Alternative Dispute Resolution

American Indian Studies (M.A.)--The University of Arizona, 1999.

Anthropology Thesis (M.A.)--University of New Brunswick, 2007.

Advocates for the use of intercultural dispute-resolution principles to be used in courts in order to facilitate a better relationship between Indigenous and non-Indigenous people.

Concerned residential school survivors speak out against the implementation of the $2 billion residential school agreement, arguing that the churches and state hiding from accountability is both painful and offensive.

Entire issue on one pdf. To access article scroll to p.15.

Analyzes and identifies tangible gaps and deficits in the consultation and accommodation policies in various jurisdictions across Canada.

Outlines recent court victories for the Grand Council of the Cree of Quebec, a reneged promise to the Lubicon Cree regarding logging in Alberta, and a fund-raising effort to offset lawyer fees for the people of Kanesatake.

Intended for use by teachers of students in grades six through nine; topics include: The Law: Past and Present, Conflict Resolution, Human Rights and Criminal Law.

Discusses customary law’s contribution to addressing areas where ordinary criminal or civil laws have failed particularly in reference to mass violence . To access this article, scroll down to page 16.

Focuses on the history of the State/Church relationship in terms of the administration of Canadian schools and the reparations for survivors. Compares the Australian experience. Entire issue on one pdf. To access article scroll to p. 59. Paper presented at "ACSANZ (Association for Canadian Studies in Australia and New Zealand) 08".

Article gives a brief history of the schools, explains why the litigation process has been less than satisfactory, disputes ADR's viability as a non-judicial alternative, and discusses the possibility of using some model of restorative justice for dealing with the issue.

Description for a system employing traditional methods of conflict resolution within Aboriginal communities. For Part 2 see: Justice as Healing, Vol. 5, No. 4, Fall, 2000. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Part two of a description for use of a system of traditional methods of conflict resolution within Aboriginal communities. For Part 1 see: Justice as Healing, Vol. 5, No. 3, Fall, 2000. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Criminology Thesis (M.A.)--Simon Fraser University, 1986.

Representative from a small Order of Catholic Sisters argues for rights and procedural protections for alleged perpetrators.

Argues that acknowledgment of the loss of language and culture is missing from the federal government's Alternative Dispute Resolution (ADR) process for residential school survivors.

Entire issue on one pdf. To access article scroll to p.16.

The article discusses the dispute resolution process regarding comprehensive land claims in Canada and the power imbalance that exists between Aboriginal claimants and Euro-Canadian governments. (Part of an Australian Masters' thesis submitted by the author who is a Senior Case Manager for the Australian National Native Title Tribunal)

Discusses the community-based Touchwood File Hills Qu'Appelle Valley pilot project which was designed to deal with issues surrounding intergovernmental funding for self-government in Saskatchewan.

Anthropology Thesis (M.A.)--University of Victoria, 2007.

Article from 1993 Conference proceedings, discussing the Battlefords area Katapamisuak Society, a project focussed on mediation and diversion from court working to find alternatives, yet remain within the current justice system. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Considers rights, process and differences as examination methodologies and uses identity related arguments in the Lavell and Martinez cases.

Argues that the alternate dispute resolution (ADR) process relies too heavily on tort law without incorporating Aboriginal perspectives, has been arrived at without agreement or census of those affected, and may lead to re-victimization. Based on presentation at Residential Schools Legacy: Is Reconciliation Possible? conference.

Book review of: Double Jeopardy: Motherwork and the Law in Canadian Women’s Studies by Lorna A. Turnbull.

Describes which students do not qualify for the residential school settlement due to funding and/or school classification. Article ends with comments on June Draude's appointment as Minister of Indian and Métis Relations and Northern Affairs.

Article from 1993 Conference proceedings, questions current punitive processing system and compares a justice-as-healing approach grounded in community-driven counsel and education for alcohol, violence, abuse as an alternative. Excerpt from Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice compiled by Richard Gosse, James Youngblood Henderson, Roger Carter.

Discusses how sentencing circles function in relation to abused women, and international law as it pertains to trafficking.

Discussion and history of s. 718.(2) (e) of the Criminal Code which says that particular attention must be paid to the circumstances of Aboriginal offenders.

Discusses emerging legal and ethical principles and the impact on both mega projects and Indigenous peoples.

Discusses the potential for different types of restorative justice activities and programs for young offenders.

Urban and Regional Planning Thesis (M.A.)--Queen's University, 2002.

Discusses alternative justice models. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Discusses the role of Form Fillers in the the Independent Assessment Process (IAP) for Self-Represented Claimants (SRC). Their role was to : fill out the Alternative Dispute Resolution (ADR) forms, getting release forms signed, and knowledge of legal or support services. The report also makes recommendations to improve effectiveness of the service.

Initiative of the Federal government to deal with 12 thousand residential school lawsuits by having an alternative dispute resolution system. Includes synopsis and "Did You Know?" section Duration: 2:19.

2007 University of Alberta Sheldon Chumir Memorial Essay Prize Winner discusses the need for separate Aboriginal justice systems, explores routes to parallel systems, looks at various models to alternate justice and analyzes the current parallel systems.

Contends that the federal government's residential school Alternative Dispute Resolution process is inadequate and problematic to First Nations survivors.

Entire issue on one pdf. To access article scroll to p.8.

Conflict Analysis and Management Thesis (M.A.)--Royal Roads University, 2003.

Final report for the “Aboriginal Human Rights Project” explains how the Tsleil-Waututh Community and Elders came up with ways to address human rights complaints within the community by incorporating legal traditions and customary law.

Peace and Conflict Studies Thesis (M.A.)--University of Manitoba, 2016

Book reviews of: Colonizing Bodies: Aboriginal Health and Healing in British Columbia, 1900-50 by Mary-Ellen Kelm and Akak'stiman: A Blackfoot Framework for Decision Making and Mediation Processes by Reg Crowshoe, Sybille Manneschmidt.

To access material, use the password "showarchive' & enter. You may need to scroll down to find particular materials. Suggests that the genocide of Aboriginals in Canada has never stopped, but continues to exist in altered form. Excerpt from Canada and International Humanitarian Law: Peacekeeping and War Crimes in the Modern Era edited by Richard D. Wiggers and Ann L. Griffiths.

Discusses the process of developing and implementing a justice programme tailored to Stó:lō communities and culture.

Provincial government site (OAA) providing links to contact information for First Nations, reports on-ongoing negotiations, news releases, business plans (officers goals and objectives for 2004/05), Mi'kmaq history (RealPlayer needed) etc.

Gives overview of the events leading to the Settlement Agreement including: history of the system, criminal, civil, and class action cases, the Official Apology, Settlement Agreement and the establishment of The Truth and Reconciliation Commission. As well, discusses lessons that may be learned when considering a resolution with Australia's Aborigine population.

Qualifies traditional Indigenous ideas concerning healing and justice for Aboriginal people.

Discusses dispute over title to lands occupied by the Mohawk and the implications for larger land claim resolution processes across Canada.

General information about the process, as well as information on hiring a lawyer and their responsibilities, what to expect at a hearing, required preparation, etc.

For residential school survivors of abuse who have been admitted in the IAP process.

Guide includes background information on provisions and obligations in modern treaties, policy considerations and analysis on a range of dispute resolution options and an outline of dispute resolution in modern treaties agreements.

Developed to assist residential school survivors who experienced serious abuse determine whether they qualify for a settlement under the Independent Assessment Process.

Examines truth commissions in general and specifically the Truth and Reconciliation and states that compensation will only work if the government is open to alternative context-specific forms of justice.

Canadian Studies Thesis (M.A.)--Carleton University, 1993.