Indigenous Legal Orders & Traditions

Examines the issues and argues that Indigenous peoples must reclaim indigenous legal traditions from the State.

Discusses some of the challenges faced when attempting to establish self-determination and jurisdiction over law and justice.

Intended for use by teachers of students in grades six through nine; topics include: The Law: Past and Present, Conflict Resolution, Human Rights and Criminal Law.

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.

Current as of 2010. Covers Canada, Kenya, Malawi, and Ghana.

Discusses the country's water resources and the legislation used to manage them, customary laws and the legal interface between Aboriginal rights and statutory rights.

Book review of: Dancing with a Ghost by Rupert Ross.

Researches the effect self-government might have on the well-being of Nisga'a people.

States most sexual crimes against Native American women are committed by non-Native Americans who, because of jurisdiction, are not penalized.

Examines the conflicting viewpoints in communities in Jharkhand between the British colonial system and Indigenous people regarding the definition of custom and tradition . To access this article, scroll down to page 44.

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.

Focuses on two approaches to Aboriginal property rights and governance rights; conclusions are similar in relation to property and diverge regarding governance.

Discusses the impacts of colonization, and the need for approaches that incorporate cultural values, survivor-centric models, restorative justice, and Indigenous laws.

Examines traditional and contemporary practices of custom adoption and caretaking. Part 1

Looks at four case studies of matrimonial real property disputes under formal tribal law, customary law, state law, and combinations there of.

Looks at Indigenous systems of law that failed to cease with the import of common and statute law of England.

Focuses on the challenges faced by libraries and other related institutions wishing to reproduce Australian Indigenous artwork.

Book review of: Domestic Subjects by Beth H. Piatote. Entire issue on one pdf. To access article, scroll to page 110.

Explores the issue of physical abuse of women in Native American societies that seek to achieve balance or harmony in all relationships.

Consists of an interview with non-Indian employed at the Gabriel Dumont Institute in Regina. At the time of the interview he was writing a book on the history of the Metis nation.

Discusses the relationship between Indigenous art and the Copyright Act, the problematic double standards in the act, and the affects of changes from primitive to fine art status.

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.

Discusses the right of Aboriginal title and duty to consult. Presents examples where Aboriginal people and the Crown have come together to reach an agreement. Duration: 7:30.

Descriptive study traces the changes of both collective and private land control on a British Columbia reserve over the past 50 years.

Compares the differences in Aboriginal and Euro-Canadian legal traditions and the acceptance of Indigenous legal traditions.

Introduction to journal issue bringing together perspectives on development, self-determination and the role of customary law. To access this article, scroll to page 4.

Describes Elders' past and present roles in dealing with offenders in their community.

Examines the evolution and adaptation of customary law for use by African women in their communities to advance their own positions. To access this article, scroll down to page 22.

Law Thesis (LL.M.)--University of Saskatchewan, 2011.

Examines the Indigenous use of land in the Cypress Hills, the decline of the bison (buffalo) herds and the resulting migrations and conflicts, the process of making Treaty 4 and the subsequent imposition and enforcement of Canadian law on Indigenous communities. Entire Issue on one .pdf, scroll to page 5.

Book review of Enough is Enough, by Janet Silman and Spider Woman's Granddaughters, edited by Paula Gunn Allen.

Study explores dual system used in land tenure distribution and management that faces policy making.

Law Thesis (LL.M.) University of Ottawa, 1992.

Anthropology Thesis (Ph.D.)--Laval University, 2003.

Examines how this novel about sexual abuse against Native women disrupts readers and scholars' expectations. Entire issue on one pdf. To access article, scroll to page 25.

Illustrated the attitudes of the courts in the early 1960s and customary law in the case of Re Noah Estate or, as it was more commonly referred to at the time, the "Eskimo marriage" case.

Looks at adapting legal ethics to non-Western legal values and principles.

Advocates a new partnership model of ethical space, a cooperative spirit between Indigenous peoples and Western institutions, in order to overcome archaic ways of interaction.

Explores the validity of negative reactions by Indigenous groups to academic interpretations of territorial interests.

Interdisciplinary Studies Thesis (DSSc)--Royal Roads University, 2018.

Author discusses her experience in Federal prison and gives an overview of the U.S. criminal justice system and Federal Indian law.

Overview of workshop discussing Native American traditional justice practices and the federal efforts needed as support. Lists goals and discussions from four panels.

Discusses imposing a Maori custom in Canada, legislating family conferencing in New Zealand and the distinction between indigenizing versus shifting authority and control. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

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.

Symposium focusing on the longstanding problem between Aboriginal peoples and the justice system.