Abstract/Details

Aboriginal policy-making and dispute resolution processes: A history of the concept of a tribunal for the adjudication of specific land claims in Canada

Milroy, Leigh Ogston.   University of Victoria (Canada) ProQuest Dissertations Publishing,  2003. MQ82449.

Abstract (summary)

The idea of a quasi-judicial administrative tribunal, or specialized court, empowered to make binding decisions on the validity of aboriginal specific claims and awards without limit dates back to the mid-1940's in Canada. Over time, the consensus about the need for an independent and binding adjudicatory body has strengthened and the vision of an independent claims body has evolved into a hybrid model that would involve both a facilitative commission with a full range of alternative dispute resolution (ADR) tools to assist negotiations, and a powerful adjudicatory tribunal to make binding decisions when negotiations fail. A consensus has also grown around the idea that aboriginal people should be involved in specific claims policy-making and process design, and be represented on any new independent claims body. This multi-disciplinary study, employing a historical comparative research methodology, attempts to trace the evolution of this concept over time, and document the history of efforts to date to establish such an independent claims body in Canada. (Abstract shortened by UMI.)

Indexing (details)


Subject
Canadian history;
Law
Classification
0334: Canadian history
0398: Law
Identifier / keyword
Social sciences
Title
Aboriginal policy-making and dispute resolution processes: A history of the concept of a tribunal for the adjudication of specific land claims in Canada
Author
Milroy, Leigh Ogston
Number of pages
315
Degree date
2003
School code
0244
Source
MAI 42/02M, Masters Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
978-0-612-82449-2
Advisor
Cassidy, Frank
University/institution
University of Victoria (Canada)
University location
Canada -- British Columbia, CA
Degree
M.A.
Source type
Dissertation or Thesis
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
MQ82449
ProQuest document ID
305307201
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
https://www.proquest.com/docview/305307201