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Resolving the festering legal sores facing Indigenous peoples: Ken Coates for Inside Policy – MLI

December 1, 2020

At any given time, the Government of Canada is dealing with hundreds of legal matters with Indigenous Canadians.  This is inevitable given the complexity of Indigenous rights, the history of Canadian policy and patterns of government “lawlessness” that left the country liable for the administrative misdeeds of the past 150-plus years.  The number, diversity and potential impact of these legal challenge represents a substantial challenge to the status quo in Canada – and one of the few recourses available to Indigenous peoples seeking justice and fairness inside Canada.

While the right of Indigenous peoples to pursue their issues in the courts is inviolate, far too little attention has been paid to the costs and consequences of the constant punting of Aboriginal claims into the costly and slow legal process.  It is not, to be frank, a fair fight. Governments have more resources and delays can drag on for years; Indigenous peoples, in contrast, pay heavily for the delays in resolving their results and pay even more to move their claims through the legal process.

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