How will community land disputes be resolved?
The First Nations will establish their own processes for dealing with disputes in relation to their lands and resources. These are alternative dispute resolution processes.
How will disputes between a First Nation and Canada be resolved?
If the First Nations and Canada disagree on the meaning or implementation of the Framework Agreement, there are provisions in the Framework Agreement to resolve the dispute outside the courts. These include mediation, neutral evaluation and arbitration.
Is the court system still available to resolve disputes?
Yes. Judicial review of certain decisions under the dispute resolution process between the First Nations and Canada is available on limited grounds.
Members of the First Nations and third parties may use the courts to appeal any decision of a Justice of the Peace made under the First Nation’s laws.
A First Nation in its Land Code will specify how decisions made under its dispute resolution process are to be appealed.
- Framework Agreement
- Aboriginal and Treaty Rights
- Community Participation and Approvals
- Dispute Resolution
- Federal Legislation
- Federal Responsibility
- First Nation Powers
- First Nations Involved
- Gender Equality
- Land Development
- Lands Advisory Board and Resource Centre
- Protection of First Nation Land
- Provincial Relations
- Taking Responsibility for Land Management
- Third Party Interests
- What are the Major Benefits of the Framework Agreement to First Nations?