Back to RJ Archive

Reconciliation Devices: Using the Trust as an Interface Between Aboriginal and State Legal Orders.

Overstall, Richard
June 4, 2015

Source: (2004) In Catherine Bell and David Kahane, eds, Intercultural Dispute Resolution in Aboriginal Contexts. Vancouver: University of British Columbia Press. Pp. 196-212.

In the following sections, the chapter outlines the institutional issues that arise at each of the three areas of reconciliation in British Columbia. It then proposes the trust as a legal instrument that could provide the required interface between Aboriginal and common law. I discuss constraints imposed by each legal order on the various types of trust. The concept is described in terms general enough that it could be applied to governance issues ranging from housing, health, and child welfare, to forestry and fisheries co-management. The chapter concludes with a hypothetical example of a community salmon fishery management trust in a typical Northwest Coast watershed. (excerpt)


AbstractCourtsNorth America and CaribbeanPoliceRJ in SchoolsStatutes and Legislation
Support the cause

We've Been Restoring Justice for More Than 40 Years

Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.

Donate Now