Clash Actions: Indigenous Peoples’ Human Rights and Class Actions

As many face significant financial costs and legal barriers to accessing justice to remedy systemic human rights violations rooted in colonialism, they are increasingly turning to class action litigation for recognition of harms and to safeguard others. Drawing on Canadian examples, including a class action involving First Nations children, this article examines the complex and sometimes conflicting relationship between class actions and human rights remedies. The paper highlights the risks of class actions displacing human rights awards, the ethical challenges in relationships between class counsel and Indigenous victims, and the limited effectiveness of settlements in preventing recurring injustices. The article concludes by calling for stronger regulation of class action lawyers and tethering such proceedings to the United Nations Declaration on the Rights of Indigenous Peoples and other human rights standards, including the United Nations Convention on the Rights of the Child.

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Publication Details

Journal
Genealogy
Published
2025-11-03
DOI
https://doi.org/10.3390/genealogy9040122
Citations
1
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
2.23
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article

Clash Actions: Indigenous Peoples’ Human Rights and Class Actions

Pamela Palmater, Cindy Blackstock
1 citations
Genealogy
Dispute Resolution and Class Actions
2.23
article

Clash Actions: Indigenous Peoples’ Human Rights and Class Actions

Pamela Palmater, Cindy Blackstock
article en
1 citations

Abstract

As many face significant financial costs and legal barriers to accessing justice to remedy systemic human rights violations rooted in colonialism, they are increasingly turning to class action litigation for recognition of harms and to safeguard others. Drawing on Canadian examples, including a class action involving First Nations children, this article examines the complex and sometimes conflicting relationship between class actions and human rights remedies. The paper highlights the risks of class actions displacing human rights awards, the ethical challenges in relationships between class counsel and Indigenous victims, and the limited effectiveness of settlements in preventing recurring injustices. The article concludes by calling for stronger regulation of class action lawyers and tethering such proceedings to the United Nations Declaration on the Rights of Indigenous Peoples and other human rights standards, including the United Nations Convention on the Rights of the Child.

GenealogyVol. 9(4)
Toronto Zoo (CA), McGill University (CA)
Openalex Percentile: Top 8%
Dispute Resolution and Class Actions
2.23
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