Indigenous legal traditions in Canada
Date
2006
Authors
Borrows, John
Journal Title
Journal ISSN
Volume Title
Publisher
Law Commission of Canada
Abstract
The discussion of the Métis demonstrates the written nature of certain Indigenous legal traditions, through the Law of Hunt to the organization of the Red River Provisional Government. [...] The recognition of the role of choice and moral agency in the development of legal traditions is also significant for the continued growth of Indigenous law. [...] The development and iv relationship of civil law and common law point the way to the extension of Indigenous legal traditions. [...] It commented: “The assessment and interpretation of the historical documents and enactments tendered in evidence must be approached in the light of present day research and knowledge disregarding ancient concepts formulated when understanding of the customs and culture of our original people was rudimentary and incomplete and when they were thought to be wholly without cohesion, laws or cultures, [...] Affirming Indigenous legal traditions would expand and improve the rule of law in the country, and benefit Aboriginal peoples and our society as a whole.
Description
Keywords
government, education, politics, school, Canada, civil law, common law, culture, customary law, government information, Indigenous peoples, law, judge, legal, court, Native peoples, judiciary, trial (court), Delgamuukw, Delgamuukw v. British Columbia, Métis, Anishinabek, custom (law), wampum, Ojibway, Hiawatha, positivistic, Chippewa
Citation
Borrows, John (2006). Indigenous legal traditions in Canada. Law Commission of Canada. https://canadacommons.ca/artifacts/1208955/indigenous-legal-traditions-in-canada/1762065/