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) |
(Vacant - 5 year 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) |
(Vacant - 5 year term) | Gwich'in Tribal Council | ||||
| 6. Member (GNWT) |
(Vacant - 5 year term) | Government of the Northwest Territories | ||||
| 7. Member (Canada) |
(Vacant - 5 year term) | Indigenous and Northern Affairs Canada | ||||
| 8. Member (Canada) |
(Vacant - 5 year term) | Indigenous and Northern Affairs Canada |