Mission & Values
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Mission & Values 〰️
Mission
To restore harmony through fair decision-making, restorative justice and Ochapowace values, while supporting the Nation’s mission to be a proud, prosperous and unified Nation.
Vision
To build a strong and sustainable Community Tribunal that reflects the stories, values and laws of our people and strengthens our ability to exercise self-determination through our own institutions.
What is a Tribunal?
A tribunal is a decision-making body created by legislation or law. Unlike courts, which have broad authority over many different types of legal disputes, tribunals are established to deal with specific areas of law and governance. The legislation that creates a tribunal also gives it its jurisdiction, powers, responsibilities, and limits.
Tribunals are part of the executive branch of government and are delegated authority to make decisions on particular matters. Depending on their mandate, tribunals may hear complaints, resolve disputes, conduct hearings, interpret laws, and make binding decisions. Tribunal members are often selected because of their knowledge, experience, and expertise in the area over which the tribunal has authority.
Ochapowace Community Tribunal
The Ochapowace Community Tribunal was established through the 1999 Ochapowace Election Act as part of Ochapowace First Nation's exercise of self-determination and self-government. When the Nation developed its own election law, it intentionally created a community-based tribunal to oversee election matters and resolve disputes within Ochapowace's own institutions rather than relying on outside courts or governments.
The Tribunal receives its jurisdiction and authority directly from the Ochapowace Election Act. Its responsibilities include hearing election grievances and appeals, overseeing matters involving elected officials, and carrying out other duties assigned under the Act and the Election Manual. The Tribunal's role is not to create new laws or new rights, but to interpret, apply, and uphold the laws that have already been established by the people of Ochapowace.
One of the unique strengths of the Ochapowace Community Tribunal is that its members are selected from the community itself, including respected kêhtêyak, adults, and youth. Tribunal members bring valuable knowledge and experience that may include Ochapowace history, oral traditions, community teachings, governance practices, local customs, and an understanding of community relationships and dynamics. This knowledge places them in the best position to make informed decisions on matters affecting Ochapowace citizens.
Today, the Ochapowace Community Tribunal remains an important institution of the Nation. It helps ensure that elections are conducted fairly, disputes are addressed through a transparent process, and the principles of self-determination, accountability, and community governance continue to be upheld for future generations.
Jurisdiction
The Ochapowace Community Tribunal is an independent decision-making body established under the 1999 Ochapowace Election Act. The Tribunal receives its authority and jurisdiction directly from the Election Act and is responsible for making decisions on matters assigned to it by law.
The Tribunal's primary responsibilities are to hear and decide election appeals, oversee grievances involving elected officials, and address matters relating to discipline or removal from office as outlined in the Community Tribunal Manual. Its role is to interpret, apply, and uphold the laws of Ochapowace fairly and impartially.
The Election Act also grants the Tribunal the authority to establish its own rules of evidence and procedures. This allows the Tribunal to create fair and practical processes for hearings, appeals, and grievances while remaining within the authority provided by the Election Act.
The Tribunal does not create new rights or laws. Rather, it serves as an institution of Ochapowace self-government by ensuring that election-related disputes and grievances are addressed through Ochapowace's own laws, processes, and decision-makers.
You can access forms to submit grievances or appeals. Grievances must go to the tribunal chair
Roles & Responsibilities
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Roles & Responsibilities 〰️
The Ochapowace Community Tribunal is a decision-making body established under Ochapowace law. Its authority is grounded in the 1999 Ochapowace Election Act and supported by the Community Tribunal Manual and Terms of Reference.
The Tribunal is responsible for carrying out the authority delegated to it by the Nation. Under the Election Act, the Community Tribunal is mandated to manage and make decisions on:
Election Appeals — hearing and deciding appeals in accordance with the Election Act.
Standards of Conduct — developing and monitoring Standards of Conduct during the election campaign period.
Grievances, Discipline and Removal from Office — managing and deciding these matters in accordance with the Community Tribunal Manual.
The Tribunal's role is not to create new laws. Our responsibility is to interpret and apply Ochapowace law within our mandate and to develop and maintain the policies and procedures necessary to carry out that responsibility. The Community Tribunal Manual provides the procedures for how Tribunal matters are managed in practice.
Independent Decision-Making
The Tribunal operates independently and at arm's length when carrying out its decision-making responsibilities. The Terms of Reference recognize the importance of decisions being made without political or other interference that could compromise impartiality or integrity.
Tribunals are not courts and do not operate under all of the same formal procedures as a court. However, the Community Tribunal has a responsibility to follow Ochapowace law, its established procedures and the principles of procedural fairness.
Tribunal members are responsible for reviewing information and evidence, attending proceedings, participating in deliberations, maintaining confidentiality, disclosing conflicts of interest, and making decisions based on the applicable law, evidence and principles of fairness.
Restoring Harmony
Our vision goes beyond resolving individual disputes. The Tribunal seeks, where appropriate, to support the restoration of balance, relationships and harmony within the community.
Our work is guided by Ochapowace values and teachings, including wâhkôtowin (kinship), tâpwewin (truth), kwayask-itâtisiwin (right conduct), humility, bravery and love. The Terms of Reference connect these teachings to ethical governance, dispute resolution and community harmony.
Through continued training, the Tribunal is building its capacity in restorative justice, mediation, trauma-informed practice, procedural fairness and decision-making so these principles can be meaningfully applied in our work.
Working With Our kêhtêyak
The Tribunal works with the kêhtêyak and Tribunal Advisory for guidance on policy development, governance and the continued development of the Community Tribunal. The Tribunal Advisory provides guidance and advice but does not make Tribunal decisions. Formal decisions on grievances, appeals and other matters remain solely with duly appointed Tribunal members.
Our Responsibility
Our responsibility is to ensure that the Community Tribunal is more than an institution that exists on paper. We are responsible for maintaining its procedures, strengthening its decision-making practices, keeping proper records, reviewing and updating the Community Tribunal Manual, and ensuring future Tribunal members have the tools and training necessary to carry the work forward. Our goal is to breathe life into an institution created through our own laws — supporting fair decision-making for our people, by our people, while promoting accountability, healing and harmony within Ochapowace Nation.
Understanding Law & Policy
The Community Tribunal works within Ochapowace law. It is important to understand the difference between the law that gives the Tribunal its authority and the policies and procedures that guide how the Tribunal does its work.
What is Law?
The 1999 Ochapowace Election Act is a law of the Nation. It establishes the Community Tribunal and gives it a mandate to manage and make decisions involving election appeals, standards of conduct during the campaign period, grievances, discipline and removal from office.
The Tribunal's responsibility is to interpret, apply and uphold the Election Act within its jurisdiction. The Tribunal cannot change the Election Act through a motion or policy. Changes to the law must follow the amendment process established by Ochapowace law and involve the people.
What is Policy?
Policies and procedures explain how the Tribunal carries out the responsibilities given to it by law.
These include the Community Tribunal Manual, Terms of Reference, Standards of Conduct, forms, hearing procedures, grievance procedures, conflict-of-interest processes and other procedural documents.
The Election Act gives the Tribunal responsibility for its procedures in several areas. This means the Tribunal can review and update procedures when needed, but those changes must always remain consistent with the Election Act and other Ochapowace laws.
For example, the Tribunal can modernize how a grievance is received, reviewed and brought to a hearing. However, it cannot use a policy to change a requirement that is specifically established in the Election Act.
Why Does This Matter?
Having clear policies helps the Tribunal apply the law fairly and consistently. It also helps citizens understand what to expect when they bring a matter before the Tribunal and helps Tribunal members understand the procedures they must follow.
As the Tribunal continues to grow, we are reviewing and updating our policies and procedures so they remain practical, fair and responsive to the needs of our Nation.
Simply put: the law gives us our authority and responsibilities. Our policies and procedures explain how we put that law into practice.
Understand the Tribunal Process
A Tribunal member should understand the basic path of a matter:
Submission → Preliminary Review → Disclosure → Hearing, where required → Deliberation → Decision → Implementation
The Tribunal must first determine whether a matter falls within its jurisdiction. Where a matter proceeds, relevant information is disclosed, the parties are provided a fair opportunity to participate, and the Tribunal makes its decision based on the information properly before it.