Module 7 (1&2) Flashcards
Explain the call to action: #50
the creation of indigenous law institutes for the use and understanding of indigenous laws
The word duty has two meanings in the saying “the duty to learn” what are they?
1) Moral obligation
2) requirement to perform a task
Most indigenous nations have used a __________ approach to create reasoning and reasonable legal processes to organize their societies
collaberative
In 2012, what did Justice Lance Finch call to the legal profession
that it had a duty to learn indigenous laws in order to protect and advocate for the rights if indigenous peoples
three years later (2015), the TRC included two calls to action #27 and #28, what were these calls?
a need for the legal profession and law schools to learn skills-based antiracism training
What are indigenous laws?
systems in how communities are organized based on cultural principles.
Different than Aboriginal Law
What do Indigenous Laws focus on?
how we relate to the collective and how to conduct ourselves for the betterment of everyone
In order for Indigenous law to be Indigenous law, what two things does it have to be?
Intelligible and Debatable
What is Internormativity?
How different legal systems within the same place interact with each other
(also called intra-state pluralism)
What is Constitutionalism (and what is another name for this)
When a state recognizes another legal system but the two act independantly of each other.
Also called “extra-state pluralism”
What is a goal in Canada regarding different law systems
internormativity (intra-state pluralism)
If women are forced out of their family homes on reserves, why are they unable to quality under provincial legislation to protect their interests in the home?
Becasues section 91(24) says that indigenous peopels cant own their family homes on reserves, but have a certificate of possession which is usually in the names of men
What is an Interim order?
it protects a persons interest ina family home (women cant get this bc their name isnt on the certificate)
What are the 2 Paradigm changes we need to make to embrace a fully multi-juridical society?
1) we need to think of indigenous peoples as reasoning peoples
2) we need to get beyond the trauma narrative stereotypes
Where is the first indigenous unit discussed located and what is it called
Indigenous legal research unit its at the unviersity of victoria
what is the second indigeous unit located and what is it called
Wahkohtowin law and governance lodge is located here at the uofa
What is the goal of the Legal Research Unit in Victoria?
That indigenous laws be taken seriously as laws
What does the Legal Research Unit provide?
toolkits and workshops throughout Canada, and also assists indigenous communities
What is the goal of the Lodge at the Uofa
To support indigneous communities goals to impliment their own laws
What does the lodge provide?
free and public resources and community engagement projects
What is the lodge “known for”?
Their wisdom workshops
What is the “Sacred Law”?
the implementation of spiritual principles from the creator
What is the “Natural Law”?
Law that is “written on the earth” whoich is resoning that comes from the physical world
(land, landmarks, animals, water, etc)
What are “Deliberative laws”?
Law that comes from peopel talking with one another
What is “Positivistic Law?”
Sets of legal rules that people follow
What is “Customary Law?”
Legal practives developed through repetitive patterns of social routines
eg. wearing a suit to court
What method of learning best fits the definition of: “making the implicit explicit by learning traditional protocols and ceremonies”?
Community embedded method
