Indigenous Legal Orders & Traditions

Submissions from Indigenous peoples and local knowledge holders in a variety of formats.

Presents archival material, essays and images centred around themes of totems, residential schools, mentors, community, migration and modernism.

2nd edition.

Law Thesis (M.L.)--University of British Columbia, 2011.

Looks at Aboriginal customary law dealing with ancestral designs, ritual knowledge and intellectual property.

Related material: Aboriginal Customary Laws: Discussion Paper. Aboriginal Customary Law: Background Papers.

Looks at the failure of the Federal Prison for Women to accommodate Indigenous inmates and suggests the healing lodges as an alternative.

Literature review centering on customary protocols.

Reports that years after Supreme Court decision regarding sentencing in Gladue, Aboriginal over-representation has increased, not decreased due to systemic discrimination in policing and prosecution, and a lack of resources for providing community healing based justice. Duration: 6:25.

Discusses the methods used by the Six Nations of Grand River, Ontario to ensure a relatively crime free social order. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Book review of: Aboriginal Justice and the Charter by David Milward.

Looks at the strategy started to help communities develop programs to support offenders stay out of the justice system. On one pdf. Scroll down to page 37 to read article.

Project offering alternative approaches and services for youth in the present justice system. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Various contributors give the "Aboriginal perspective" on the current applications of the Criminal Code, workings of the justice system in general, and required improvements.

Law Thesis (LL.M)--University of Manitoba, 1995.

Discusses Aboriginal title to land, Indigenous law and common law. Uses the cases of R. v. Marshall and William v. British Columbia for examples.

History Thesis (M.A.)--Indiana University, 2011.

Study conducted over five years consulted with over 150 Mi'kmaq through interviews, focus groups, and community forums in order to develop strategies to address violence.

Focuses on the context of adoption in the Arctic and compares it to patterns in Oceania and West Africa.

Discusses the myriad of legal and customary protocols that contemporary Aboriginal citizens must negotiate in the regards to adoptive cultural practices. Describe the Creation and Great Law narratives which help members of the Iroquois Confederacy makes sense of these conventions.

Outlined the issues, challenges and barriers linked to the UN advisory body that aids in the promotion and protection of the rights of Indigenous peoples.

Book review of: Advocates for the Oppressed by Malcolm Ebright.

Conflict and Analysis and Management Thesis (M.A.)--Royal Roads University, 2006.

Looks at Anishinaabek beliefs pertaining to the land, natural resource development, and ensuing conflicts with Canadian law.

Speaker argues that relationships in the natural world can be a source of law. Duration: 1:33:36.

Discusses the use of restorative justice in Canada, New Zealand and Australia to address the social context in which the crime was committed.

Reviews the 2010 Tribal Law and Order Act regarding needs of sexual assault survivors, TLOA reforms in relation to social work, and roles of practitioners.

A comprehensive statistical analysis of the effect and repercussions of violent crime among Native Americans as both victims and offenders.

Sociology and Anthropology Thesis (Ph.D.)--Carleton University, 2006.

Examines how anthropologists provide expert testimony in Brazil's civil law tradition and Canada's common-law practice.

Describes how aboriginal cultural ethics of non-interference have negatively impacted the Aboriginal experience in the criminal justice system.

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.

Law Thesis (LL.M.)--University of Victoria, 2006.

Navajo Nation Human Rights Commission assessment of border town relations and summary of public hearing testimonies held in Arizona, Utah, Colorado and New Mexico. Concludes with recommendations .

Examines issues surrounding works of folklore by Aboriginal artists and looks at a solution that provides adequate recognition and protection.

Looks at traditional systems of social control to see if they can be tailored to fit existing legal systems as part of an independent legal/judicial system for the Inuit of Chukotka.

Interdisciplinary Thesis (Ph.D.)--University of Victoria, 2008.

Law Thesis (Ph.D.)--University of Victoria, 2009.

Review of ethnographic literature. Current as of 1994.

Law Thesis (M.Jur.)--University of Waikato, 1995.

Presents overview of Bill C-21 and examines the Charter of Rights and Freedoms, Aboriginal and treaty rights, and human rights law in the interpretation of Section 1.2. Looks at how First Nations communities should implement the legislation.

Native Studies Thesis (Ph.D.)--University of Manitoba, 2017.

Brief discussion of context and implications of the United Nations Declaration on the Rights of Indigenous Peoples followed by results of literature review based on research findings and academic literature, primary sources, grey literature, and Indigenous legal orders and case studies of their applications.

Book review of: Beyond the Indian Act: Restoring Aboriginal Property Rights by Thomas Flanagan, Christopher Alcantara, and André Le Dressay.

Discusses the establishment of a Northern Cheyenne Reservation and the tribe's adaptation that enhanced their security and self government.