Dispute Resolution

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.