Tribunal 101: Understanding Your Role

Serving on the Ochapowace Community Tribunal is an important governance responsibility. Tribunal members are entrusted to make decisions that can affect individuals, leadership, and the Nation as a whole. Every member must understand where the Tribunal's authority comes from, what their responsibilities are, and how to exercise that authority fairly.

What is the Ochapowace Community Tribunal?

The Ochapowace Community Tribunal is a permanent governance body of the Ochapowace Nation. Its role is to support fairness, accountability, good governance, and dispute resolution.

The Tribunal exercises its authority in accordance with the laws of the Ochapowace Nation, including the Ochapowace Election Act (1999) and the Tribunal Terms of Reference.

The Tribunal may hear election appeals, grievances, governance disputes, matters involving standards of conduct, and other matters that fall within its jurisdiction.

Where Does Your Authority Come From?

A Tribunal member does not make decisions based on personal authority. Your authority comes from the laws and governance processes of the Ochapowace Nation.

Before making a decision, always ask:

Do we have the authority to decide this matter?

Understanding jurisdiction is one of the most important responsibilities of a Tribunal member. The Tribunal must exercise the authority it has been given while also respecting the limits of that authority.

Independence

The Tribunal operates independently and at arm's length from Chief and Council.

This means Tribunal members must be able to make decisions without political pressure, personal influence, family influence, or interference from others.

Independence protects the Tribunal, the parties involved, and the integrity of the Nation's governance system.

Your Responsibility as a Tribunal Member

Being a Tribunal member is more than attending meetings and voting.

Members are expected to come prepared, review materials before meetings, participate in deliberations, listen respectfully, remain objective, contribute to timely decisions, and protect the integrity of the Tribunal.

Your responsibility is to make decisions based on the matter before you—not rumours, outside conversations, friendships, family relationships, political pressure, or personal opinions.

Procedural Fairness

Every person who comes before the Tribunal is entitled to a fair process.

Procedural fairness means that people affected by a decision are treated fairly, understand the matter being considered, have a meaningful opportunity to provide their information, and have their matter considered by impartial decision-makers.

A fair process does not guarantee that everyone will agree with the decision. It means the Tribunal can demonstrate that the decision was reached through a fair and respectful process.

Conflict of Interest

Tribunal members must identify any actual, potential, or perceived conflict of interest.

A conflict may arise from a family relationship, friendship, financial interest, political relationship, professional relationship, previous involvement in a matter, or personal bias.

When a possible conflict exists, disclose it before participating. A Tribunal member should never remain involved in a matter where their participation could compromise the fairness or integrity of the process.

Confidentiality

What happens within the Tribunal must be treated with care.

Grievances, appeals, evidence, personal information, internal discussions, deliberations, draft decisions, and Tribunal records are confidential.

Confidentiality continues even after a person's service on the Tribunal ends.

Tribunal business should not become community gossip, be discussed with family or friends, or be shared through social media.

Decision-Making

The Tribunal should strive to reach consensus wherever possible. When consensus cannot be reached, decisions are made by majority vote of the voting members present, provided there is quorum.

Quorum and majority vote are not the same thing.

Quorum determines whether enough voting members are present for the Tribunal to conduct its business. Majority vote determines the outcome when a vote is required.

A Tribunal decision should be based on the applicable law or policy, the information and evidence before the Tribunal, fairness, and the circumstances of the matter.

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.

Know the Difference Between a Grievance and an Appeal

Grievance: A grievance brings a concern regarding conduct before the Community Tribunal. A grievance may be brought against a person running for office during an election period or against a person serving as Chief or Council during their term of office. Grievances may involve alleged breaches of standards of conduct, the Code of Ethics, discipline, or matters that may engage removal from office. The Tribunal determines whether the grievance falls within its jurisdiction and the appropriate process under the Community Tribunal Manual.

Appeal: An appeal is specific to the election process and is governed by section 52 of the Election Act. The grounds for appeal are restricted to (a) election practices that contravene the Election Act, or (b) illegal, fraudulent or criminal activity that may reasonably have affected the outcome of the election. The Tribunal is responsible for interpreting the matter before it and determining whether the circumstances fall within the grounds for appeal established by the Election Act.

Know the Roles at the Table

The Chairperson provides leadership, convenes and presides over meetings, manages Tribunal processes, supports procedural fairness, and oversees official Tribunal business.

The Co-Chairperson supports the Chairperson and assumes the Chairperson's responsibilities when the Chairperson is unavailable.

The Tribunal Clerk supports the procedural and administrative work of the Tribunal, including records, submissions, correspondence, hearings, minutes, and documentation. The Clerk does not participate in Tribunal deliberations or decision-making.

The Tribunal Advisory provides oversight and advisory support in circumstances identified by the Terms of Reference. It does not participate in the Tribunal's routine decision-making.

Understanding these boundaries protects the independence of the Tribunal.

Cree Principles and Values

The Tribunal is not only a decision-making body. Its work is grounded in the governance traditions and teachings of the Ochapowace Nation.

Tribunal members are guided by wisdom, respect, love, bravery, humility, truth, right conduct, and wâhkôtowin (kinship).

These principles remind members that Tribunal authority carries responsibility. Decisions should promote fairness and accountability while recognizing relationships, dignity, balance, and community harmony.

Your Oath Matters

Every Tribunal member takes an Oath of Office before carrying out their duties. The oath is not ceremonial only. It is a commitment to act with integrity, remain impartial, protect confidentiality, resist political and personal influence, respect the laws and governance principles of the Nation, and remember that Tribunal members serve the people of Ochapowace. You should take your oath when the elders select you during an oath ceremony.

Before Every Tribunal Matter, Remember:

Know your authority. Know the issue. Declare conflicts. Protect confidentiality. Listen to the parties. Consider the evidence. Follow a fair process. Deliberate respectfully. Apply the Nation's laws and values. Make the decision you are entrusted to make.