Alternative Dispute Resolution

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Memory, Apology and Reconciliation

Documents & Presentations
Author/Creator
Michael A. Murphy
Argues that while the role of official apologies is controversial, it nevertheless plays a part in the broader reconciliation process. Uses Canadian and the Australian experience as case studies.
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Métis Action, Canadian Law and Historical Research: Preliminary Thoughts about Strategies for Current Efforts

Articles » Scholarly, peer reviewed
Author/Creator
Signa A. Daum Shanks
Aboriginal Policy Studies, vol. 6, no. 2, 2017, pp. 132-141
Argues the volume of research needs to increase; recognition of importance of distinction between "historic" and "historical" is needed by legal practitioners; lawyers need to be more candid with clients about probability of a litigation's success; and clearer communication needs to take place about understandings of what an "economic" role is.
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Native Claims and Place Names in Canada's Western Arctic

Articles » Scholarly, peer reviewed
Author/Creator
William C. Wonders
The Canadian Journal of Native Studies, vol. 7, no. 1, 1987, pp. 111-120
Contends that toponomy (study of place names) proved useful in settling disputes among Indigenous peoples about areas of overlapping land use prior to the settling of comprehensive land claims by the federal government.
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Native Youth and Alternative Justice in Lethbridge

Articles » General
Author/Creator
Russel Barsh
Justice as Healing, vol. 1, no. 3, Fall, 1996, p. [?]
Describes project that evaluated all programs and agencies involved with Aboriginal youth offenders. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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The Navajo Response to Crime

Articles » General
Author/Creator
Robert Yazzie
Justice as Healing, vol. 3, no. 2, Summer, 1998, p. [?]
Speech entitled Sentencing: The Judicial Response to Crime at the American Judicature Society, presented by Chief Justice Yazzie to the 1997 National Symposium, San Diego, California. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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New Ethos - New Solutions: Indigenous Negotiation of Co-operative Environmental Management Agreements in Washington State

Articles » Scholarly, peer reviewed
Author/Creator
Helen Ross
Australian Indigenous Law Reporter, vol. 4, no. 2, 1999, p. 16
Discusses how Indigenous people in Washington State have established a new ethos in environmental management of collaborating with industry, government and environmental groups to solve their concerns.
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Novel Approach to Land Claim Overlap Proposed

Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 25, no. 1, April 2007, p. 9

Professor Val Napoleon, of the University of Alberta, advocates the blending of Indigenous and Western knowledge to settle Canada's outstanding land claims with Aboriginal peoples.

Entire issue on one pdf. To access article scroll to p.9.

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Ottawa Moves to Resolve Crisis

Articles » General
Author/Creator
Solange De Santis
Anglican Journal, vol. 126, no. 10, December 2000, p. 1
Prime Minister directs Herb Gray to look for solutions, but numerous unresolved issues remain between federal government and churches in residential schools dispute.
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Peacemaking and the Tsuu T'ina Court

Articles » General
Author/Creator
L. S. Tony Mandamin
Justice as Healing, vol. 8, no. 1, Spring, 2003, p. [?]
Describes how restorative justice is used to deal with conflict to the benefit of the victim, offender and the community as a whole. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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Popular Justice and Aboriginal Communities: Some Preliminary Considerations

Articles » Scholarly, peer reviewed
Author/Creator
Robert C. Depew
Journal of Legal Pluralism and Unofficial Law, no. 36, Popular Justice: Conflict Resolution within Communities, 1996, pp. 21-67
Discusses the concept of popular justice, describes some of its organizational characteristics, and raises points for further investigation within the current context of Aboriginal communities.
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Progressive Reforms or Maintaining the Status Quo? An Empirical Evaluation of the Judicial Consideration of Aboriginal Status in Sentencing Decisions

Articles » Scholarly, peer reviewed
Author/Creator
Andrew Welsh
James R. P. Ogloff
Canadian Journal of Criminology & Criminal Justice, vol. 50, no. 4, July 2008, pp. 491-517
Discusses a study conducted to examine the judicial consideration of section 718.2(e) of the Criminal Code and the complexity of the over-representation problem.
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Reconciling Differences: The Triumphs are Spectacular, But Few

Articles » General
Author/Creator
Drew Hayden Taylor
Windspeaker, vol. 28, no. 6, September 2010, p. 12

Comments on the twentieth anniversary of the Oka Crisis and the healing and reconciliation done by the sister of slain police officer Corporal Marcel Lemay.

Entire issue on one pdf. To access article scroll to p.12.

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Reflections on Thinking Concretely About Criminal Justice Reform

Alternate Title
Continuing Poundmaker & Riel's Quest: Presentations Made at a Conference on Aboriginal Peoples and Justice
E-Books » Chapters
Author/Creator
Mary Ellen Turpel
Article from 1993 Conference proceedings argues that working together without preconceived notions about outcomes is needed to bring about reform. 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.
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Report on the Mediation of the Blood Tribe / Kainaiwa Akers Surrender Negotiations

E-Books
Author/Creator
Indian Claims Commission
Historical background and submissions to Indian Claims Commission (ICC) regarding settlement of unlawful taking by Canada of 440 acres of mineral-rich land without consent or compensation. The parties settled, the agreement was ratified; Canada paid out compensation. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Report on the Mediation of the Fishing Lake First Nation 1907 Surrender Claim

E-Books
Author/Creator
Indian Claims Commission
Summarizes events leading to the Settlement Agreement and illustrates role of Indian Claims Commission (ICC) as facilitator in the resolution process. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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Report on the Mediation of the Keeseekoowenin First Nation 1906 Land Claim Negotiation

E-Books
Author/Creator
Indian Claims Commission
Indian Claims Commission Proceedings
Claim involving the illegal expropriation of reserve land had been accepted for negotiation under the Specific Claims Policy. This report summarizes the mediation process involved in reaching a settlement after Indian Claims Commission (ICC) was asked to assist in negotiations. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
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