Indigenous Legal Orders & Traditions

Displaying 151 - 200 of 546

Fieldwork in Courtroom 53: A Witness to Delgamuukw v. B.C.

Articles » Scholarly, peer reviewed
Author/Creator
Robin Ridington
BC Studies, no. 95, Anthropology and History of the Courts, Autumn, 1992, pp. 12-24
Discusses court case and Justice Allan McEachern's rejection of expert testimony showing Aboriginal land ownership through oral histories.
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File Hills Agency Interview #3

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
D.G. (Dr.) Mandelbaum
pieciwhathamo (Sing Like Thunder)
Indian History Film Project
Consists of an interview where Chief Black Bear's story is told by his son Pikats (this is his nickname, meaning unknown).
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Fine Day Interview #2

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
D.G. (Dr.) Mandelbaum
Fine Day
Indian History Film Project
Consists of an interview where Fine Day describes the punishment for violation of their hunting code. He also describes the selection and duties of ceremonial officers and the use of buffalo pounds.
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Fine Day Interview #32

Alternate Title
Indian History Film Project
Oral History » Oral Histories
Author/Creator
D.G. (Dr.) Mandelbaum
Fine Day
Indian History Film Project
Consists of an interview where he gives a description of punishment for violation of the hunting code. He also gives a brief description of saddle making.
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First Nations Legal Traditions and Customary Laws and the Human Rights Complaint Process: A Story, Reflections, Questions, Suggestions and an Offering

Alternate Title
Final Paper: Aboriginal Human Rights Project
Documents & Presentations
Author/Creator
Aboriginal Human Rights Project
Final report for the “Aboriginal Human Rights Project” explains how the Tsleil-Waututh Community and Elders came up with ways to address human rights complaints within the community by incorporating legal traditions and customary law.
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Folk Law and Contemporary Coast Salish Tribal Code

Articles » Scholarly, peer reviewed
Author/Creator
Bruce G. Miller
American Indian Culture and Research Journal, vol. 19, no. 3, 1995, pp. 141-164
Focuses on how Aboriginal people themselves approach the incorporation of folk law.
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Free Knowledge: Confronting the Commodification of Human Discovery

Alternate Title
[Gnaritas Nullius (No One's Knowledge): The Essence of Traditional Knowledge and Its Colonization through Western Legal Regimes]
[Indigenous Knowledge: A K’iche-Mayan Perspective]
[Renegotiated Relationships and New Understandings: Indigenous Protocols]
E-Books
Author/Creator
Joel Westheimer
Sally Mahood
Arthur Schafer
Claire Polster … Lorenzo Barreno
Gregory Younging
Jane Anderson … [et al.]
See Part 3: "Knowledge Sovereignty: Indigenous Resistance and Resiliencies".
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From Blood Feud to Jury System; The Metamorphosis of Cherokee Law from 1750 to 1840

Articles » Scholarly, peer reviewed
Author/Creator
Michelle Daniel
American Indian Quarterly, vol. 11, no. 2, Spring, 1987, pp. 97-125
Looks at the evolution of the Cherokee legal system, from traditional blood feuds to a traditional tribal court system. However, the signing of the New Echota Treaty in 1835 saw the return to blood feuds within the Cherokee Nation.
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The Fundamental Laws: Codification for Decolonization?

Articles » Scholarly, peer reviewed
Author/Creator
Lloyd L. Lee
Decolonization, vol. 2, no. 2, 2013, pp. 117-131
Discusses how ancestral law and traditional practices of the Diné are understood and applied by the Navajo Nation Council and other cultural and environmental organizations.
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Further Reading: [Book Reviews]

Book Reviews
Journal of Aboriginal Health, vol. 1, no. 1, Governance of Aboriginal Health, January 2004, pp. 52-53
Book reviews of: The Coming of the Spirit of Pestilence: Introduced Infectious Diseases and Population Decline Among Northwest Coast Indians, 1774-1874 by Robert Boyd and Doing Things the Right Way: Dene Traditional Justice in Lac La Martre, N.W.T. by Joan Ryan.
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Gender inside Indigenous Law Casebook

Documents & Presentations
Author/Creator
Darcy Lindberg
Jessica Asch
Includes stories that are used in the Gender Inside Indigenous Law Toolkit to teach methods of engaging with stories as law or work with critical issues surrounding gender. Divided into three parts: stories, case briefs to be used with toolkit, and feminist legal analysis of stories.
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Gender Inside Indigenous Law Toolkit

Documents & Presentations
Author/Creator
Darcy Lindberg
Jessica Asch
Designed to provide facilitators with basic background, lessens and activities to generate discussions about Indigenous law and issues around gender.
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Glimpses into the Laws and Governance of the Historic Métis Nation

Alternate Title
McKercher LLP Lecture Series
Wunusweh Lecture in Aboriginal Law ; 2022
Media » Film and Video
Author/Creator
Jean Teillet
Prominent Métis lawyer and author of The North-West Is Our Mother: The Story of Louis Riel's People, the Métis Nation discusses the history of Métis law-making and diplomacy. Duration: 38:34.
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Glossary of Key Terms Related to Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Culture

Documents & Presentations
Author/Creator
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Terms and definitions drawn from national and regional laws, multilateral instruments, other organizations and processes, and World Intellectual Property Organization (WIPO) documents.

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The Good Mind and Trans-Systemic Thinking in the Two-Row Poems of Mohawk Poet Peter Blue Cloud

Articles » Scholarly, peer reviewed
Author/Creator
Daniel Coleman
Studies in American Indian Literatures, vol. 31, no. 1-2, Spring-Summer, 2019, pp. 54-82
Discusses the Two-Row poetry of Peter Blue cloud by comparing it to the Haudenosaunee Two-Row Wampum, and then uses “trans-systemic” analysis to map out the importance of two-row thinking for changing the relationship between Indigenous and settler-colonial legal regimes.
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The Half-Breed "Rising" of 1875

Articles » Scholarly, peer reviewed
Author/Creator
George F. G. Stanley
Canadian Historical Review, vol. 17, no. 4, December 1936, pp. 399-412
Discusses circumstances leading to the establishment of a provisional government at St. Laurent, Saskatchewan and how conflict among the Métis was misinterpreted as aggression.
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Happiness as a Quality of Life Indicator

Articles » General
Author/Creator
Alberto Chirif
Indigenous Affairs, no. 1-2, Development and Customary Law, 2010, pp. 64-69
Discusses measuring the concept of happiness by considering the indicators that national and international organizations use to measure poverty or development. To access this article, scroll down to page 64.
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Healing as Justice: The American Experience

Articles » General
Author/Creator
Rupert Yazzie
Justice as Healing, Spring, 1995, p. [?]
Navajo common law seeks justice by offering healing. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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Hoist Them on Their Own Petard

Articles » General
Author/Creator
James W. Zion
Justice as Healing, Fall, 1995, p. [?]
Compares and contrasts some fundamental distinctions between customary law and common law. Note: This is a sample article from the publication. Subscriptions are available from the Native Law Centre.
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How Did Adoption Become a Dirty Word? Indigenous Citizenship Orders as Irreconcilable Spaces of Aboriginality

Articles » Scholarly, peer reviewed
Author/Creator
Kahente Horn-Miller
AlterNative, vol. 14, no. 4, Special Issue: Adoption and Indigenous Citizenship Orders, December 2018, pp. 354-364
Examines the complexity of identity and community belonging in the context of the Indian Act, colonial influence, Indigenous kinship systems, contemporary spaces, and the 2016 revision of Kahnawà:ke Law on Membership regarding adoption.
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How to Read Aboriginal Legal Texts From Upper Canada

Articles » Scholarly, peer reviewed
Author/Creator
Mark D. Walters
Journal of the Canadian Historical Association, vol. 14, no. 1, New Series, 2003, pp. 93-116
Uses a case study of aboriginal written law enacted in 1830 by the chief and council of the Mississaugas of Credit River to illustrate four different ways of interpreting a document.
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Imaginary Passports or the Wealth of Obligations: Seeking the Limits of Adoption into Indigenous Societies

Articles » Scholarly, peer reviewed
Author/Creator
Darcy Lindberg
AlterNative, vol. 14, no. 4, Special Issue: Adoption and Indigenous Citizenship Orders, December 2018, pp. 326-332
Examines the nuances of adoption into Aboriginal communities within the frameworks of Nêhiyaw (Cree) law, and wahkotowin (laws of kinship). Discusses how a lack of knowledge on the part of the adoptee can lead to appropriation and extraction of Indigenous knowledge.
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