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Summary

Overstall, Richard (2003). Reconciliation Devices: Using the Trust as an Interface Between Aboriginal and State Legal Orders. 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)

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