The search for appropriate dispute resolution mechanisms to resolve aboriginal land claims : empowerment and recognition ...

• Main Author: Montminy, Joëlle
• Format: Text
• Language: English
• Published: University of British Columbia 2010
• Subjects: First Nations
• Online Access: https://dx.doi.org/10.14288/1.0077726; https://doi.library.ubc.ca/10.14288/1.0077726

Different dispute resolution mechanisms, including treaties, litigation, negotiation and, to a lesser extent, mediation and arbitration, have been employed to resolve land disputes in Canada over the centuries. Since 1973, the federal government has unilaterally developed and reviewed land claims policies which favour negotiation to resolve land claims between governments and First Nations, Further, two regional institutions were created in Ontario and British Columbia to facilitate the resolution of these complex claims. Various processes have also been used to resolve similar claims in New Zealand and Australia. The problems associated with the present land claims processes in Canada have been discussed for more than twenty years. The purpose of this thesis is to analyze the appropriateness of the various dispute resolution processes which are, or could be, employed to resolve the land question in Canada. The search for dispute resolution mechanisms suitable to resolve land claims is undertaken in light of ...