Welcome to the Office of the Commissioner of Indigenous Languages

Dispute Resolution
Services

To learn about the Commission’s Dispute Resolution Services, click each of the circles below.

To learn more about Dispute Resolution Services, click the play button to hear an audio introduction.

Introduction

Hear an Audio Overview

OVERVIEW
OUR
INDIGENOUS
APPROACH
WHAT YOU
NEED TO KNOW
WHAT THE
PROCESS LOOKS
LIKE
FAQs
START YOUR
APPLICATION
HERE!

After reading the information on this page, if you have additional questions,
please email us at: srd-drs@ocil-ila.ca

Overview of the Commission's
Dispute Resolution Services

The Office of the Commissioner of Indigenous Languages (the Commission) offers Dispute Resolution Services in accordance with sections 26 and 27 of the Indigenous Languages Act.

The purpose of Dispute Resolution Services is “to positively affect the services and programs to Indigenous Communities” who are working towards the “reclamation, revitalization, maintenance and strengthening of Indigenous languages”. — Dispute Resolution Working Committee

The role of Dispute Resolution Services is to process complaints on behalf of the Office of the Commissioner of Indigenous Languages and provide outcomes in a final report. Aggregate data of complaints will be provided in the annual report.

If you have a complaint that falls into one of the four categories listed in Section 26 and you wish to request a Mediation, a Culturally Appropriate Process, or a Review; click the start here button and follow the steps in the Commission’s secure and confidential website for Dispute Resolution Services.

Section 26 of the Indigenous Languages Act states:

At the request of an Indigenous community, an Indigenous government or other Indigenous governing body, an Indigenous organization or the Government of Canada, the Office may provide services, including mediation or other culturally appropriate services, to facilitate the resolution of a complaint related to:

(a) the fulfilment by any party of an obligation related to Indigenous languages under an agreement entered into by the Government of Canada;

(b) funding provided by the Government of Canada for the purposes of an initiative related to Indigenous languages;

(c) the fulfilment of any of the Government of Canada’s obligations under this Act; or

(d) the implementation of any of the Government of Canada’s policies and programs related to Indigenous languages.

Section 27 Review of Complaints

(1) The Commissioner may conduct a review of a complaint, filed by an Indigenous government or other Indigenous governing body, an Indigenous organization or an Indigenous person, respecting any matter referred to in any of paragraphs 26(a) to (d).

(2) After conducting the review, the Commissioner must prepare a report containing any recommendations that the Commissioner considers to be appropriate.

Dispute Resolution
Services in the Indigenous
Languages Act

Section 23 – Mandate of the Commission Section 23 (1) (c) to facilitate the resolution of disputes and review complaints

Sections 26 – Mediation and Culturally Appropriate Services for Disputes

Section 27 – Review of Complaints

Access the full Indigenous Languages Act here

Access the full Indigenous Languages Act as a downloadable PDF here

There are two types of processes to choose from:

Mediation or Culturally Appropriate Process

  • Signed agreement required.
  • Indigenous organizations: communities, governments, governing bodies, entities, or the Government of Canada may request a Mediation or Culturally Appropriate Process. Individuals do not qualify.
  • Both Mediation or Culturally Appropriate Processes require the consent of all parties. If all parties agree to participate, Dispute Resolution Services will assist you in selecting a Mediator or Facilitator based on availability of funds.
  • Both Mediation or Culturally Appropriate Processes are private and confidential to all parties involved.
  • Once the Mediation or Culturally Appropriate Process is completed, the Mediator/Facilitator will prepare a summary report. The report will be distributed to all parties named in the complaint.
  • A summary of the outcomes will be provided in the Commissioner’s annual report.
  • Any resolution reached through Mediation or a Culturally Appropriate Process is not legally binding.

A Review of a Complaint

  • Signed agreement not required.
  • Organizations and individuals may request a Review of a Complaint.
  • Does not require consent of all parties to the complaint.
  • If your application for a Review is accepted, Dispute Resolution Services will undertake the Review in accordance with Section 27 of the Indigenous Languages Act.
  • Dispute Resolution Services will conduct a detailed analysis of all documents and correspondence submitted with the complaint.
  • Once the Review is completed, Dispute Resolution Services will prepare a report with recommendations. This report will be distributed to all parties named in the complaint and is private to those parties.
  • A summary of the outcomes will be provided in the Commissioner’s annual report.
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Our Indigenous Approach to Dispute Resolution Services

The Commission is committed to offering Dispute Resolution Services with Indigenous principles and practices. To develop our Indigenous approach for Dispute Resolution Services, the Commission turned to respected members of Indigenous communities to serve as an Indigenous Advisory Group. This group met several times to provide guidance and establish foundational principles to ground our work. These principles are:

Relationship-building

Dispute Resolution Services will apply essential principles drawn from Indigenous values in relationship building that include; making efforts to build trust, and ensure our clients feel safe and valued, confirming we are committed to understanding specific needs for all parties.

Indigenous ways of knowing

Indigenous ways of knowing inform how the Commission approaches Dispute Resolution Services and its work through each application.

Adherence to traditional and cultural protocols

Dispute Resolution Services will be guided by the traditional and cultural protocols of your People. We will be seeking your guidance and direction so that we may understand what your expectations are in terms of your protocols.

Problem-solving approach

Working together, Dispute Resolution Services strives to problem solve with you in a collaborative, constructive manner that respects the holistic and complex nature of any complaint.

Recognition of distinct cultures, territories, and languages

The Commission acknowledges the distinctiveness of the many First Nations, Métis, and Inuit Peoples who reside in Canada.

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What Do You Need to Know to Submit an Application?

Who can submit a complaint?

Mediation or other culturally appropriate processes. An application can be filed by:

  • Indigenous organizations,
  • Indigenous communities, governments, governing bodies, entities, or
  • the Government of Canada.

Review of a complaint. An application can be filed by:

  • an Indigenous government or other Indigenous governing body
  • an Indigenous organization, or
  • an Indigenous person.

What do you need to submit an application?

You will be asked to provide:

  • Your contact information and, if applicable, the name and mailing address of your organization;
  • If you are completing the application on behalf of someone else, you will be asked to provide their name and contact information;
  • If you are completing the application on behalf an organization, you will be asked to upload a letter that gives you authorization to do so;
  • The name and location of the agency/office that you have a complaint with, including a point of contact;
  • A short description of the nature of your complaint;
  • Any supporting documentation (e.g., an agreement if there is one, copies of emails, meeting notes, etc.)
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What Does the Dispute Resolution Process
Look Like?

FOR ORGANIZATIONS

Steps for filing a complaint by an organization

1
Submit an
application
1b
The Commission
receives / verifies
application
2a
Application
complete and
accepted
2b
Application
not accepted
Organization
notified
3a
Mediation or
culturally
appropriate
process begins
3b
Review process begins
4a
Confidential
process toward
mutually
agreeable
resolution
4b
Report written and provided to the parties

FOR INDIVIDUALS

Steps for an individual filing
a complaint

1
Submit an
application
1b
The Commission
receives / verifies
application
2a
Application
complete and
accepted
2b
Application
not accepted
Individual
notified
3
Review process begins
4
Report written and provided to the parties
START YOUR
APPLICATION
HERE!
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Frequently Asked Questions

The Office of the Commissioner of Indigenous Languages (the “Commission”) is mandated by the Indigenous Languages Act to promote and champion Indigenous Languages and supports the efforts of Indigenous Peoples across Canada to reclaim, revitalize, maintain and strengthen their languages. Learn more about the Commission here.

Section 23 (c) states that one of the Commission’s mandates is to “facilitate the resolution of disputes and review complaints” to the extent provided by the Indigenous Languages Act.

If an organization has a signed agreement with the federal government and there is a dispute about the agreement, the organization has two avenues to choose from:

a) the organization can request a mediation or a culturally appropriate process of their choosing. All parties involved in the complaint must agree to participate in the preferred process before it can begin. See questions 11, 14-16 for more information.

b) the organization or an individual can choose a review of the complaint. In a review, Dispute Resolution Services conducts an analysis of all documents and correspondence related to the complaint. Dispute Resolution Services then prepares a report with recommendations based upon this analysis. Only one party to the complaint needs to request and consent to a review for a review to proceed. See question 12 for more information.

An authorized or qualified representative of your organization may submit a complaint to Dispute Resolution Services. At the request of an Indigenous community, an Indigenous government or other Indigenous governing body, an Indigenous organization or the Government of Canada. An organization’s complaint can be submitted for either mediation or a culturally appropriate process or for a review process.

Individuals who are Indigenous can also submit a complaint, but they can only submit a complaint to be considered for a review, not mediation.

A complaint may be submitted when your organization’s attempts to resolve a dispute have been unsuccessful.

Section 26 of the Indigenous Languages Act identifies four categories of disputes. An application can be submitted to the Commission’s Dispute Resolution Services if the complaint is related to:

(a) the fulfilment by any party of an obligation related to Indigenous languages under an agreement entered into by the Government of Canada;

(b) funding provided by the Government of Canada for the purposes of an initiative related to Indigenous languages;

(c) the fulfilment of any of the Government of Canada’s obligations under the Indigenous Languages Act; or

(d) the implementation of any of the Government of Canada’s policies and programs related to Indigenous languages.

All complaints addressed through mediation or a culturally appropriate process are confidential to the parties involved.

All reviews are conducted in a confidential manner. The report with its recommendations is distributed to all parties connected to a complaint.

Yes, you may withdraw your complaint at any time.

You will be informed of the reasons that your complaint was not accepted.

You may file a complaint 6 months from the date of your last submission.

Mediation is a process that includes both parties in the complaint and is facilitated by a mediator to find a resolution that is determined by and mutually agreed upon by the parties. Both parties, with the assistance of the mediator, decide how the mediation will proceed; its goals and objectives; how often, where, and when to meet; and any other relevant ground rules that may apply. The mediation is confidential between the parties and is not meant for public disclosure unless both parties agree. This is not a legal or binding mediation process. The mediator or facilitator will provide a written report to Dispute Resolution Services and the parties of the process.

A review of a complaint involves several steps:

1) The applicant provides any documentation or correspondence related to the complaint;

2) Dispute Resolution Services reviews the documents and correspondence received from the applicant;

3) Dispute Resolution Services contacts the government office that is the subject of the complaint; for any input they would like to share (the agency may or may not choose to cooperate);

4) Dispute Resolution Services reviews and conducts an analysis of all materials gathered about the complaint;

5) Based on an analysis of the information, Dispute Resolution Services writes a report with recommendations how the dispute may be resolved and/or measures aimed at improving the relationship between the parties;

6) Dispute Resolution Services distributes the report to the applicant and the agency that is the subject of the complaint.

The Commission has developed an Indigenous approach to its Dispute Resolution Services that are founded on Indigenous principles of respect and relationship building. The aim of entering into a mediation (or culturally appropriate process) through the Commission’s Dispute Resolution Services is to help build better relationships between parties as well as to find a mutually agreed upon resolution to the dispute. Read more about the Indigenous principles [link to section above] here.

The Commission will provide a list of mediators that the parties may choose from. If a satisfactory mediator cannot be found on this list, the parties may recommend a mediator. Both parties must agree to the mediator.

The mediation takes place at a mutually agreed upon location within the applicant’s region. If requested, Dispute Resolution Services will provide a virtual on-line space for mediation sessions. Where this is not feasible, Dispute Resolution Services will support a mediation face-to-face in or near the applicant’s community, if financially feasible.

No, the outcome is an agreement between the parties and is not legally binding.

The agreement to enter into mediation confirms the parties’ willingness to agree to and abide by the outcome.

Dispute Resolution Services will cover reasonable costs for mediation services.

You should not submit a dispute to Dispute Resolution Services:

a) If you have not exhausted your organization’s dispute resolution process;

b) If you are currently in litigation against the other party; or

c) If you have entered into an arbitration with the other party.

See sections [link to these] 26 and 27 of the Indigenous Languages Act for more information on the Legislation.

Dispute Resolution Services’ report will only use non-identifying summarized data from the Mediations, Culturally Appropriate Processes, and Reviews that are conducted during a fiscal year. A summary of the outcomes will be provided in the Commissioner’s annual report.

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