Indigenous Legal Orders & Traditions

Book reviews of: Algonquian Spirit: Contemporary Translations of the Algonquian Literatures of North America edited by Brian Swann. Building on a Borrowed Past: Place and Identity in Pipestone, Minnesota by Sally J. Southwick. The Cambridge Companion to Native American Literature edited by Joy Porter and Kenneth M.

Law Thesis (LL.M.)--University of Manitoba, 2013.

Focuses on engagement practices in law that create more understanding and accomodate diversity, rather than supporting the status-quo.

Looks at proposed statute in Northern Europe regarding unenclosed land resources with focus on Norwegian Finnmark Act.

Law Thesis (LL.M.)--Arctic University of Norway, 2015.

Discusses an Aboriginal style guide written to give guidance as to when approval is needed to use certain dances, songs, motifs, etc. and in what settings. Article located by scrolling to page 16.

He tells stories of treachery by Americans against the Sioux who had fled to Prince Albert, Saskatchewan after the 1862 Minnesota Massacre, including distribution of disease-infested clothing and food. NOTE: Attempt to verify with R.C.M.P. records. He also sings and explains a very old Dakota song sung by children when rabbit-hunting.

Reports on research done using semi-structured face-to-face interviews to examine Indigenous practices around conflict resolution. Findings indicate that Indigenous practices: are more flexible than formal court proceedings, focus on consensus building, and aim to restore harmony rather than on punishment.

Synopsis of presentation by John Burrows and question and answer period / open discussion which followed.

File contains a panel discussion of previous presenters from the day's sitting and audience participants on Aboriginal justice issues in Canada. Following this is a closing prayer and the adjournment of the day's proceedings.

File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Thursday, November 26, 1992. File contains the opening prayer and opening remarks for the day's sitting which involves a round table discussion panel on justice issues.

File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Thursday, November 26, 1992. File contains day two of the Commission's round table on justice issues with a wide array of participants. For detailed information see table of participants. Each presentation can be viewed individually on this site.

File contains opening prayers and opening remarks by Murray Sinclair, and Commissioner Bertha Wilson for the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Friday, November 27, 1992.

File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario. File contains Day Three of the Commission's round table on justice issues with a wide array of participants. For detailed information see table of participants. Each presentation can be viewed individually on this site.

File contains a Raporteur's report on the preceding three volumes of the Royal Commission. Dean James MacPherson summarizes the themes and offers analysis on RCAP77, RCAP78, and RCAP79, all of which deal with Aboriginal Justice issues in Canada. Following his report are closing comments and a closing prayer which ends the Commission's sitting.

File contains an individual presentation by Ken Ward, an Aboriginal man from Enoch First Nations who is living with AIDS. He asks how can Aboriginals have a strong economic base "when these employed people are hurting." He calls for an after care program for Aboriginals leaving the correctional system, which includes elders.

File contains an opening prayer from the sitting of the Royal Commission on Aboriginal Peoples at Fort St. John, B.C. November 20, 1992, followed by a presentation by Sergeant Randy Munroe of the Ft. St. John Royal Canadian Mounted Police detachment. Munroe's presentation gives information on the Aboriginal alternate sentencing and supervision programs being piloted in the community. Following his presentation the assembled Commissioners ask him a variety of questions about these programs.

File contains a presentation by Alfred Scow, B.C. Provincial Court Judge. Judge Scow discusses the detrimental effects of the justice system on Aboriginal peoples, and the Indian Act in particular. Judge Scow also expresses the hope that the Commission will lead to substantive changes in the justice system rather than "window dressing."

File contains a presentation by Brad Enge, a 17-year veteran of the RCMP. He believes that "a Canadianized version of the Australian-made Anunga rule would not inhibit the police investigation process, permitting First Nations people access to a legally trained and educated resident prior to the interrogative process. It will add credence to the legitimacy of the Canadian criminal justice system." A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Chief David Keenan of the Teslin Tlingit Council. Keenan discusses the differences but also the commonalities in values between Aboriginal people and other Canadians. Keenan also discusses the Canadian justice system, over representation in prisons, the need for more resources toward prevention rather than corrections, initiatives his people have taken in the Yukon, and other justice related matters.

File contains a presentation by the Nicola Valley Native Community Law Office, Merritt Legal Services, by Cliff Thorstenson. He discusses his observations on Aboriginal people and the Canadian justice system, particularly with regards to the local situation. Thorstenson offers a critique of justice institutions, and recommends a more culturally appropriate approach to community justice issues. Following the presentation is a discussion between Commissioners Chartrand and Dussault on justice concerns.

File contains a presentation by Darrell Bretton, First Nations Freedom Network. Bretton discusses his organization which he says is "a unique agency which deals with the transition from incarceration to reintegration of our people into overall society...developing a network of aboriginal groups and professionals to address the widespread societal problem of aboriginal recidivism."

File contains a presentation by David Arnot, Battlefords Justice Advisory Council. Arnot, presenting on behalf of the Battlefords Justice Advisory Council delivers a presentation first dealing with the Katapamisuak project which deals with community justice, and the workings of the general justice system as they pertain to Aboriginal peoples. Commissioners Blakeney and Erasmus discuss justice issues with Arnot following the presentation.

File contains a presentation by lawyer and general director of inquiries Frances Hudon, and Patrick Robardet, lawyer and director of jurisdictional affairs and research of the Bureau du protecteur du citoyen. The presenters lay out their proposal that the Commission recommend the creation of a federal ombudsman to serve Aboriginal organizations and communities, particularly in the field of justice issues. Following this the assembled Commissioners discuss the proposal with them.

File contains a presentation by Harvey Thunderchild relating to high rates of illiteracy among Aboriginal inmates, and the high proportion of incarcerated Aboriginal people for crimes committed involving drugs and alcohol. He states that Aboriginal inmates are prevented from entering treatment programs due to a shortage of programs. He also expressed concern with Aboriginal young offenders lacking appropriate programs as well. He introduces Alfreda Trudeau.

File contains a presentation by Henry Broomfield. Broomfield discusses the Labrador Native Peoples Funding Agreement and what he sees as its many shortcomings. Broomfield sums up by stating "this funding agreement is deficient in alot of areas. It does not provide sufficient dollars for the operation of our communities. It provides dollars to another government, the province, to run our affairs.

File contains a presentation by John Giokas, Barrister and Solicitor, Consultant, Federal Government on Aboriginal Justice and Self-Government Issues. Giokas presents his ideas on how a new order is emerging in Canada with respect to justice, and how we can expect new power sharing arrangements to arise.

File contains a presentation by Leonard Mandamin. He discusses the nature of the justice system in Canada, the cultural diversity of Aboriginal peoples, and the problems with the term "system," the history of European legal systems relationship with Aboriginal justice, and discusses various models used in the United States, Australia, Canada, and closes by stating that "it is not a question of a unified system or of separate Aboriginal systems...It is a matter of recognizing existing authority and human rights."

File contains a presentation by Pastor Stanley Reid, of the Crime Prevention Committee. Reid discusses the lack of policing in coastal communities, and the problem of a lack of resources generally to deal with crime and crime related issues.

File contains a presentation by Reg Louttit of the Attawapiskat First Nation, Nation Justice Project. Louttit discusses the project on his First Nation, its origins, aims and difficulties encountered.

File contains an a presentation by Sharon Venne of the Saulteau First Nation. She provides her perspective on Aboriginal governance, the Treaty and the failure of non-Aboriginal society to live up to it, conflicts with the province over wildlife management rights, and educational matters. Following Venne's presentation Erasmus discusses some of these issues with her. Venne also discusses the origins of her First Nation in Manitoba, and a trip there to meet with distant Saulteaux relations of her Nation. A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Steven Katz. Katz discusses justice issues in Canada, and the need for an overhaul of the system due to systemic discrimination toward Aboriginal peoples. Following the presentation Katz discusses some of these concerns with Commissioners Chartrand and Sillet.

File contains a presentation by Denis Jacques and Marie-France Chabot of the Barreau de Quebec. After an introduction of the Association by Denis Jacques, Chabot delivers a detailed report on the particular legal position of Quebec's Aboriginal population relative to those in other provinces. She discusses Treaties, the impact of French Civil law, the unique experience of New France and related matters in framing her argument. Following the presentation Commissioners Dussault and Chartrand comment on the contents and discuss it with Chabot.

File contains presentations by Winona Diabo and Joyce K. Mitchell of the Kanawahke Court System. Diabo describes how her community has had its own court system functioning for twelve years without government funding. She outlines a list of priorities and requests for assistance from the Commission, as well as giving an overview of how the justice system functions at Kanawahke with respect to both policing and judicial processes.

File contains a presentation by Tony Mandamin. Mandamin (a lawyer) discusses the legal system in Canada and Aboriginal societies' interactions with it. Mandamin highlights associated issues such as Aboriginal over-representation in the penal system, and a lack of cultural appropriateness in legal proceedings. Following the presentation is a discussion between Mandamin and Commissioners Blakeney and Chartrand on some of these issues.

File contains a presentation by Tony Murdoch and Con Graham of the Battlefords Adult Diversion Project. Murdoch delivers a presentation describing the project which exists to reconcile non-dangerous adult offenders with their victims under the direction of a mediator. Murdoch describes the program and its success, as well as the ethnic makeup of the participants (roughly 50% Non-Aboriginal and 50% Aboriginal). Following the presentation Murdoch discusses the program and its particulars with Commissioners Blakeney and Erasmus.

File contains a presentation by Wilson Plain. Plain, an Aboriginal Community Liaison and Resource Co-ordinator with Corrections Canada discusses his own work, community based justice, and rehabilitation concerns. Following the presentation Commissioner Erasmus discusses some of the issues raised with Plain.

File contains a presentation by Zebedee Nungak. Nungak discusses traditional justice amongst the Inuit, and the impact of colonial justice systems on their communities.

This file contains a portion of Volume 2 of a sitting of the Royal Commission on Aboriginal Peoples at Akwesasne Mohawk School, Cornwall Island, Ontario. This portion of the Volume includes a presentation given by Grand Chief Mike Mitchell, Grand Chief Joe Norton of Kahnawake, Gordon Peters from Chiefs of Ontario and attorney Micha Menczer on the subject of border crossing rights.

File contains an open round table discussion on Aboriginal justice issues in Canada with 34 participants. The theme of the discussion is whether the existing justice system can be remodelled to fit the needs of Aboriginal peoples, and examining the development of culturally appropriate dispute resolution mechanisms. Following the discussion is a closing prayer (pg. 548).

File contains an open round table discussion on Aboriginal justice issues in Canada with 24 participants. The theme of the discussion is the creation of a separate Aboriginal justice system(s), what such a system(s) would deal with, and whether it would be possible to establish such a system(s) under the current Constitutional framework.

Discusses the lack of tribal jurisdictional sovereignty required to protect Indigenous female populations in the United States.

Nine elders in discussion at Saddle Lake Reserve. They talk about aspects of life before contact with whites, Treaty #6, the history of amalgamations and land sales, and a traditional story of a boy raised by buffalo.

Looks at Aboriginal women's human rights, women and customary law, and experiences with mainstream law.

Describes how marriages were conducted "in the custom of the country". Written in response to a letter from F.W. Chesson of the Aborigines Protection Society which made the allegations.

Chapter in book: Rendezvous of Europe Legal Cultures edited by Jørn Øyrehagen and Knut Skodvin. Looks at Sámi legal history based on customs.

Examines the difficulties involved in reconciling tikanga Māori (traditional law) which is based on whanaungatanga (familial relationships), whakapapa (lines of descent) and iwi (tribes), and contemporary New Zealand law which has its basis in individualism.

Discusses issues of secrecy, proof and confidentiality that surround Aboriginal Customary Law. For example - when a matter comes before a court, the court can only act on information that is communicated to it and then tested by both parties. Thus there will be circumstances in which Aboriginal people need to choose whether to disclose secret material to the courts as a price paid for seeking the benefit or protection of the general law.

Analyzes 30 stories and conversations with community members to articulate the First Nation's legal principles with respect to: territorial and harvesting protocols and practices; establishing and maintaining agreements and conflict resolution; decision making; relationships, responsibilities and rights; and consequences, enforcement and teaching. Uses individual traditional stories as a foundation for case briefings.