Indigenous Legal Orders & Traditions

Overview of the legal consequences of mixed-marriages from the perspective of Anglo-American and Indian law.

Author contends that the destabilization of Aboriginal families is caused by social service policies, provincial family legislation and the actions of the Canadian judiciary.

Criminology Thesis (M.A.)--Simon Fraser University, 1987.

Looks at the use of British sovereignty over Indigenous criminal jurisdiction in Australia as opposed to Canada, United States and New Zealand, where localized methods are used.

Studies the history of Australian citizenship and marriage laws.

Report's goal is to highlight of some of the most important, systemic issues and provide examples.

Activist argues that rather than rely on Canadian law, the principles of Indigenous law, with their emphasis of reciprocal relationships, should be used to support sex workers' safety and agency. Duration: 34:12.

Discusses how First Nations customary environmental laws and their contemporary interpretation of them will enhance protection devised by the courts or the legislatures.

Discusses environmental laws and the norms and practices that Indigenous people follow in their relationship with other species and the environment.

Discusses various Indigenous environmental laws and looks at the governance of those laws.

Explains an Indigenous the democratic political system Gadaa. Includes suggestions on how to include the values and principles of the system.

Questions whether Indigenous governments are true governments.

Lists works written by Indigenous authors published between 2000 and 2018. Focuses on substantial books, articles and book chapters on original primary historical research, research methodology and historiography.

Discusses the adoption of United Nations Declaration on of Indigenous Peoples (UNDRIP) and self-determination. To access this article, scroll down to page 76.

Looks at characteristics of traditional legal order in Eastern Canada and Nunavut.

Overview of the development of local systems of justice, based on harmony and balance, from within the larger state system. To access this article, scroll down to page 70.

Covers use of guide, the video presentations and discussion questions. Videos.

Suggests several strategies that aboriginal peoples might consider for research relating to their land, environment, resources and non-human life forms.

Looks at definitions of Indigenous law, personal experience with Annishinabek legal traditions, and integrating legal traditions into law school curriculum.

Topics covered are: characteristics of traditions, examples of law (Hodinohso:ni, Anishinabek, Cree, Métis, Carrier, Nisga’a, Inuit, Mi'kmaq), multi-juridical legal culture, challenges and opportunities in recognizing Indigenous traditions, and entrenching multi-juridicalism in Canada.

Contextualizes the recovery of legal traditions by looking at past, present and future debates about Indigenous laws, and looks at one example of a legal concept, the wetiko or windigo which describes people who are harmful or destructive to others. Chapter in book: The Oxford Handbook of Criminal Law edited by Markus D. Dubber and Tatjana Hornle.

Provides examples of the positive moves promoting and protecting indigenous peoples' traditional system of governance to retain traditional ways of life. To acces this article, scroll down to page 38.

Book review of: Indigenous Peoples and the Law edited by Benjamin J. Richardson, Shin Imai and Kent McNeil.

Extensive list (335 pages).

"with additions made in September 2022".

Compares legal beliefs regarding land and identity between the First Nations in Canada and the Sámi in Norway.

Describes the last large battle that between the Nehiyawak (Cree nation) and the Niitsitapi or Siksikaitsitapi (Blackfoot Confederacy)—Kainai (Blood), Siksika (Blackfoot), Piikani (Piegan)—and compares the two nations oral histories of the event, highlighting the difference in the perception of events, but the agreement in the final outcome. Entire Issue on one .pdf, scroll to page 15.

Summarizes presentations and discussions held at the National Indigenous Identity Forum about issues involved when post-secondary institutions are attempting to verify claims of identity. Attendance was by invitation only and limited to First Nations, Métis, Inuit students, staff, faculty, kêhtê-ayak (Elders), and leaders.

Focus on four regimes: customary rights, certificates of possession under the Indian Act, First Nations Land Management Act, and leases.

Explores the terms of individualism and collectivism as they relate to First Nations people.

Discusses tribal government's ability to exercise jurisdictional control. Sociology and Legal Studies Capstone Experience Manuscript--Commonwealth Honors College, 2011.

Discusses customary rights and responsibilities with respect to three areas: private advice-/knowledge, inherited ritual/ceremonial property (rituals, songs, stories, etc.) and House property (hereditary names, songs, stories).

Includes transcripts of papers, speeches and panel discussions.

Law Thesis (LL.M.)--University of Saskatchewan, 2000.

Paper given at the NTBA Dili Conference, July 10- 12, 2014 in association with the School of Law, [Charles Darwin University: 'Common Issues: Common Solutions'.]

Law Thesis (L.L.M.)--University of British Columbia, 1996.

Discussion of the 1990 U.S. Supreme Court ruling that a tribal court may not assert criminal jurisdiction over a non member Native American. Provides historical context for extending law over those within their "community."

Law Thesis (LLM)--University of British Columbia (Vancouver), 2014.

Introduces this issue of the journal; stresses the issue’s focus on settler colonial discourses which racialize, regulate and dismiss Indigenous cultures, ontologies, social/spiritual practices, and bodies. Notes the resulting effect of dispossession and depoliticization of Indigenous peoples.