A/HRC/51/50 oversee treaty implementation and engage in conflict-resolution, it has, at the request of parties, increased its involvement in facilitating constructive dialogue between the State and indigenous nations using problem-solving approaches.130 Additionally, the Declaration on the Rights of Indigenous Peoples Act Action Plan in British Columbia, 131 which was developed collaboratively with indigenous peoples, provides another example of a concrete approach to addressing current and future problems in a concerted manner. 70. Similarly, the Treaty Relations Commission of Manitoba132 offers dispute-resolution in a non-adversarial and non-confrontational way, relying mainly on the approach of First Nations peoples to dispute-resolution, as well as their expertise in treaty issues. Despite its mandate to facilitate and maintain positive intergovernmental relations and cooperation between the State and indigenous peoples, it has been reported that the Commission is not fully operational and is not always fully utilized by the treaty partners.133 71. In Canada, at the national level, there are no comprehensive mechanisms with the competence and mandate to oversee the implementation of, and conflict-resolution on, treaties, agreements and other constructive arrangements. Instead there is a political orientation based on reconciliation, 134 coupled with a litigation directive that governs the federal response when court cases are initiated by indigenous peoples. 135 An indigenous-led Transitional Committee has been formed to establish a National Council for Reconciliation, which aims to ensure the accountability of the Government of Canada for reconciling the relationship with indigenous peoples.136 72. The Act on Greenland Self-Government establishes a hybrid mechanism for disputeresolution, which consists of an ad hoc board composed of “two members nominated by the Danish Government, two members nominated by Naalakkersuisut, and three judges of the Supreme Court nominated by its President”, the latter making a decision only if the members of the two Governments do not reach an agreement (art. 19). B. Role of the courts 73. Due to the lack of competent bodies to resolve treaty disputes, State legal systems are often utilized to address disputes, creating new challenges. The adversarial nature of Court proceedings entails long and costly procedures, often not affordable for indigenous peoples, while damages continue to accumulate as litigation is ongoing. The scarcity of lawyers and judges with expertise in treaties and in indigenous peoples’ rights, culture, history and laws represent a huge obstacle in ensuring indigenous peoples’ access to justice.137 74. In many cases, courts are called upon to interpret the meaning and scope of treaties, including implementation and infringements. In Aotearoa/New Zealand, the incorporation of the Treaty of Waitangi in legislation has sometimes brought about significant results, and the courts have progressively interpreted its principles. 138 In a recent ruling involving environmental protection before mining, the Supreme Court found that the Treaty had not been adequately considered when environmental permits were granted and that a broad and generous approach to its principles was required.139 130 131 132 133 134 135 136 137 138 139 16 Submission of the British Columbia Treaty Commission. See https://engage.gov.bc.ca/app/uploads/sites/121/2022/03/declaration_act_action_plan.pdf. See www.trcm.ca. Submission of the Treaty Relations Commission of Manitoba. See https://www.rcaanc-cirnac.gc.ca/eng/1400782178444/1529183710887. See https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/dclip-dlcpa/litigation-litiges.html. Submission of the British Columbia Treaty Commission; see also https://www.canada.ca/en/crownindigenous-relations-northern-affairs/news/2022/01/indigenous-led-transitional-committee-formed-toestablish-a-national-council-for-reconciliation.html. Submission of the Treaty Relations Commission of Manitoba. Presentation of Claire Charters at the Expert Mechanism seminar. Courts of New Zealand, Trans-Tasman Resources Limited v. The Taranaki-Whanganui Conservation Board [2021] NZSC 127; Robin Martin and Craig Ashworth, “Taranaki ironsands mining appeal fails at Supreme Court”, Radio New Zealand, 30 September 2021; and Tara Shaskey, “Both sides claim