Indigenous Legal Orders & Traditions

In this personal essay, the author explores issues rooted in the conflicting worldviews of Indigenous and settler society; she further compares the legal traditions rooted in these worldviews and explores concepts surrounding the rule of law and its failure versus unjust laws within the context of her own Jewish heritage and the legacy of Nazi Germany.

Makes recommendations for legislative changes in Saskatchewan and the processes to achieve them. Concludes that the best model to follow would be that of the Northwest Territories.

Includes case studies of co-management models from Canada, Australia, New Zealand, and Florida.

Book review of: Crosscultural Homicide in the North American Fur Trade by John Phillip Reid.

Describes how restorative justice is used to deal with conflict to the benefit of the victim, offender and the community as a whole. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Law Thesis (L.L.M.)--York University, 1999.

Articles cover five themes: Arctic cosmologies, beliefs, art and shamanism; Arctic lands, waters, and environment; Indigenous rights and customary law; topics for future teaching.

Looks at conventional non-native policing, traditional native policing and community-based models of policing.

Paper presented at the 2nd Biennial Conference of the Canadian Initiative in Law, Culture and the Humanities Carleton University, Ottawa, October 12-14, 2007.

Discussion of Indigenous thought and law in a Eurocentric world.

Discusses the doctrine of cultural continuity in relation to rights, the framework of residual sovereignty, and the application of a more generous application of the reconciliation doctrine.

Book reviews of 2 books: The Problem of Justice: Tradition and Law in the Coast Salish World by Bruce G. Miller. A Sto:lo-Coast Salish Historical Atlas by Keith Thor Carlson.

Study on the importance of identity in adoption cross-cultural and a list of recommendations from the perspective of First Nation adoptees to improve the process.

Argues that since land claims force Aboriginal peoples to deal in the European concept of property, it has the effect of undermining the very principles that claimants are trying preserve.

Argues that the Federal government's changes to the Indian Act to change matrimonial property rights is long overdue.

Discusses how to achieve a postcolonial legal consciousness, recognize Indigenous law, and better protect Indigenous people's rights.

Discusses the Constitution, the Restitution of Land Rights (Lands Claims Commission) and the Richtersveld Claim. To access this article, scroll down to page 26.

Discusses the societal state of Creole women, such as Marinette Chevalier, and the various roles they assumed in their communities.

Investigates how peace and order were maintained in the 1930s and earlier in an Indigenous community.

Author states that Canadian and American legal law systems are built on a relationship of superiors to inferiors; are premised on punitive measures, whereas most Indigenous societies are by consensus and equality-based. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Canadian Plains Studies Thesis (M.A.)--University of Regina, 2003.

Discusses the system of tenures at the time of settlement and how it was misunderstood to include Aboriginal occupied land.

Authors considers different ways that Canadian lawyers and Canadian law can engage with Indigenous law in the interest of working towards reconciliation. Discusses a process of self-questioning and self-reflection tied to film and cultural studies.

Looks at legislative acts and extinguishment by the Crown of Native title to land.

Argues that legal principles in pre-contact Aboriginal times can be articulated and extended to apply to current day sexual issues.

Thesis (Ph.D)--McMaster University, 2001.

Examines the fundamental role played by the Iroquois in the evolution of democracy in the USA and illustrates use of that knowledge by other countries.

Reports on whether to apply customary laws to Aboriginals and whether Aboriginal communities should have the power to apply customary laws for punishment and rehabilitation of Aboriginals. Recommends Aboriginal people have the final say in the recognition of customary law.

Literature review primarily uses book chapters, journal articles, and internet sources.

Interdisciplinary Studies Thesis (Ph.D.)--University of British Columbia, 2005.

Looks at ways to engage with Indigenous principles and practices found in Indigenous law and legal traditions.

Discusses formal, informal and Indigenous law at conference held at the Church of St. John the Divine, Victoria, B.C., April 26 - 27, 2013. Duration: 27:06.

Excerpt from The Red River Settlement describing the spring hunt of 1840.

Looks at restorative justice in the criminal justice system.

Looks at how Indigenous legal scholars have gone about identifying existing legal resources available for Indigenous law and its application.

Discusses Haudenosaunee customary law and how legislation and residential schools disrupted traditional practices.

Summary of recommendations and background.

Covers selected principles of the Convention: concept of Indigenous peoples and their institutions, customs, customary laws, and participation in International Labour Organization's supervisory mechanisms, as well as their right to education, consultation, and to decide on development priorities. Looks at Norway, Sweden and Finland.

Discusses different viewpoints by the courts, churches and governments for responsibility of residential schools in Canada and suggests using customary law to help speak to this responsibility.

Integrated Studies Project (M.A.)--Athabasca University, 2012.

Recounts history of restorative justice, who uses them and how successful they are. Honors Captstone Research Project--[University of Alaska, Fairbanks], 2010.

Examines the cautious and selective approach of the introduction of Canadian criminal law in the Northwest Territories during the period 1878-1885.

"...this article attempts to provide an adequate theory as to how tribal judges should find and apply customary law on a normative level."

Examines the legal and ethical issues surrounding the 1988 return of the belts, the Iroquois sense of proper behaviour on the occasion and the mutually satisfying outcome for both parties.

Report commissioned by the Department of Justice. Volume contains annotated bibliographies, including documents, reports and position papers.

Provides overview of the background, administration and processes of the law, discussion of issues and concerns, and recommendations for improvements.

Book reviews of: Beyond the Lodge of the Sun: Inner Mysteries of the Native American Way by Chokecherry Gall Eagle. Chippewa Families: A Social Study of White Earth Reservation, 1938 by. M. Inez Hilger. David Zeisberger: A Life Among the Indians by Earl P.