Meeting Halfway: Reassessing “Cognizable to the Canadian Legal and Constitutional Structure”

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.
Author/Creator
Julia Tousaw
Open Access
Yes
Primary Source
No
Citation
Indigenous Law Journal, vol. 16/17, no. 1, 2018, pp. 85-129
Publication Date
2018
Location
Resource Type
Articles -- Scholarly, peer reviewed
Format
Text -- PDF
Language
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