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Indigenous Hub

Indigenous Law

Illustration by Aftab Erfan (Whole Picture Thinking) June 2016. Drawn for the "Indigenous Laws for Resource Stewardship: A Gathering of Nations" organized by TNC Canada in collaboration with Indigenous Law Research Unit UVic Faculty of Law, West Coast Environmental Law, Mandell Pinder LLP, Coastal Stewardship Network (Coastal First Nations - Great Bear Initiative) and the Central Coast Indigenous Resource Alliance.

Methodology section credit: Dr. Val Napoleon and Dr. Hadley Friedland

Source of Law section credit: Dr. John Borrows, with adaptations by Dr. Val Napoleon

ILRU Indigenous Law Videos

Starting point: Videos. ILRU's Indigenous Law Video on demand page 

 

Please take time to view the three short education videos embedded below  to hear about about Indigenous Law from those working in this area.  For more information about these videos and links to interviews with legal scholars, explore ILRU's Indigenous Law Video on demand page.

 

  1. Indigenous law: an introduction (6:42 min)
  2. Indigenous law, gender, and sexuality (10:23 min)
  3. Indigenous law: tough questions (9:44) min

 

Indigenous Law Resources

For more resources visit the Resources Page on the Indigenous Law Research Unit website

Indigenous Sources of Law

Sources of Indigenous Law: the origins or foundation of Indigenous law

Scholars and individuals examining Indigenous law and legal traditions draw on a variety of resources and methods. Please refer to Friedland & Napoleon's article Gathering the Threads  <https://llj.lakeheadu.ca/article/view/1408/726>

Please refer to  John Borrows'   "Sources and Scope of Indigenous Legal Traditions" chapter two in his work Canada's Indigenous Constitution.  Borrows discusses five sources: sacred, natural, deliberative, positivistic, and customary law. 

Resources of Indigenous Law: the substantive content of the law, which are linked to the sources. 

Darcy Lindberg and Lindsay Borrows' presentation to Legal Process, Fall 2017 outlined these resources:

  • Elders, families, clans, societies
  • Stories, oral  or possibly found in published historical or anthropological works
  • Songs
  • Ceremonies
  • Dreams
  • Dances
  • Art
  • Land / Nature
  • Language
  • Peoples personal memories
  • Witness testimony in court cases

Scholarly  works will cite to these resources, such as those cited by the works listed in the UVic Law Scholarship, Faculty, Graduate Students, ILRU section of this guide. One example is the Publications of the  Jessup North Pacific Expedition 

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