Addressing Aboriginal disputes in Canada : a new initiative

Abstract

Tension or outright conflict is a recurring theme in relations between Aboriginal communities and non-Aboriginal institutions and bodies in Canada. Additionally, many Aboriginal communities are fraught with internal divisions that prevent their leaders from taking consistent policy stands and negotiating effectively with other parties. These tensions and divisions can hinder the possibility of cooperation and disrupt the processes of problem-solving that are necessary to address many of the concerns of Aboriginal and non-Aboriginal Canadians. The current policy in Canada to move towards Aboriginal self-governance is likely to increase the frequency and complexity of such disputes. Despite these well-recognized dynamics, there are insufficient mechanisms and resources to address Aboriginal disputes, whether between Aboriginal groups and government, Aboriginal groups and non-governmental, non-Aboriginal parties, or amongst and between Aboriginal groups. A new initiative is proposed in the form of an independent, non-partisan, nonprofit organization devoted to the resolution of Aboriginal public disputes. The organization would work independently and with other organizations to fill the gaps in the field by providing access to professional dispute resolution services and by building capacity amongst Aboriginal and non-Aboriginal stakeholders to resolve such disputes. It would integrate and build on dispute resolution approaches from Western and Aboriginal models. In its startup phase, the organization would maintain a limited focus and engage in a relatively small range of activities. Ultimately, it is envisioned as a national organization, offering a broad range of services, which fundamentally transform the way Aboriginal disputes are addressed in Canada.