Litigate or Negotiate: Models to Address Issues of Equality of Service On-Reserve
Author(s): Ontario Bar Association
Publication Date: February 2017
Format: shipped (hardcopy), download (PDF)

Public concern over issues in service provision on-reserve, when compared to services provided to neighbouring non-reserve communities, has increased in recent times, especially after the Canadian Human Rights Tribunal decision in the First Nations Child & Family Caring Society case. Litigation is a common route for First Nations to address these inequities there are many cases before the courts related to the equality of service delivery, including on-reserve policing, fire, special education, and electricity services.

A different approach is to negotiate for greater First Nation control of the delivery of those services. The recent collaboration between Canada and the Anishinabek First Nations in drafting the Anishinabek Nation Education Agreement (ANEA), which moves toward a self-governing education agreement that will support and promote Anishinaabe student success and well-being, has highlighted negotiation as an alternative and an effective way of improving on-reserve services.


Janice LaForme, Law Society of Upper Canada
Senwung Luk, Olthuis Kleer Townshend LLP


Anishinabek Nation - Canada Education Negotiations (PP)
Marie Elena (Tracey) O'Donnell, Negotiator, Anishinabek First Nations

From Caring Society v Canada to actually caring about First Nations Kids: Litigate or Negotiate? (PP)
Maggie Wente, Olthuis Kleer Townshend LLP

Aboriginal Law Year in Review 2016
Mark Crow, Counsel, Ministry of the Attorney General, Constitutional Law Branch
Raj Dhir, Legal Director, Ministry of Indigenous Relations and Reconciliation,Legal Services Branch

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