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|Meeting Halfway: Reassessing “Cognizable to the Canadian Legal and Constitutional Structure”|
Indigenous Law Journal, Vol. 16/17, No. 1, 2018, pp. 85-129.
Argues that because Canadian courts harbor two misconceptions about Indigenous laws (that they are facts and that they are excessively general) they reject them on the basis that they are not clearly identifiable. Author suggests that analogical reasoning, similar to that used in the application of Common law, with its emphasis relevance would be a more appropriate approach.