CHAPTER 7: DISPUTE RESOLUTION
7.1 On the Effective Date of the Maa-nulth Treaty, the Toquaht Council shall bring into force and effect a Toquaht Nation dispute resolution law which shall provide for, among other things, a public body to address disputes with the Toquaht Nation Government and within the community and a process for challenging the validity of Toquaht laws and a process for appealing or reviewing administrative
decisions of the Toquaht Nation Government or Toquaht Nation public institutions.
7.2 The body and power to address disputes with the Toquaht Nation Government shall be:
(a) independent;
(b) provided with the authority to conduct hearings, make recommendations
and render decisions in relation to administrative decisions;
(c) provided with the authority to conduct hearings, make recommendations,
render decisions and adjudicate disputes within the community; and
(d) provided with the authority to conduct hearings, make recommendations
and render decisions in relation to the validity of Toquaht laws.
7.3 The body and power to address disputes shall consist of three members with one chosen by the Tyee Ha’wilth and two chosen by the elected members of the Toquaht Council.
7.4 The body and power to address disputes shall be provided with sufficient resources to meet its obligations under this Constitution.
Indigenous Governance Database
Toquaht Nation: Judiciary Functions/Dispute Resolution Excerpt
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