Indigenous and Settler Legal Systems

Co-leads are Professor David Wright, of the University of Calgary, and Professor Janna Promislow, of Thompson Rivers University.

All comprehensive land claim agreements include provisions prescribing how disputes under the treaty are to be resolved. However, these dispute resolution mechanisms have been largely ineffective and seldom used across modern treaty regimes. To date, this treaty implementation challenge has received minimal scholarly attention, notwithstanding calls for such research, findings from the Office of the Auditor General, and litigation. This research is intended to generate an evidence-based account of the use and non-use of modern treaty dispute resolution mechanisms, compare similarities and differences between existing dispute resolution provisions across modern treaties, situate modern treaty dispute resolution mechanisms and practices within the broader landscape of civil dispute resolution in Indigenous contexts, and; Set a foundation for further research, including gathering community-level perspectives in modern treaty Indigenous communities with respect to civil dispute resolution.