This article explores Canada's legal pluralism and the revitalization of Indigenous legal orders, drawing from the author's research stay at the University of Victoria, a leading center for Indigenous law in Canada. The University offers a pioneering joint degree program in Canadian Common Law and Indigenous Legal Orders, the first of its kind in the world. Additionally, it houses the Indigenous Law Research Unit (ILRU), which collaborates with Indigenous communities to re-articulate their laws, providing educational resources and methodologies for engaging with Indigenous legal traditions. Central to this research work is the adapted common law approach developed by legal scholars Val Napoleon (Salteau First Nation) and Hadley Friedland, which uses Indigenous stories and oral traditions as resources to draw out legal principles. The article discusses the broader context of legal pluralism in Canada, the influence of the Truth and Reconciliation Commission Final Report, and the method for integrating Indigenous legal traditions into contemporary legal frameworks which aim to foster an inclusive future for Canadian society.
Canada’s Legal Pluralism and the Revitalization of Indigenous Legal Orders: an Overview / Riccetti, Sara. - 04:(2024), pp. 87-103. (Intervento presentato al convegno THE CULTURES OF CANADA: BEYOND THE PAST, TOWARDS THE FUTURE tenutosi a Milano, Italia).
Canada’s Legal Pluralism and the Revitalization of Indigenous Legal Orders: an Overview
Sara Riccetti
2024
Abstract
This article explores Canada's legal pluralism and the revitalization of Indigenous legal orders, drawing from the author's research stay at the University of Victoria, a leading center for Indigenous law in Canada. The University offers a pioneering joint degree program in Canadian Common Law and Indigenous Legal Orders, the first of its kind in the world. Additionally, it houses the Indigenous Law Research Unit (ILRU), which collaborates with Indigenous communities to re-articulate their laws, providing educational resources and methodologies for engaging with Indigenous legal traditions. Central to this research work is the adapted common law approach developed by legal scholars Val Napoleon (Salteau First Nation) and Hadley Friedland, which uses Indigenous stories and oral traditions as resources to draw out legal principles. The article discusses the broader context of legal pluralism in Canada, the influence of the Truth and Reconciliation Commission Final Report, and the method for integrating Indigenous legal traditions into contemporary legal frameworks which aim to foster an inclusive future for Canadian society.| File | Dimensione | Formato | |
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Riccetti_Canada’s-Legal-Pluralism_2024.pdf
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