University of British Columbia Law Review, Special Edition: Aboriginal Justice, 1992, pp. [239]-279
Description
Various contributors give the "Aboriginal perspective" on the current applications of the Criminal Code, workings of the justice system in general, and required improvements.
Indigenous Affairs, no. 1-2, Development and Customary Law, 2010, pp. 6-15
Description
Argues customary and traditional laws of communal stewardship over land as opposed to individual land tenure systems should be recognized and protected for future land development.
To access this article, scroll down to page 6.
Indigenous Affairs, no. 1-2, Development and Customary Law, 2010, pp. 16-21
Description
Discusses customary law’s contribution to addressing areas where ordinary criminal or civil laws have failed particularly in reference to mass violence .
To access this article, scroll down to page 16.
Justice as Healing, vol. 1, no. 4, Winter, 1996, p. [?]
Description
Perspective on maintaining or regaining balance discussed in relation to individual as well the relationship between tradition and the administration of justice in Canada.
Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
Discusses the impacts of colonization, and the need for approaches that incorporate cultural values, survivor-centric models, restorative justice, and Indigenous laws.
Northern Review, no. 50, Law in the Canadian North, April 07, 2020, pp. 179-189
Description
Editorial article discusses the need to for non-Indigenous legal systems to engage with and normalize the legal traditions of the First Nations in the Yukon.
Overview of workshop discussing Native American traditional justice practices and the federal efforts needed as support. Lists goals and discussions from four panels.
American Indian Quarterly, vol. 17, no. 1, Winter, 1993, pp. 45-67
Description
Literary Criticism article in which the author examines the place-based and relational nature of Indigenous spiritual practices, and the treatment of these in the McNickle’s novel.
Consists of an interview where Fine Day describes the punishment for violation of their hunting code. He also describes the selection and duties of ceremonial officers and the use of buffalo pounds.
Consists of an interview where he gives a description of punishment for violation of the hunting code. He also gives a brief description of saddle making.
Looks at the family assault case involving Liam Jurrah, an AFL star-player. Community Elders in the community of Yuendumu suggested traditional punishment.
Activist argues that rather than rely on Canadian law, the principles of Indigenous law, with their emphasis of reciprocal relationships, should be used to support sex workers' safety and agency.
Duration: 34:12.
Indigenous Affairs, no. 1-2, Development and Customary Law, 2010, pp. 70-75
Description
Overview of the development of local systems of justice, based on harmony and balance, from within the larger state system.
To access this article, scroll down to page 70.
Looks at definitions of Indigenous law, personal experience with Annishinabek legal traditions, and integrating legal traditions into law school curriculum.
Discusses customary rights and responsibilities with respect to three areas: private advice-/knowledge, inherited ritual/ceremonial property (rituals, songs, stories, etc.) and House property (hereditary names, songs, stories).
Indigenous Law Journal, vol. 2, no. 1, Fall, 2003, pp. 67-115
Description
Argues that since the theoretical underpinings of Canadian law are Western liberalism, there is a fundamental conflict with the viewpoint of Aboriginal people.