Indigenous law & Legal Traditions Resources
The relationship between Indigenous Peoples and the Canadian legal system is complex and problematic. It is one in which First Nations were forced to live under Canadian law, but were not allowed to use its mechanisms in defense of themselves and their rights. This is why it is so significant that the Truth and Reconciliation Call to Action 50 instructs the Canadian federal government to do all it can to support and promote Indigenous law. These are actually the original legal traditions of the people living on this land. They have an even longer and richer history, stretching back millenia before there was a Canada, one that can inform a new, healthier relationship between Indigenous and non-Indigenous people.
“What’s interesting is to think of Treaty not as something that is connected to settlers, but a longstanding diplomacy. Treaties have been made for thousands of years...within Nations, between different Nations...It is about an agreement to work together, to be in relationship, and ultimately about the goal of living well side by side.”
Articles
“Canadian Indigenous Law,” Wikipedia
“Creating a space for Indigenous laws to flourish,” Bridgette Pellerin, Canadian Bar Association
“Indigenous Law & Canadian Courts,” Kate Gunn and Cody O'Neil, First People’s Law
“The Justice System and Aboriginal People: An Historical Overview,” The Aboriginal Justice Implementation Commission
“Revitalizing Indigenous Laws,” Tansi Nîtôtemtik, Reconciliation YEG
“What is Indigenous Law? A Small Discussion,” Val Naploean
Videos
Other Resources
Indigenous Law Research Unit, University of Victoria
Indigenous Legal Traditions, edited by the Law Commission of Canada
Otter’s Journey through Indigenous Language and Law, Lindsay Keegitah Borrows, UBC Press
Revitalizing Indigenous Law: Our Shared Responsibility, Andrea Menard LLB LLM of Indigenous Connect
NOTE: The Indian Act significantly shaped and limited Indigenous rights and place within the legal system throughout the history of Canada. Refer to our resource page on The Indian Act to learn more.
Image detail: Screen capture from Episode 2, Season 1 TREATY ROAD.