Tribunal Services
An independent Tribunal offers a fair, efficient and accessible way to resolve election disputes without the lengthy formal court system. Tribunals use subject-matter experts, follow stream-lined processes, and provide clear decisions, making them ideal for resolving issues quickly with transparency.
If your community is facing an appeal to your election, Our election appeal tribunal has expert knowledge and experience in all steps of Indigenous elections; From community level to the AFN, we provide an experienced team to provide effective dispute resolution to your community.
Indigenous Election Appeals
navigating an election appeal can be complex and frustrating
Building Consensus is here to guide you through the process
1
Recieving an Appeal
Whether you are receiving an Appeal to your election, or filing an appeal, the process is an exercise of self-government. By choosing a Tribunal resolution service, you are strengthening transparent, fair and community-driven decision making. This process is much quicker than court and cost efficient.
2
Administer the Appeal
We assist governing authorities in administering appeals by defining the issues, setting clear timelines, and coordinating a streamlined process. We strive to promote access to justice by ensuring every community across Canada has access to this process.
3
Community Hearings
Community hearings in a tribunal setting are conducted under a clear mandate with fair procedures, With our adjudicative and legal experience we manage conflicts of interest, provide notice, ensure procedural fairness and maintain an orderly record. Hearings may be in person or virtually.
" a significant benefit of an independent body empowered to hear appeals, both under the Indian Act and custom election systems would be the substantial reduction in time it takes to investigate and render decisions"
Grand Chief Ron Evans, Assembly Manitoba Chiefs 2009
Resources
BUILDING CONSENSUS is committed to providing you with the knowledge to understand community election procedures and ways to resolve community disputes. The following is a list of practical resources, papers and guidance related to dispute resolution, appeals, governance and decision making --- provided for information only and not for legal advice.
Indigenous Governance & Election Processes
First Nation Elections Act First Nations Elections Regulations
First Nation Election Laws Comparison-Chart-Nov-17-5.pdf
Leadership selection in First Nations
Conversion to community election system Leadership selection in First Nations
Custom leadership selection codes for First Nations
First Nation community profiles by Gov Can First Nation Profiles
Find out how your First Naton does its elections
First Nations Electoral System Breakdown, by Province and Territory First Nations Electoral System Breakdown, by Province and Territory, in Canada
Dispute resolution & Tribunals
ADR in the aboriginal context paper
Indigenous Centered Conflict Resolution
Western and Indigenous Dispute Mechanism systems paper https://www.bcafn.ca/sites/default/files/docs/events/Dispute%20Resolutions_FINAL.pdf
Systems of Conflict Resolution in First Nation Communities paper by First Nation Governance
https://fngovernance.org/wp-content/uploads/2020/09/patricia_tait.pdf
A toolkit for developing Community Based conflict resolution in First Nation Communities
https://www.chrc-ccdp.gc.ca/sites/default/files/publication-pdfs/hr4-21-2013-eng.pdf
The Effectiveness of Indigenous Conflict Management Strategies in Localized Contexts
https://journals.sagepub.com/doi/full/10.1177/10693971211051534
Federal Court Canada Statistics page on First Nation cases before the Federal Court of Canada
Research and Reports
First Nations Elections Education Session PowerPoint Presentation
by Angelina Amaral: Special Projects Legal Advisor Presented at: The Aboriginal Law CPD Session January 14, 2016
FIRST NATIONS ELECTIONS: THE CHOICE IS INHERENTLY THEIRS Report of the Standing Senate Committee on Aboriginal Peoples The Honourable Gerry St. Germain, P.C. Chair The Honourable Lillian Eva Dyck Deputy Chair May 2010
https://sencanada.ca/content/sen/committee/403/abor/rep/rep03may10-e.pdf
recommended the establishment of an independent first nation electoral appeals tribunal back in 2008
Helpful organizations
Center First Nation Governance
Common Sense Mediation
Family Mediation Canada