HOME

TheInfoList



OR:

Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Canadian aboriginal law is different from Indigenous Law. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canada original
territories A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
of over 900 different
Indigenous group Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
s, each using different Indigenous legal traditions.
Cree The Cree ( cr, néhinaw, script=Latn, , etc.; french: link=no, Cri) are a North American Indigenous people. They live primarily in Canada, where they form one of the country's largest First Nations. In Canada, over 350,000 people are Cree o ...
,
Blackfoot The Blackfoot Confederacy, ''Niitsitapi'' or ''Siksikaitsitapi'' (ᖹᐟᒧᐧᒣᑯ, meaning "the people" or "Blackfoot language, Blackfoot-speaking real people"), is a historic collective name for linguistically related groups that make up t ...
,
Mi'kmaq The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations people of the Northeastern Woodlands, indigenous to the areas of Canada's Atlantic Provinces and the Gaspé Peninsula of Quebec as well as the no ...
and numerous other
First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
;
Inuit Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territorie ...
; and
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
will apply their own legal traditions in daily life, creating contracts, working with governmental and corporate entities, ecological management and criminal proceedings and family law. Most maintain their laws through traditional governance alongside the elected officials and federal laws. The legal precedents set millennia ago are known through stories and derived from the actions and past responses as well as through continuous interpretation by elders and law-keepers—the same process by which nearly all legal traditions, from common laws and civil codes, are formed. While the many legal traditions appear similar in that none were codified, each has quite different sets of laws. Many laws stem from stories which in turn may stem from writings or markings, such as geographic features, petroglyphs, pictographs,
wiigwaasabak ''Wiigwaasabak'' (in Anishinaabe syllabics: , plural: ''wiigwaasabakoon'' ) are birch bark scrolls, on which the Ojibwa (Anishinaabe) people of North America wrote complex geometrical patterns and shapes, also known as a "written language." ...
oon and more.
Inuit Nunangat Inuit Nunangat (; Inuktitut syllabics: ; lit. "lands, waters and ices of the nuitpeople") is the homeland of the Inuit in Canada. This Arctic homeland consists of four northern Canadian regions called the Inuvialuit Settlement Region (I ...
's governance differs quite markedly from its many-nationed neighbour Denendeh, as Denendeh's diverse Dene Laws differ quite markedly from laws governing Lingít Aaní, Gitx̱san Lax̱yip or Wet'suwet'en Yin'tah; and, as those differ from
Haudenosaunee The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian Peoples, Iroquoian-speaking Confederation#Indigenous confederations in North America, confederacy of First Nations in Canada, First Natio ...
's, Eeyou-Istchee's or Mi'kma'ki's. One thing most Indigenous legal and governance traditions have in common is their use of
clan A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, mea ...
s such as Anishinaabek's doodeman (though most are matrilineal like Gitx̱san's Wilps).


Terminology


Indigenous law vs. Aboriginal law

Indigenous law refers to Indigenous peoples own legal systems. This includes the laws and legal processes developed by Indigenous groups to govern their relationships, manage their natural resources, and manage conflicts. Indigenous law is developed from a variety of sources and institutions which differ across legal traditions. Canadian aboriginal law is the area of law related to the Canadian Government's relationship with its
Indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
(
First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
,
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
and
Inuit Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territorie ...
). Section 91(24) of the ''Constitution Act, 1867'' gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the ''
Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
'', different
Numbered Treaties The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) ...
and outside of those Acts. ''Aboriginal peoples'' as a
collective noun In linguistics, a collective noun is a word referring to a collection of things taken as a whole. Most collective nouns in everyday speech are not specific to one kind of thing. For example, the collective noun "group" can be applied to people (" ...
is a specific
term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a partic ...
used in legal documents, including the ''
Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
''.


Indigenous self government


Indigenous legal traditions


Anishinaabe law

Anishinaabe The Anishinaabeg (adjectival: Anishinaabe) are a group of culturally related Indigenous peoples present in the Great Lakes region of Canada and the United States. They include the Ojibwe (including Saulteaux and Oji-Cree), Odawa, Potawa ...
laws stem from a large corpus of stories that create a narrative structure from which laws or ways of being (as a community and as an individual) were interpreted. These histories include tales of
Nanabozho In Anishinaabe ''aadizookaan'' (traditional storytelling), particularly among the Ojibwe, Nanabozho (in syllabics: , ), also known as Nanabush, is a spirit, and figures prominently in their storytelling, including the story of the world's creat ...
and a wide spectrum of other beings and peoples, and the moral implications and practical applications gleaned from them. Anishinaabe Law historically has interacted with the legal systems of other nations in examples like with the Gdoo-naaganinaa (Dish With One Spoon) Treaty made with the Haudenosaunee. The Atikameksheng Anishinawbek translate "law" as Naaknigewin.


Atikamekw law

Arising from their homeland,
Nitaskinan Nitaskinan is the ancestral homeland of the Atikamekw people. It is located in the valley of the Saint-Maurice River in Quebec, Canada. It covers an area of 80,000 km2 (30,000 sq. mi.) On 8 September 2014, the Conseil de la Nation Atikamek ...
, the Atikamekw Nation maintains a strong connection to their
language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of ...
and to their traditional legal system, called either irakonikewin or orakonikewin. Many differences arise between the English common law, the French civil code, and the Atikamekw irakonikewin, notably that of adoption, or ''opikihawasowin''. As of 2016, the governments of
Québec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
and the Atikamekw Nation are resolving differences in legal standings with regard to adoption procedures, which exists as a part of a larger scale effort at harmonizing the laws of and reconciling the Canadian State with Indigenous Nations.


Blackfoot law

The
Blackfoot The Blackfoot Confederacy, ''Niitsitapi'' or ''Siksikaitsitapi'' (ᖹᐟᒧᐧᒣᑯ, meaning "the people" or "Blackfoot language, Blackfoot-speaking real people"), is a historic collective name for linguistically related groups that make up t ...
term Akak′stiman can be translated as "law-making."


Dene law

Dene The Dene people () are an indigenous group of First Nations who inhabit the northern boreal and Arctic regions of Canada. The Dene speak Northern Athabaskan languages. ''Dene'' is the common Athabaskan word for "people". The term "Dene" ha ...
law describes the numerous legal traditions across the Dene homelands, collectively called Denendeh, whose territories include nations like the Gwich'in, Hän,
Kaska The Kaska or Kaska Dena are a First Nations people of the Athabaskan-speaking ethnolinguistic group living mainly in northern British Columbia and the southeastern Yukon in Canada. The Kaska language, originally spoken by the Kaska, is an Athaba ...
, Tutchone,
Sahtu The Sahtú or North Slavey (historically called ''Hare'' or ''Hareskin Indians'') are a Dene First Nations people of the Athabaskan-speaking ethnolinguistic group living in the vicinity of Great Bear Lake (''Sahtú'', the source of their ...
,
Dane-zaa The Dane-zaa (ᑕᓀᖚ, also spelled Dunne-za, or Tsattine) are an Athabaskan-speaking group of First Nations people. Their traditional territory is around the Peace River in Alberta and British Columbia, Canada. Today, about 1,600 Dane-zaa res ...
, Dene Thá,
Tłı̨chǫ The Tłı̨chǫ (, ) people, sometimes spelled Tlicho and also known as the Dogrib, are a Dene First Nations people of the Athabaskan-speaking ethnolinguistic group living in the Northwest Territories of Canada. Name The name ''Dogrib'' ...
, and Dënësųłı̨né, amongst others. Across Dene nations, it is understood that Dene laws were enacted by the cultural hero or heroes: Yamoria and Yamozha, often called the Great Lawmaker(s). Dene legal principles generally rest on the three foundations of equality, sharing, and reciprocity, as well as an interdependence on human and nonhuman life forces. Legally and conceptually, Dene do not distinguish between human and nonhuman beings such as ravens, caribous, trees, lakes, and mountains. Interpreted stories often see Dene and nonhuman animals working together to find mutually beneficial solutions. Indeed, there exists an almost treaty-like relationship between humans and many other beings, creating obligations on nonhuman animals and other beings to share their gifts with humans as humans are obligated to show respect through conservation and gratitude. For example, Dene law stipulates that humans travelling across country must pay for their passage in the form of gifting things to waterways, landforms, and other beings such as ancestors. Further, conceptions of care differ between Dene and English legal and social systems, particularly with children maturing in different social and environmental situations such as through apprenticeships and dutiful listening to storytellers. The differences between English law and Dene law have created significant friction between the Dene Nations and the Canadian State. One example is the rupturing of intergenerational transmission of law due to residential schools separated children from their social (and legal) frameworks. Another is the difference in conservation understandings: Under common law, the Northwest Territories Ministry of Environment and Natural Resources sometimes promotes single-sex hunting activities, with posters detailing how to distinguish male from female caribou, directing hunters to target the males. English law, concerning the reproductive abilities of the herds, considers sex-selected hunting to be more sustainable whereas Dene law sees the potential in a rupture of knowledge transferral similar to killing off all the elder men of a community. In contrast with the paternalistic English legal system wherein humans must oversee and conserve other species, the Dene worldview stresses the agency of nonhuman beings. This results in situations where beings hunted or fished which, under English territorial law, must be left alone or thrown back clashes with the Dene legal institution of beings giving themselves to the hunters. As there exist many languages and cultures across Denendeh, so too are Dene legal systems called differently from one territory to the next. For example, Tłı̨chǫ refer to Dene law as Dǫ Nàowoòdeè, Dena ÁʼNezen refers to Kaska law, Dene Zhatıé law and stories is called Mek’ı̨́ı̨́ Dene Ts’elı̨ & Megǫndıé.


Eeyou/Eenou law

The modern legal system of Eeyou Istchee has developed out of contact with the Canadian State, the province of Québec, and from the historical, traditional Eeyou ᐄᔨᔨᐤ or Eenou Eedouwin ᐄᓅ ᐃᐦᑐᐎᓐ (the Eeyou/Eenou way of doing things).


Gitanyow law

The legal system of the
Gitanyow Gitanyow is an Indian reserve, Indian reserve community of the Gitxsan people, located on the Kitwanga River 8 km south of Kitwancool Lake, at the confluence of Kitwancool Creek. The community is located on Gitanyow Indian Reserve No. 1. Gi ...
is called Gitanyow Ayookxw.


Gitx̱san law

The Gitx̱san set of laws is known as Ayokim Gitx̱san, Ayookim Gitx̱san, Ayookw, or Ayook. Forming the most fundamental core of Gitx̱san society are the
matrilineal Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's lineage – and which can involve the inheritance ...
"Houses" or ''wilphl Gitx̱san'', also called "''Huwilp''" (sing.: ''Wilp''), which are each associated with one of the four ''P'deeḵ'', or
clan A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, mea ...
s: '' Lax̱gibuu'' (Wolf), ''Lax Seel'' or '' Lax Ganeda'' (Raven/Frog), '' Giskaast'' (
Fireweed ''Chamaenerion angustifolium'' is a perennial herbaceous flowering plant in the willowherb family Onagraceae. It is known in North America as fireweed, in some parts of Canada as great willowherb, in Britain and Ireland as rosebay willowherb. ...
), and '' Lax Skiik'' (Eagle). Gitx̱san authority and jurisdiction, or ''Dax̱gyat'', manifests through the wilphl Gitx̱san and their relationships with the ''Lax̱yip,'' their territories. Gix̱san Lax̱yip, or Gitx̱san Country, maintains clear and distinct territorial jurisdictions associated with specific Huwilp, which are known and affirmed through what can be translated as treasures or inheritances, the ''gwalax̱ yee’nst''. The gwalax̱ yee'nst essentially define a Wilp, as these include not only the tangible, like one's ''wilnaatahl'' (or close relatives) and ''lax yiphl wilp'' (the lands and resources related to the Wilp), but also the intangible, such as
potlatch A potlatch is a gift-giving feast practiced by Indigenous peoples of the Pacific Northwest Coast of Canada and the United States,Harkin, Michael E., 2001, Potlatch in Anthropology, International Encyclopedia of the Social and Behavioral Scie ...
seat names and the ''adaawx'' (
oral histories Oral history is the collection and study of historical information about individuals, families, important events, or everyday life using audiotapes, videotapes, or transcriptions of planned interviews. These interviews are conducted with people wh ...
), including "associated animal crests, symbols, ''limx oo’y'' (time immemorial songs), ''limx sinaahl'' (breath songs) and ''limx nox nok'' (spirit songs)." The whole of Gitx̱san society is woven together through the Ayookim Gitx̱san which dictate "the conduct of the Gitx̱san Huwilp around inheritance, marriage, adoption, access to property, trespass, injury, redress of injury," as well as citizenship, use of resources, conduct at potlatches, etc. The backbone of the Ayookw are the adaawx (also spelled "''adaawk''") which sustain evidence for land ownership and social organization. And, much like other coastal Cascadian
First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
, the central core political institution is the
potlatch A potlatch is a gift-giving feast practiced by Indigenous peoples of the Pacific Northwest Coast of Canada and the United States,Harkin, Michael E., 2001, Potlatch in Anthropology, International Encyclopedia of the Social and Behavioral Scie ...
, or ''liligit''. "The ''Wilp Li’iliget'' is the Feast House and is seen as the Gitx̱san Parliament Building," and the "''li’iliget'' take on different formats pending the type of Gitx̱san business or obligation to be fulfilled." Contemporarily, the Gitx̱san Nation has dealt with a fracturing political structure where the
Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
band councils (with jurisdiction solely over the
reserve Reserve or reserves may refer to: Places * Reserve, Kansas, a US city * Reserve, Louisiana, a census-designated place in St. John the Baptist Parish * Reserve, Montana, a census-designated place in Sheridan County * Reserve, New Mexico, a US ...
lands) exists in contention with traditional governance structures. As such, and following the momentous 1997 Delgamuukw-Gisday’wa case, the wilphl Gitx̱san have coalesced into the Gitx̱san Huwilp Government. Although the adaawk were not accepted as testimonial evidence during the Delgamuukw-Gisday'wa case, the precedence was set such that the "admissibility f oral historiesmust be determined on a case-by-case basis." Rather than rendering inadmissible adaawx and other oral histories, there are now more defined structures by which such lines of evidence are accepted in Euro-Canadian courthouses. The current restructuring of the Canadian legal environment is resulting in a relative re-empowerment of Gitx̱san Ayookim and governance, alongside other Indigenous legal structures.


Haisla law

Haisla Nuuyum, or the Haisla way of life & laws, denotes and dictates ways of interacting within Haisla Country and alongside neighbouring territories and settled nations. The Nuyuum underpins historical and contemporary forms of leadership, like the Chief and Council governing system, and guides governing responsibilities across the nation.


Haudenosaunee law

As the oldest, continuously functioning
representative democracy Representative democracy, also known as indirect democracy, is a type of democracy where elected people represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of represe ...
in the world, the Iroquoian Six Nations of the Longhouse, or the
Haudenosaunee The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian Peoples, Iroquoian-speaking Confederation#Indigenous confederations in North America, confederacy of First Nations in Canada, First Natio ...
, confederated in an estimated 1142 C.E. through the enacting of the Great Law of Peace (or ''Kaianere’kó:wa'' in Kanienʼkéha). The uniting of the original five nations (the Onödowáʼga:/Seneca, the Gayogo̱hó:nǫʼ/Cayuga, the Onyota'a:ka/Oneida, the Onöñda’gaga’/Onondaga, and the Kanienʼkehá:ka/Mohawk), and thus the core legal framework, is recounted orally from the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
al
wampum Wampum is a traditional shell bead of the Eastern Woodlands tribes of Native Americans. It includes white shell beads hand-fashioned from the North Atlantic channeled whelk shell and white and purple beads made from the quahog or Western Nor ...
, and is symbolized by the
Tree of Peace The Iroquois Tree of Peace finds its roots in a man named Dekanawida, the peace-giver. The legends surrounding his place amongst the Iroquois (the Haudenosaunee) is based in his role in creating the Five Nations Confederacy, which consisted of ...
, the
eastern white pine ''Pinus strobus'', commonly called the eastern white pine, northern white pine, white pine, Weymouth pine (British), and soft pine is a large pine native to eastern North America. It occurs from Newfoundland, Canada west through the Great Lake ...
. The laws are transmitted by means of symbolic wampum and are divided into 117 articles in total. The transmission is done yearly by orally recounting the confederation narrative. This narrative conveys the travels and history of the
Great Peacemaker The Great Peacemaker (''Skén:nen rahá:wi'' kʌ̃.nːʌ̃.ɾahaːwiin Mohawk), sometimes referred to as Deganawida or Tekanawí:ta (as a mark of respect, some Iroquois avoid using his personal name except in special circumstances) was by tradi ...
, Jigonhsasee, and
Hiawatha Hiawatha ( , also : ), also known as Ayenwathaaa or Aiionwatha, was a precolonial Native American leader and co-founder of the Iroquois Confederacy. He was a leader of the Onondaga people, the Mohawk people, or both. According to some account ...
as they brought peace to Haudenosaunee Country. Through them, governmental structures and legal institutions were created to metaphorically, socially, economically, and concretely unite families. As such, nations are conceived as elder and younger brothers, and when asked how this new structure would work, the Peacemaker replied, "It will take the form of the longhouse in which there are many hearths, one for each family, yet all live as one household under one chief mother. They shall have one mind and live under one law. Thinking will replace killing, and there shall be one commonwealth."


Inuit law

Traditional forms of
Inuit Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territorie ...
justice understand the interconnected nature of things. Leaders and Elders do not see themselves as agents of social control or law and order, as each individual contributes to the functioning of the community. The word for Inuit Law in
Inuktitut Inuktitut (; , syllabics ; from , "person" + , "like", "in the manner of"), also Eastern Canadian Inuktitut, is one of the principal Inuit languages of Canada. It is spoken in all areas north of the tree line, including parts of the provinces o ...
is ᐃᓄᐃᑦ ᖃᐅᔨᒪᔭᑐᖃᖏᑦ ''Inuit Qaujimajatuqangit'' from the root "''qaujima-'' ᖃᐅᔨᒪ-" meaning "to know," and could be literally translated as "that which has long been known by Inuit." It is also rendered as ''Qauyimayatuqangit'' (ᖃᐅᔨᒪᔭᑐᖃᖏᑦ) or ᖃᐅᔨᒪᓂᑐᖃᖏᑦ ''Qaujimanituqangit''. There are three legal subsets, where the
angakkuq The Inuit angakkuq (plural: ''angakkuit'', Inuktitut syllabics ᐊᖓᑦᑯᖅ or ᐊᖓᒃᑯᖅ; Inuvialuktun: '; kl, angakkoq, pl. ''angakkut'') is an intellectual and spiritual figure in Inuit culture who corresponds to a medicine man. Oth ...
(or
medicine man A medicine man or medicine woman is a traditional healer and spiritual leader who serves a community of Indigenous people of the Americas. Individual cultures have their own names, in their respective languages, for spiritual healers and cerem ...
) of the community facilitates: * ''tirigusuusiit'', things to avoid * ''maligait'', things to follow * ''piqujait'', things to do If these three are not obeyed, then the angakkuq may need to intervene with the offending party in order to avoid harmful consequence to the person or group. Breaking these laws or taboos was seen as the cause of misfortune, such as bad weather, accidents, or unsuccessful hunts. In order to pinpoint the cause of such misfortune, the angakkuq would undertake a spirit-guided journey outside of their body. They would discover the cause of the misfortune on this journey. Once they returned from the journey, the angakkuq would question people involved in the situation, and, under the belief that they already knew who was responsible, the people being questioned would often confess. This confession alone could be declared the solution to the problem, or acts of penance such as cleaning the urine pots or swapping wives might be necessary. A shaman might make a prophecy that a particular infant would become a prophet in adulthood. The integration of Inuit Qaujimajatuqangit (or IQ) and Canadian Law is an ongoing process. For example, the Nunavut Court of Justice is the only "unified," single-level court in Canada, and the court travels to communities every six weeks to two years. There are also on-the-land and contemporary healing circle programs administered.


Ktunaxa law

The fundamental, underlying concept of Ktunaxa law (or Ɂaknumu¢tiŧiŧ) is that the Ktunaxa people arose from the land of their traditional
country A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, whi ...
, Ktunaxa ɁamakɁis, where they remain keepers of the land, obligated to care for and respect the land and all things on it, living and nonliving. Ɂaknumu¢tiŧiŧ, as the law of the land, thus dictates Ktunaxa must protect and not overuse the land, ultimately maintaining balance in the understanding that all things are connected, as the land gives resources for survival.


Kwakwaka'wakw law

Coming out of their traditional homeland, Kwakwa̱ka̱'wakw A̱wi'nagwis, the Kwakwa̱ka̱ʼwakw legal system remains administered through the
potlatch A potlatch is a gift-giving feast practiced by Indigenous peoples of the Pacific Northwest Coast of Canada and the United States,Harkin, Michael E., 2001, Potlatch in Anthropology, International Encyclopedia of the Social and Behavioral Scie ...
institution, despite the
Potlatch Ban The potlatch ban was legislation forbidding the practice of the potlatch passed by the Government of Canada, begun in 1885 and lasting until 1951. First Nations saw the law as an instrument of intolerance and injustice. "Second only to the taking ...
which endured from 1884 to 1951. Like many other northern Cascadia coastal nations, the Kwakwa̱ka̱ʼwakw nation and its numerous community subdivisions, such as the Kwaguʼł, ʼNa̱mg̱is, and Dzawa̱da̱ʼenux̱w (amongst many others), maintain a complex body of laws surrounding property rights of "treasures," namely songs, dances, coppers, regalia, names, crests, filled boxes, stories, and knowledge. In contradistinction with European legal systems, Kwakwa̱ka̱ʼwakw law understands societal structures as well as individual rights and obligations differently. Stories, songs, dances, and knowledge are passed down and traded through specific potlatch rituals, and dispute resolution occurs through ceremonies often done in
big houses Big or BIG may refer to: * Big, of great size or degree Film and television * ''Big'' (film), a 1988 fantasy-comedy film starring Tom Hanks * ''Big!'', a Discovery Channel television show * ''Richard Hammond's Big'', a television show present ...
by specific, knowledgeable community leaders or Elders. As such,
intellectual An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator o ...
and
property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...
differs markedly from Euro-Canadian legal systems, and conflict is still being resolved from the near-century long ban of a core institution. The Canadian State is currently in the process of reconciling its laws and historical policies with the Kwakwa̱ka̱ʼwakw Nation.


Métis law

La lway michif, or
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
law, is derived from a blending of legal traditions between the Indigenous nations of the prairies, the
European Canadians European Canadians, or Euro-Canadians, are Canadians who were either born in or can trace their ancestry to the continent of Europe. They form the largest panethnic group within Canada. In the 2021 Canadian census, 19,062,115 Canadians self-i ...
who settled in what would become the Métis homeland (Michif Piyii), and
Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global popula ...
. As Métis culture is an
oral culture Oral tradition, or oral lore, is a form of human communication wherein knowledge, art, ideas and cultural material is received, preserved, and transmitted orally from one generation to another. Vansina, Jan: ''Oral Tradition as History'' (1985) ...
, there remains a distinction between written and oral forms of Métis law, as most protocols surrounding the family and community continue to be exclusively transmitted orally. The core foundation of Métis law rests upon inherited stories, such as of Ti-Jean, Wisahkecahk, and Nanbush, and ultimately centres the
family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
, from which extend powers to the community, regional, and national levels where decisions are made by assembly. Elders function as mediators and advisors within the Métis legal structure, and ceremonies hold a core institutional rule. Justice is underlined by individual and communal rights where judicial decisions are obligated to be made in the context of a relationship of respect and trust. Dispute resolution hinges on being non-adversarial; decision-making is by consensus with
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political sta ...
with the whole community deciding on rules and limits to authority. Specific social structures also dictate certain functions, such as the correction of misbehaviour falling to
godparent In infant baptism and denominations of Christianity, a godparent (also known as a sponsor, or '' gossiprede'') is someone who bears witness to a child's christening and later is willing to help in their catechesis, as well as their lifelo ...
s and grandparents, with male youth often being sent to live with uncles if problems persist, and women in charge of welcoming and protecting newcomers, with women's committees responsible for resolving cases of domestic violence. Historically, the Métis legal system included a general council in charge of supervising a policing organization called ''la garde''.


Mi'kmaw law

Mi'kma'ki is home to Netukulimk which is "the use of the natural bounty provided by the Creator for the self-support and well-being of the individual and the community. A foundation of Netukulimk is achieving adequate standards of community nutrition and economic well-being without jeopardizing the integrity, diversity, or productivity of our environment." Within the conceptual framework of Netukulimk,
Mi'kmaw The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations people of the Northeastern Woodlands, indigenous to the areas of Canada's Atlantic Provinces and the Gaspé Peninsula of Quebec as well as the nort ...
law functions as the foundation of sustaining Mi'kmaw families, communities, and society. This mindset understands the whole of life to be interconnected, describing the rights and responsibilities of the Mi’kmaq with their families, communities, nation, and eco-system.


Nêhiyaw law

In the nêhiyaw language, "Cree laws" most directly translates as ᓀᐦᐃᔭᐤ ᐃᐧᔭᓯᐁᐧᐃᐧᓇ ''nêhiyaw wiyasowêwina'' which hosts the root /-asiw-/ meaning "to decide, judge, command." However, the more appropriate term when referencing Cree––or specifically Plains Cree (nêhiyaw)––law is Wahkohtowin (ᐋᐧᐦᑰᐦᑐᐃᐧᐣ) denoting both kinship and codes of conduct flowing from one's own role within their community.


Secwépemc law

In Secwepemcúl'ecw, the Shuswap people still maintain ''yirí7 re stsq’ey’s-kucw'', also rendered as ''yerí7 re stsq̓ey̓s-kucw'', meaning "our laws and customs." Secwépemc law, or Stsq̓ey, is understood through the ''stseptékwll'' (ancient oral histories) as being gifted to the Secwépemc by Sk’elép (Coyote). Stsq'ey governs the nation predominately through three fundamental laws: * Secwepemc law of sovereignty (including the authority to make treaties); * Secwepemc law that defines rights and access to resources and; * Secwepemc laws of social and environmental responsibility (caretakership).


Syilx law

Born from ''iʔ syilx iʔ temxʷulaʔxʷs'', or
Okanagan Country The Okanagan Country, also known as the Okanagan Valley, is a region located in the Canadian province of British Columbia and the U.S. state of Washington (where it is spelled the Okanogan Country), defined by the basin of Okanagan Lake and the ...
, Syilx law is defined through ''captikwł'', "a collection of teachings about Syilx Okanagan laws, customs, values, governance structures and principles that, together, define and inform Syilx Okanagan rights and responsibilities to the land and to our culture." The Syilx Nation maintains ''ankc’xʷ̌iplaʔtntət uɬ yʕat iʔ ks səctxət̕stim'' ("our laws and responsibilities") as its core constitutional framework, from which derives Syilx values, citizenship, structures for dispute resolution, governmental authority, rights, and responsibilities, particularly those responsibilities from and to the ''tmixʷ'', ''tmxʷulaxʷ'', and ''siwłkʷ'' (partially translated as all living beings, the land, and the waters, respectively). The Syilx Okanagan Nation Alliance is currently in the process of rebuilding the nation and drafting a modern
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
.


Tŝilhqot'in law

The name for Tŝilhqot'in law is Dechen Ts’edilhtan.


Wet'suwet'en law

After conflict at the frontiers of Wet'suwet'en Country in
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, for ...
, the BC and Canadian governments signed a memorandum of understanding with the Wet'suwet'en Nation's hereditary chiefs in May 2020. The memorandum begins with these first two points: # "Canada and B.C. recognize that Wet’suwet’en rights and title are held by the Wet’suwet’en houses under their system of governance." # "Canada and B.C. recognize Wet’suwet’en aboriginal rights and title throughout the Yintah traditional_territory''.html" ;"title="country.html" ;"title="'country">traditional territory''">country.html" ;"title="'country">traditional territory''" This memorandum affirms Anak Nu'at'en (or ''Inuk Nuatden'' as spelled by the MoU) as the Wet'suwet'en legal system of governance. The Wet'suwet'en system of governance is intimately tied to the hereditary chiefdom. Clan structures and governing chiefs are, in turn, intimately tied to Yin'tah, their lands.


W̱SÁNEĆ law

Emerging from the land, or ''TEṈEW̱'', the W̱SÁNEĆ term SKÁLS means both "law" and "beliefs."


See also

*Aboriginal land title in Canada *The Canadian Crown and Indigenous peoples *
Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
*
Indian Health Transfer Policy (Canada) The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in hea ...
*
Indigenous court (Canada) Criminal sentencing in Canada is governed by the Canadian ''Criminal Code.'' The ''Criminal Code'', along with the Supreme Court of Canada, have distinguished the treatment of Indigenous individuals within the Canadian Criminal Sentencing Regime. ...
*
Numbered Treaties The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) ...


References


Further reading

* * * * *


External links


A Guide to Canadian Indigenous Law
(Jack Woodward, Q.C. Lawyer and Author)
Indigenous Law Centre
(University of Saskatchewan) {{DEFAULTSORT:Canadian Indigenous Law Canadian Aboriginal and indigenous law Indigenous politics in Canada Indigenous law