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Gwich'in Arbitration Panel

Overview

Function

The Gwich’in Arbitration Panel was created to resolve disputes in accordance with the Gwich’in Comprehensive Land Claim Agreement (the Agreement). The Panel has jurisdiction to arbitrate in respect of any matter which the Agreement stipulates to be determined by arbitration, and any matter concerning the interpretation or application of the Agreement where the parties agree to be bound by an arbitration decision.

Jurisdiction

Government of Canada

Department Responsible

Department of Justice

Authority

Gwich'in Comprehensive Land Claim Agreement (Canada)

Board Composition

The Panel consists of eight members, including the Chairperson and Vice-Chairperson.

The GNWT and Canada each appoint two members and the Gwich’in Tribal Council (GTC) appoint four members.

Alternate Members

There are no alternate members.

The Agreement does not provide for the appointment of alternates to the Panel.

Chairperson

The Chairperson is chosen by a majority of the Panel members.

Vice-Chairperson

The Vice-Chairperson is chosen by a majority of the Panel members.

Quorum

Quorum is four members, including one member appointed by each of the GNWT and Canada, and two members appointed by the Gwich’in Tribal Council.

Appointment Instrument

Members are appointed by the appropriate Minister under section 6.2 of the Gwich'in Comprehensive Land Claim Agreement.

Term Duration

A member holds office for a term of five years and may be eligible for reappointment.

Time and Travel Requirements

The Panel attempts to visit the Settlement Area annually for a period of two to three days.

Administrative meetings are conducted throughout the year via teleconference.

The Panel meets more often when arbitration proceedings are initiated.

Remuneration

Members of the Panel shall be paid such fees or other remuneration as the federal Minister may fix:

Chairperson - $550 per day

Member - $400 per day

Other Considerations

The Agreement is silent on the removal of members.

Members of the Panel need not be residents of the Gwich’in Settlement Area.

Current Membership

Position Appointee Term Start Term Expiry Number of Terms Appointed By Nominating Authority
1. Chair
(GTC)
(Vacant - 5 year term) Gwich'in Tribal Council
2. Member
(GTC)
Arlene DeBastien 2017-01-25 2022-01-24 1st term Gwich'in Tribal Council
3. Member
(GNWT)
(Vacant - 5 year term) Government of the Northwest Territories
4. Vice-Chair
(GTC)
(Vacant - 5 year term) Gwich'in Tribal Council
5. Member
(GTC)
Grant Gowans 2017-05-12 2022-05-11 1st term Gwich'in Tribal Council
6. Member
(GNWT)
(Vacant - 5 year term) Government of the Northwest Territories
7. Member
(Canada)
Stephanie Irlbacher-Fox 2017-11-06 2022-11-05 1st term Indigenous and Northern Affairs Canada
8. Member
(Canada)
(Vacant - 5 year term) Indigenous and Northern Affairs Canada

(Board details as of Nov 15, 2019)