Crown governments, courts, and strengthen their laws and legal lawyers, and members of the public orders.1 The existence and authority will increasingly be expected to of Indigenous legal orders is found in understand the content and meaning the UN Declaration, recognized in BC’s of Indigenous law as the Declaration Declaration on the Rights of Indigenous Act is implemented. [...] historically conditioned attitudes Indigenous Peoples and societies about the nature of law, about have their own terms in their own the role of law in the society languages to refer to their own laws, and the polity, about the proper legal traditions, and legal orders and organization and operation of a these should be understood and legal system, and about the ways used, wherever possible. [...] Aboriginal Law is Not Indigenous Law Aboriginal law refers to the laws of • the honour of the Crown, which the Crown (i.e., common and civil law) refers to the expected fair conduct applied to the ‘aboriginal peoples of of the Crown towards Indigenous Canada’.14 Aboriginal law is expressed Peoples; through legal mechanisms such as • the fiduciary duties of the Crown, constitutional provisions rela. [...] of the ways in which Indigenous laws Some of the earliest Canadian court have informed and influenced the decisions necessarily recognized the development of Aboriginal law and validity of Indigenous legal processes the substance of Aboriginal and treaty and institutions.15 As the Supreme rights and title. [...] This economic benefits of the land; and is also an opportunity to develop and the right to pro-actively use and practice Aboriginal law in a manner manage the land.” 17 that recognizes Indigenous law as a continuing part of the legal framework in Canada.
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- Published in
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