This comes from evidence, and the brief from the Chiefs of Ontario:
It is helpful that s. 20(5) anticipates the need for “dispute resolution mechanism”[s], to be developed in the regulations.
It is odd, though that it requires, as a precondition for accessing ADR, that all three parties to the negotiations have already made “reasonable efforts”. This seems counterintuitive, since the failure of one or more parties to make reasonable efforts is exactly what may drive the need for dispute resolution.
If you look at the existing text of the legislation 20(5), the section in the brief the Chiefs of Ontario were referencing starts with:
If the Indigenous governing body, the Minister and the government of each of those provinces make reasonable efforts to enter into a coordination agreement but do not enter into a coordination agreement, a dispute resolution mechanism provided for by the regulations made under section 32 may be used to promote entering into a coordination agreement.
The effect of my motion is to have a very straightforward section that simply says:
a dispute resolution mechanism provided for by the regulations made under section 32 may be used to promote entering into a coordination agreement.
It removes the precondition of failure after best efforts, as recommended by the Chiefs of Ontario. I know the way this was drafted had good intentions, but you really have an unintended consequence that an alternative dispute resolution is outside the reach of people who need it most, if any one of the three bodies hasn't yet made good, reasonable efforts, and hasn't yet reached a point of failure. You need an alternative dispute resolution at exactly that moment, to get things to work. It may be outside of your reach.