Indigenous Dispute Resolution
"An independent dispute resolution body with expertise both in Canadian law and Indigenous legal traditions would be better suited to dealing with issues of such great consequence to First Nations"
Lynne Groulx, President, Indigenous Law Resource Centre Inc.
WHY A TRIBUNAL
What Can We Do?
Back to peaceful families and communities
Hear and Decide disputes relating to
- election appeals
- membership disputes
- referendum appeals
- guidance on community rules
- interpretation on laws/bylaws
- review decisions
- procedural fairness
When Indigenous communities resolve disputes internally through their own selected processes, they are exercising an inherent right to self-determination.
Child & Family Services Alternative Dispute Resolution
Mediation
Families involved with Children’s Services can get help with resolving disagreements about their children and entitled to have a mediator facilitate discussion on topics such as safety concerns, visits with children, and communication between the parties. These discussions are confidential and focused on the best interest of the child.
Mediation is used as an alternative to court trials to resolve disagreements between child welfare workers and parents about a child’s care, where a child will live, who will be allowed to have contact with the child, or who has custody of a child.
Child protection mediation is proven very effective method to enhance the families’ ability to communicate and interact with community resources.
for more information, see -
Children's Services Mediation Program
ADR Institute Alberta, Children Services Mediation
Mediation in Child Welfare by Della Knoke
Canadian Child Welfare Research Portal
Tribunal Services
Bill C-92 and Inherent Jurisdiction
Provides that First Nation communities have jurisdiction to pass their own child welfare laws, deliver services, and implement their own review bodies such as tribunals and decision making processes.
Shifting jurisdiction to your community can be complex and Bill C-92 does affirm Indigenous peoples inherent right to control child and family services from implementing laws, to program delivery to decision making and review processes.
An Indigenous community can implement its own tribunal and take back decision--making grounded in culture, values and families.
Referendum Vote Appeals
Building Consensus assists communities and organizations in preparing for referendum votes through meaningful engagement. We promote transparency, participation and trust building.
A choice should always be respected. If you have a vote in a referendum you also have appeal rights.
Building Consensus can assist with referendum voter appeals by providing independent, fair and organized dispute resolution services. We look at potential mediation, and provide a safe place for communities to voice issues and concerns. If a tribunal process is required we provide a respectful and safe space to help resolve disputes fairly and efficiently.
MANY PATHS TO RESOLVE DISPUTES
NEGOTIATION
Negotiation is crucial for your Nation when affirming your inherent rights, and determining how your laws will interact with other laws.
Negotiation is an essential stage when creating long-term relationships with other governments.
We support you in your negotiations with your own government and in Nation to Nation discussions
ADJUDICATION
Our tribunal services will assist your community back to self—whether that means personal resolution, collective healing, or full self-governance. We understand that self-government is more than a goal; it’s a reflection of identity, autonomy, and leadership.
Our commitment is to help you move through disputes and appeals efficiently, so your Nation can return to leading itself with clarity and confidence.
CONSULTATION
Consultation to Building Consensus means taking the time to talk with your membership, Elders and leaders, listen to their concerns and ideas, and make decisions together in a way that respects rights, voices and responsibilities.
We come prepared to start a process of respectful dialogue so that decisions reflect your community values first, then strategize with you to plan and implement goals and priorities.
MEDIATION
While focusing on a collaborative approach, mediation for Building Consensus is bringing people together in a safe space, following community protocols and working towards balance. It honors story, relationships and collective well-being in a non-judgmental manner.
Our collaborative approach focuses on healing relationships - -- the solutions are created by the people in the "circle" and not outsiders.