Nisk’a shall include all Non-Designated Nisk’a within Tsuut’ina Nation 145. 4. This process recognizes the ultimate authority of the Head Chief and Minor Chiefs in right of the Tsuut’ina Nation. Nisk’a Dispute Resolution PP.ND.2403 © Tsuut’ina Nation May 23, 2024 Nisk’a Dispute Process 5. In the event there is a Nisk’a Dispute brought forward to the Head Chief, Minor Chiefs, Chief Executive Officer, Lands Administration Executive Director, Lands Department or Public Works : (a) A Dispute Form shall be completed and forwarded to the Land Manager and the Lands Clerk shall, without delay, commence opening a file to initiate the Nisk’a Dispute Resolution Process as a claim. 6. In case of an emergency situation regarding Nisk’a disputes, especially if it is life-threatening (i.e., guns or weapons involved) please contact Tosguna immediately and file a police report. 7. If there is a Nisk’a dispute that the Tsuut'ina Nation Head Chief, Minor Chiefs, Chief Executive Officer, Lands Department or Public Works are aware of, they shall instruct the Lands Clerk to commence opening a file to initiate the Nisk’a Resolution Dispute Process. 8. The file may include, but is not limited to: (a) True documentation (BCR/Leadership made a decision (translation to be provided later), Directive, Will, letter, historical maps, Oath, etc.); (b) A map of the plot area being claimed or contested; (c) Supporting testimony (optional); (d) A proper Briefing Note to summarize claim; (e) General Counsel shall provide a standardized form of legal file for any submission to Head Chief and Minor Chiefs; (f) Any lien, loan, rental/lease agreement (written or verbal), Nisk’a use arrangement, matrimonial settlement or third party interest that is attached to the Nisk’a Assignment in dispute; (g) Police report; (h) Safety threat risk assessment; (i) All relevant materials shall be assembled in order for the file to be complete. 9. Any original documentation shall be filed with the Land Records Management System. 10. Any file lacking all the required information shall not proceed forward. 11. The Claimant shall be notified in case not all information has been provided. 12. Nisk’a disputes when someone passes away (date of passing) should be delayed for one (1) year. 13. For the period of one (1) year when someone passes away, there shall be no new activity on the Nisk’a. 14. Claimant and Respondent shall attend an information session on Nisk’a 101. 15. Any field monies or revenues will be held in trust until the dispute is resolved. Nisk’a Dispute Resolution PP.ND.2403 May 23, 2024 © Tsuut’ina Nation 16. All files created for the Nisk’a Dispute Resolution Process shall be considered confidential and protected measures will be put in place. There shall be no discussion, sharing or communication with any third party whatsoever unless explicitly agreed to by all parties. Both the Claimant and the Respondent shall disclose the dispute in writing to the respective third party interest. 17. Abuse, aggression, and intoxication shall not be tolerated in this process. 18. The Land Manager shall authenticate all information provided and ensure the file is completed for both Claimant and Respondent as per Paragraph 8. 19. The Lands Clerk shall forward a copy of the completed file to all parties who will be given an opportunity to review all components. If there is additional information either party wishes to add, they must provide that information to the Lands Clerk to add and share with the other parties. 20. The Lands Clerk shall update the file before ten (10) days of the Peacemaking Process. 21. The Land Advisory Committee shall review the file diligently, including all duties and processes. The Committee is to ensure all claims: (a) clearly outline the issues; (b) are investigated; (c) include interviewing any claimants, parties, interest groups, noted individuals, and the Tsuut'ina Nation, as needed; (d) identify any errors, gaps, or missing information, and (e) verification of the file shall be through the Lands Administration Executive Director. 22. Should the Land Advisory Committee find a claim that meets the criteria for Nisk’a Dispute Resolution Processing on agreement with both sides , it will be recommended to proceed to Peacemaking and: (a) Notification sent to Tsuut'ina Nation Head Chief and Minor Chiefs; (b) The Lands Department to be updated. 23. For third-party mediation process (at the cost of the Claimant and Respondent) for non- compliance with Peacemaking. Follow third-party options/recommendations to end dispute. Outcome to be ratified by Tsuut'ina Nation Head Chief and Minor Chiefs . 24. The reasons for claims not proceeding may include, but are not limited to: (a) the claim is on designated Nisk’a; (b) the claim has already been decided by way of Band Council Resolution/BCR/Leadership made a decision (translation to be provided later); (c) Head Chief or former Head Chief declare they have not given permission to occupy; (d) in-house documentation nullifies claim; (e) fraud; Nisk’a Dispute Resolution PP.ND.2403 © Tsuut’ina Nation May 23, 2024 (f) intimidation and threats of violence; (g) illegal activity; (h) unexcused or continued non-attendance at agreed upon meetings and/or not complying to this Policy; or (i) non-compliance with the Accountability Code. 25. Claims that do not proceed will result in the file being concluded with full communication from the Land Manager to the Claimant and Respondent. The Land Advisory Committee can indicate the file is closed or shelved for a period of one (1) year. 26. On the one-year (1) anniversary or any time before of a file not being advanced to the Peacemaking Process, the Land Advisory Committee shall reopen all shelved files to advance or close. The Land Advisory Committee can allow this only to go for two (2) years. Nisk’a Dispute Resolution PP.ND.2403 May 23, 2024 © Tsuut’ina Nation Citizen or Nation Claimant or Respondent 27. Once the file is complete and the Land Advisory Committee has verified the file, the Land Advisory Committee shall instruct the Land Manager to provide full disclosure to all Parties. All Parties include; (a) the Claimant; (b) the Respondent; and (c) the Tsuut'ina Nation. 28. If the Claimant is a Citizen whose claim is directed to, or involves another Citizen, the matter can be forwarded to Peacemaking. 29. If the Claimant is the Tsuut'ina Nation, a file shall be created by the Lands Clerk and the Chief Executive Officer (CEO) who will forward all information as per Paragraph 8 and wait for the file to be compiled. The CEO shall represent the Tsuut'ina Nation. The CEO may enter into Peacemaking on behalf of the Tsuut'ina Nation. 30. If the Respondent is the Tsuut'ina Nation, a file shall be created by the Lands Clerk and the Chief Executive Officer (CEO) shall forward all information as per Paragraph 8 and wait for the file to be compiled. The CEO shall represent the Tsuut'ina Nation. The CEO may enter into Peacemaking on behalf of the Tsuut'ina Nation. 31. The Tsuut'ina Nation Head Chief and Minor Chiefs reserve the right to resolve outside of the Peacemaking process within sixty (60) days. Nisk’a Dispute Resolution PP.ND.2403 © Tsuut’ina Nation May 23, 2024 Peacemaking Process 32. All matters shall go through the Peacemaking Process as the initial step. The Office of the Peacemaker will assess all matters to determine if the Peacemaking Process is the appropriate course of action and at that time will determine the corresponding timeline . 33. Reasons why a matter may be unsuitable for the Peacemaking Process; (a) Tsuut'ina Nation Head Chief and Minor Chiefs resolve the dispute before Peacemaking is reached; (b) if at least one (1) Party are not agreeable to mediate; or (c) other Nisk’a use arrangements, investigations and/or actions are active in the dispute: i. the Parties must agree to set aside any action or investigation connected to the dispute, and ii. Nisk’a use programs, projects or arrangements must be halted, paused, or mutually agreed upon in order to continue. 34. If a matter is not accepted to the Peacemaking Process or if the matter is not successful in Peacemaking, the matter will be forwarded to the Land Advisory Committee. The Land Advisory Committee shall then forward the matter to the Tsuut'ina Nation Head Chief and Minor Chief via the Executive Assistant, Chairperson and General Legal Counsel for continuance of the process with their recommendations. 35. If a matter is successful in the Peacemaking Process, the resolutions made will be forwarded to the Land Advisory Committee. The Land Advisory Committee shall then draft the Agreement for Head Chief and Minor Chiefs to sign the Nisk’a Assignment Agreement BCR/Leadership made a decision (translation to be provided later) on the Tsuut'ina Nation’s behalf. 36. The Lands Clerk shall then archive the Agreement and ensure the Tsuut'ina Nation’s Map reflects the new Assignments of Nisk’a according to the Agreement. 37. All Nisk’a Assignments are considered to be Citizen information which are freely available to be viewed by Citizens. 38. All Nisk’a Agreements are to remain protected and archived with the Lands Department. Nisk’a Dispute Resolution PP.ND.2403 May 23, 2024 © Tsuut’ina Nation Head Chief and Minor Chiefs Decision Process 39. Tsuut’ina Head Chief and Minor Chiefs are recognized as the Inherent Authority over all Tsuut’ina Nisk’a. As such, Head Chief and Minor Chiefs will remain impartial in all proceedings throughout this process. Any conflict of interest shall be declared. The Chair must identify any conflict of interest and excuse any member of Tsuut’ina Head Chief and Minor Chiefs that is in conflict. 40. General Counsel shall chair all Tsuut'ina Nation Head Chief and Minor Chiefs meetings under this policy. 41. All files submitted to Tsuut'ina Nation Head Chief and Minor Chiefs under this process are protected. 42. Once a matter is forwarded to the Tsuut'ina Nation Head Chief and Minor Chiefs under this process, the Executive Assistant in collaboration with the Land Manager and the Land Advisory Committee, shall schedule the matter to be heard in the next Head Chief and Minor Chiefs meeting within two (2) months. 43. Tsuut'ina Nation Head Chief and Minor Chiefs shall receive all information provided by all parties. A thorough presentation from any respective party shall be allowed in regards to the Nisk’a dispute. 44. Any Citizen can assist another Citizen upon approval by the Land Advisory Committee. Criteria for this representation to be determined on a case-by-case basis are; (a) must be a Tsuut’ina Citizen; (b) over eighteen (18) years of age; (c) must not be in other disputes; (d) must be of sound mind; (e) shall comply in full with this policy and all Tsuut'ina Nation legislation; and (f) shall sign an Oath of Confidentiality. 45. Once the matter is referred to the Tsuut'ina Nation Head Chief and Minor Chiefs for a decision, Head Chief and Minor Chiefs must decide on a resolution within a reasonable time. This is to be no more than six (6) months upon the day received from the Land Advisory Committee. 46. All disputes to be resolved six (6) months prior to Tsuut'ina Nation Head Chief and Minor Chiefs nominations as outlined in the Electoral Code. 47. Dispute hearings shall be presented with only the information provided within the file and any additional information is not allowed as the opportunity for submissions has passed. 48. Tsuut'ina Nation Head Chief and Minor Chiefs will hold deliberations in a duly convened Head Chief and Minor Chiefs meeting in-camera session. Nisk’a Dispute Resolution PP.ND.2403 © Tsuut’ina Nation May 23, 2024 49. Tsuut'ina Nation Head Chief and Minor Chiefs are required to determine an outcome in the following; (a) a digital map of the final Nisk’a Assignment indicating who holds the disputed Nisk’a including exemptions, (b) the map must identify borders that clearly show an enclosed plot and is assigned a name, (c) address all matters identified in the file, either by a letter, resolution or through management, and (d) Tsuut'ina Nation Head Chief and Minor Chiefs shall order the Lands Clerk to register into the Nation Nisk’a and close and archive the file. Enforcement 50. Restorative justice process re: Peacemaking.