Why should Canadian courts apply and adapt principles of Indigenous legal traditions in all their decisions relating to Indigenous peoples?

Consider.....

• The unique nature and diversity of Indigenous legal traditions in Canada
• Article 5 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
• The differences between Indigenous legal traditions and Western legal traditions such as the common law tradition or the Civil law tradition followed in Quebec
• The role that Canadian courts have played both in reinforcing colonial policies and also in challenging them
• The fact that the Civil law tradition followed in Quebec is ensured representation on the Supreme Court in that three judges of the Court must come from Quebec
• The possibility of creating specialised tribunals outside the Canadian court system

Learning Outcomes

• Discuss broad differences between legal reasoning in Western legal traditions and in Indigenous legal traditions
• Analyse the effect of the lack of recognition/repression of Indigenous legal traditions as part of the legacy of colonialism
• Examine the role that recognition and revitalization of Indigenous legal traditions can play in the reconciliation of Aboriginal peoples with the Canadian state