Alternative Dispute Resolution

Historical background and submission to Indian Claims Commission (ICC) stating the Crown had not fulfilled its obligation under Treaty 1 to set apart land for the Band. An agreement was successfully reached and ratified. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Historical background and submissions to Indian Claims Commission (ICC) concerning the surrender of land by the Band in 1908 and the unsuitable replacement / relocation lands, IR 115B. ICC assisted the parties in reaching a settlement agreement. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Historical background and submission to Indian Claims Commission (ICC) to conduct an inquiry into a claim by Day Star, Fishing Lake, Gordon, Kawacatoose and Muskowekwan First Nations. ICC was unable to resolve matters and cannot disclose details of 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.]

Discusses the ramifications of a dispute between the band and its tenants over rent increases.

Comments on how the government has "fossilized" the claims process, making people fill out complex forms, spending millions on administration costs and spending only 25% of the total so far for victims.

Discusses shortfalls in the handling of processes for dealing with residential school litigation and dispute resolution involving survivors, their families and claims.

Plaintiffs', church, and government representatives as well a judge and academic speak about the process. Session Two from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes. Duration: 1:19:03.

Agreement between Government of Canada, General Synod of the Anglican Church of Canada, Missionary Society of the Anglican Church of Canada and the Anglican Church of Canada Resolution Corporation dealing with Indian Residential School. Initialled as an agreement-in-principle November 20, 2002.

Compilation of quarterly publications updating information on various issues and activities related to abuse inflicted upon former students.

Law Thesis (LLM)--McGill University, 1994.

Conflict Analysis Management Thesis (M.A.)--Royal Roads University, 2001. Conflict about the harvesting of the Pine Mushroom (tricholoma magnivelare) in Nisga'a territory.

[Legal Studies] Thesis (M.A.)--Carleton University, 2000.

Looks at the community of Maskwacis (Hobbema), Alberta where restorative techniques are used for conflict resolution in the school system.

Conflict Analysis and Management Thesis (M.A.)--Royal Roads University, 2001.

Executive Summary

Report commissioned by the Department of Justice. Volume contains annotated bibliographies, including documents, reports and position papers.

Book reviews of: American Indians and National Parks by Robert H. Keller and Michael F. Turek. Ancient West Mexico: Art and Archeology of the Unknown Past edited by Richard F.

Focuses on engagement practices in law that create more understanding and accomodate diversity, rather than supporting the status-quo.

Criminology Thesis (M.A.)--Simon Fraser University, 2005.

Session Three from public conference Assessing the Indian Residential Schools Litigation and Settlement Processes held Friday, January 18, 2013 at the University of Toronto. Role of class council, non-class lawyers and legal fees. Duration: 1:04:17.

Reports on research done using semi-structured face-to-face interviews to examine Indigenous practices around conflict resolution. Findings indicate that Indigenous practices: are more flexible than formal court proceedings, focus on consensus building, and aim to restore harmony rather than on punishment.

File contains an individual presentation by David Nuke focusing on the justice system and how it fails Innu people regarding summary offences. He cites statistics for incarceration of an inmate for one year and feels that amount would be better served providing community programs for Innu youth in Labrador, thus avoiding criminal activity by young people.

File contains an individual presentation by Ken Ward, an Aboriginal man from Enoch First Nations who is living with AIDS. He asks how can Aboriginals have a strong economic base "when these employed people are hurting." He calls for an after care program for Aboriginals leaving the correctional system, which includes elders.

File contains an opening prayer from the sitting of the Royal Commission on Aboriginal Peoples at Fort St. John, B.C. November 20, 1992, followed by a presentation by Sergeant Randy Munroe of the Ft. St. John Royal Canadian Mounted Police detachment. Munroe's presentation gives information on the Aboriginal alternate sentencing and supervision programs being piloted in the community. Following his presentation the assembled Commissioners ask him a variety of questions about these programs.

File contains a presentation by Brad Enge, a 17-year veteran of the RCMP. He believes that "a Canadianized version of the Australian-made Anunga rule would not inhibit the police investigation process, permitting First Nations people access to a legally trained and educated resident prior to the interrogative process. It will add credence to the legitimacy of the Canadian criminal justice system." A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Chief Norm Wesley of the Moose Cree First Nation provides a brief history of the Moose Factory area, mentioning in particular the fur trade and the Hudson's Bay Company. Wesley states that Aboriginal peoples can't go back to their original way of life and calls upon the Elders in the community to keep the traditional ways alive by sharing their knowledge with the youth.

File contains a presentation by Darrell Bretton, First Nations Freedom Network. Bretton discusses his organization which he says is "a unique agency which deals with the transition from incarceration to reintegration of our people into overall society...developing a network of aboriginal groups and professionals to address the widespread societal problem of aboriginal recidivism."

File contains a presentation by Harvey Thunderchild relating to high rates of illiteracy among Aboriginal inmates, and the high proportion of incarcerated Aboriginal people for crimes committed involving drugs and alcohol. He states that Aboriginal inmates are prevented from entering treatment programs due to a shortage of programs. He also expressed concern with Aboriginal young offenders lacking appropriate programs as well. He introduces Alfreda Trudeau.

File contains a presentation by Margaret Ruda, Saskatchewan Native Addictions Council Corporation. Ruda, a Metis woman and "interested individual" in the Battlefords presents on the justice system, and questions whether it actually treats offenders in any substantive way. Following the presentation is a discussion between Ruda and Commissioner Erasmus on justice issues.

The file contains a presentation by Peter Paradis. Paradis, a Staff Counselor at Newberry House (a half-way house), discusses the mandate direction of the Royal Commission, action plan suggestions and implementation, and the relationship between the Royal Commission, the Canadian State, and the political process. Following Paradis' critique, Commissioners Dussault and Sillett respond to some of the points he raises. Following this is a closing prayer to convene the day's sitting of the Commission.

File contains a presentation by Chief Simon Anichinapeo, Councillor/Information Officer Noe Mitchell, and Annie Cheezo of the Lac Simon Band Council. Mitchell discusses some of the issues facing the band including social problems, suicide, and a lack of resource access. Mitchell discusses the need for self-determination for her people, and government-to-government negotiation. Next Anichinapeo gives a demographic breakdown of the reserve, and band in response to questioning by Commissioner Dussault. Anichinapeo, Cheezo and Dussault also discuss justice concerns.

File contains a presentation by Tony Murdoch and Con Graham of the Battlefords Adult Diversion Project. Murdoch delivers a presentation describing the project which exists to reconcile non-dangerous adult offenders with their victims under the direction of a mediator. Murdoch describes the program and its success, as well as the ethnic makeup of the participants (roughly 50% Non-Aboriginal and 50% Aboriginal). Following the presentation Murdoch discusses the program and its particulars with Commissioners Blakeney and Erasmus.

Discusses the formation of the Indian Residential Schools Resolution Canada (IRSR), and it's role surrounding church, government, and budget in settling claims out of court.

Entire issue on one pdf. To access article scroll to p.2.

Law Thesis (M.L.)--The University of British Columbia, 1996.

Argues that sentencing circles have inadequately addressed social injustice and inequality issues; and in some cases have revictimized survivors.

Law Thesis (LL.M.)--University of Saskatchewan, 1998.

The author argues the federal government is not truly offering an alternative dispute resolution option for out of court settlement to residential school survivors; that settlements are determined on a level of harm "point system" tied to compensation, which makes ADR and challenges moot.

Entire issue on one pdf. To access article scroll to p.10.

Article from 1993 Conference proceedings, discussing the disproportionate and increasing rate of incarceration of Indigenous peoples, contributing factors, disparities in sentencing, fines, bail etc., sentencing circles and the need for change. 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 the reparations awarded to Mrs. Valerie Linow for the assaults to her while under the care of the State.

Looks at the need to inform Aboriginal people about the justice system in Northern Saskatchewan.

Chapter in book: The Fictional North: Ten Discussions of Stereotypes and Icons Above the 53rd Parallel edited by Sue Matheson and John Butler. Scroll down to page 7 to read chapter.

Committee came to conclusion that process was both costly and inappropriately applied. Lists reasons for failure, recommendations made by former students and their groups, and eight recommendations from the Committee itself.

Examines the sustainability-centred approach and conflict resolution to an innovative environmental assessment and the consequential negotiations.

Explains the art of negotiating.

Due to a negotiated settlement, the victims of residential schools will soon receive compensation. This article argues that it is now time to look to the future.

Discuss the cultural aspects of the trial and execution of two Inuit men for murder in 1923.

Discusses: typical mechanisms, community-based justice models, and processes derived from Indigenous legal traditions; governance, community and participant considerations for discussion; and guiding questions and building blocks. Includes examples of existing models and how they function.