Shared Deliberations and Decision-Making

Negotiation, from many Indigenous legal perspectives, does not mean each party merely puts their mind to a proposed final agreement or settlement; rather, it is a process by which the parties work together to craft a lasting relationship and path forward. Negotiation processes for a revised specific claims process must be developed to ensure the parties are able to participate meaningfully. Barriers to participation – whether financial or related to cultural understanding or other issues – must be identified and removed. 

“You can’t move forward using the very same tools that have caused the problem”

Nlaka’pamux lawyer Ardith Walkem explains why the incorporation of Indigenous laws and legal orders is fundamental to developing a just and fair specific claims resolution process and advancing reconciliation.

“Everything had to be publicly witnessed”

Nigel Baker-Grenier, articled student at White Raven Law, explains the importance of public witnessing in Gitxsan law. In the feast hall, all the different families come together for legal transactions or business, including dispute resolution, and “everything had to be publicly witnessed to be validated.” The result is a kind of “collective resolution,” Baker-Grenier explains.