Reconciling Crown Legal Frameworks Program | Primer 4 - Legal Pluralism: Indigenous Legal Orders & Other State Jurisdictions
27 September 2023
The 2019 Declaration on the Rights of Indigenous Peoples Act (“Declaration Act”) requires the BC government to “take all measures necessary” to ensure the laws of BC are consistent with the UN Declaration on the Rights of Indigenous Peoples, in consultation and cooperation with Indigenous Peoples.1 The BCLI Reconciling Crown Legal Frameworks Program supports the research and innovations required t. [...] As part of our series of primers on the Declaration Act, the BCLI has prepared three primers that explore legal pluralism: • Primer 3 – Legal Pluralism in Canada • Primer 4 – Legal Pluralism: Indigenous Legal Orders & Other State Jurisdictions • Primer 5 – Legal Pluralism: Indigenous Legal Orders & Canadian State Law The work of the BCLI primarily takes place on the unceded territories of the xʷmә. [...] If the subject matter of the proceedings cannot be resolved through the application of these sources of law, the court can then apply the British common law.12 The Underlying Law Act not only prioritizes customary law over British common law, the legislation also clarifies that the existence or content of a rule of customary law is a question of law and not a question of fact. [...] In addition, courts can take judicial notice of customary laws.13 To ensure the appropriate application of customary law, counsel are under a duty to call evidence and obtain information to assist the court in determining the nature of the relevant rules of customary law and whether or not those rules apply in the particular proceeding.14 Additionally, the Underlying Law Act outlines rules to aid. [...] Indigenous parties and state authorities share control over the board, as it is co-appointed by Naalakkersuisut, the Danish Government, and the Supreme Court of the Kingdom of Denmark.19 • The government of India has adopted legislation that recognizes the jurisdiction and laws of traditional forest dwelling communities.