Indigenous Legal Orders & Traditions

Excerpt from Appendix 3 of the Interim Report of the Hollow Water First Nations Community Holistic Circle Healing describing their activities from 1993-94. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.

Discusses the establishment of a community-based credit union as an example of a self-determined development model implemented by the peoples of Kalimantan. To access this article, scroll down to page 28.

Author examines Igloolik Isuma's film as a formal and deliberate illustration of Inuit legal culture, legal practitioners, and legal principles; argues that Isuma places these elements of the Inuit legal system in conversation with the systems of contemporary justice in Canada.

Chief negotiator of the Indian Residential Schools Settlement Agreement for the Assembly of First Nations discusses personal experiences and important role the Assembly played.

Forms part of Bulletin of the American Museum of Natural History, v.17 (p.381-498).

Statistics show there is a breakdown of Indigenous community and family due to an erosion of traditional, customary law functions that address behavior. Looks at recognition of Aboriginal title using various cases as examples.

Human and Social Development (M.A.)--University of Victoria, 2007.

Law Thesis (Ph.D.)--University of Victoria, 2014.

Arts Thesis (M.A.)--University of Ottawa, 1996.

Critical paper which uses international Human Rights Law to examine the legal arguments made by Vizenor in his 1991 novel; discusses the relationship between Indigenous speculative fictions (SF) and international law at the end of the twentieth century.

Speech given by Joseph Gosnell about the Nisga'a Treaty.

Discusses the protection of rights through the intersection of customary law and state regulation. To access this article, scroll to page 84.

Reports on current legal and associated services offered in the state, government initiatives addressing family violence, and results from consultations about experiences with the legal system.

History Thesis (M.A.)--The University of Manitoba, 2000.

Forty Anishinabek stories from Nawash Unceded First Nation # 27 were used in the research of principles.

Comments on R v. Vanderpeet [1996] S.C.R. 507; R. v. N.T.C. Smokehouse Ltd., [1996] 2 S.C.R. 672 and R. v. Gladstone [1996] 2 S.C.R. 723 (Sept. 1997).

Looks at precedent setting cases involving First Nations women and their struggle for self -determination.

The speaker tells of the difficulties he has encountered in meeting with other Indians to discuss violations of Treaty #8.

Article examines Supreme Court of Canada decision in the landmark case to see to what extent judges gave equal weight to Indigenous legal traditions. Legislation and Cases Cited: Canadian Charter of Rights and Freedoms Constitution Act, 1867, Constitution Act, 1982, Forest Act, R.S.B.C. 1996 Royal Proclamation (1763)

Law Thesis (LL.M.)--The University of British Columbia, 1988.

Concentrates on the complex relationship between fur traders and the Salish nations residing in the Columbia and Fraser River valleys.

Discusses the intent of Aboriginal justice to restore social cohesion and harmony rather then seek retribution or deterrence.

Law Thesis (M.LL.)--University of Victoria, 2009.

Author uses experiences with decentralized societies in western Canada to understand Indigenous legal orders and law.

Outlines cultural assumptions of the Canadian justice system in contrast with Aboriginal conceptions of justice and argues that Canada must implement the recommendations of the Royal Commission on Aboriginal Peoples to neutralize the impact of criminal law on Aboriginal peoples.

Philosophy Thesis (Ph.D.)--McGill University, 1997.

Article considers three Māori communities and the endurance and resilience they have demonstrated in maintaining their unique peace traditions in the face of opposition from both Western and Māori cultures of violence.

Lakota family violence expert and one of the founders of the White Buffalo Calf Woman Society, speaks at the Northern Michigan University's Uniting Neighbors in the Experience of Diversity (UNITED) Conference on September 23, 2008.

Text address given by member of litigation team, at the University of British Columbia, 9 April 1991, about testimony at the Delgamuukw court case.

Interdisciplinary Studies (M.A.)--York University, 2003.

Anthropology Thesis (Ph.D.)--Harvard University, 1998.

Discuss the cultural aspects of the trial and execution of two Inuit men for murder in 1923.

Discusses: typical mechanisms, community-based justice models, and processes derived from Indigenous legal traditions; governance, community and participant considerations for discussion; and guiding questions and building blocks. Includes examples of existing models and how they function.

English Thesis (Ph.D.)--University of Oregon, 2001.

Report draws on the findings of 28 knowledge synthesis reports, and insights from exchanges between researchers and leaders from Indigenous communities and the public, private and non-profit sectors. Results are listed under six themes: Indigenous research; arts, language and culture; teaching and learning; community and social well-being; economic self-determination and business; self-governance, Indigenous law and resource rights.

Series of brief documents which provide information on issues and topics relating to intellectual property, genetic resources, and traditional cultural expressions and knowledge.

Provides a legal and policy framework that allows participation by Indigenous local communities (ILCs) to access the economic potential of traditional knowledge.

Interdisciplinary Studies (M.A.)--University of Victoria, 2002.

Search of literature published between 2010 and 2016 which focused on either Alberta or Canada produced 44 results. Results are arranged under the headings interconnected worldview, development of legal traditions, positive individual and collective identity, and self-determination.

Developed for use in Law 30 classes in conjunction with Treaties and the Law: Information Backgrounder.