Table des matières


Introduction: Aboriginal Legal Traditions – Which Way Out of Colonialism? / Andrée Lajoie

1 “Getting to a Better Place”: Qwi:qwelstóm, the Stó:lo, and Self-Determination / Ted Palys and Wenona Victor

2 An Apology Feast in Hazelton: Indian Residential Schools, Reconciliation, and Making Space for Indigenous Legal Traditions / Paulette Regan

3 Reconciliation without Respect? Section 35 and Indigenous Legal Orders / Minniwaanagogiizhigook (Dawnis Kennedy)

4 Legal Processes, Pluralism in Canadian Jurisprudence, and the Governance of Carrier Medicine Knowledge / Perry Shawana

5 Territoriality, Personality, and the Promotion of Aboriginal Legal Traditions in Canada / Ghislain Otis



La description

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.


Indigenous Legal Traditions explores the role of Indigenous law both within the context of the Canadian legal system, and as an independent structure. This collection of essays offers five different perspectives on the nature of Aboriginal legal traditions . .. The essays echo themes of reconciliation, autonomy and identity. The concept of decolonization appears repeatedly, as the authors search for ways to free traditional legal systems from the oppressive and restrictive colonial structure . .. Given the wide range of debate on these important issues, readers will find the book a relevant and insightful look into the role, significance, and future of Indigenous legal systems.

- Sarah Burningham