Walking Together -
Indigenous ADR in Land and Resource Disputes
Abstract
Disputes between Indigenous peoples and the Crown over lands and resources arise from deeper disagreements about the sources of law applicable to those disputes. Constitutionally recognized Aboriginal rights and their common law doctrines—such as the duty to consult—do not reflect the full scope of Indigenous legality and authority. This article explores the value of Alternative Dispute Resolution (ADR) in bridging this divide. It suggests that an appropriate process in this context is one that embraces the legal traditions, values and protocols of the Indigenous party involved. As a flexible and party-driven process outside the boundaries of the common law, Indigenous-led ADR responds to these deeper disagreements and manages conflict through negotiation rather than litigation. In doing so, it advances a broader project of legal and cultural pluralism grounded in respect for difference.
[ full article in PDF ] published February 22, 2021
by Don Couturier, J.D., M.P.A.
