Canadian Law Indigenous Legal Traditions

Question: Discuss about theCanadian Lawfor Indigenous Legal Traditions. Answer: Introduction: Canada respects the difference, and it has high level of tolerance. In Canada, individuals are not restricted to follow any custom or tradition; they are free and can follow any custom or tradition to the extent they are not violating the right of other persons. In this paper, we are answering the argument of buffalo women that is We have to figure out the relationship between Cree Law and Canadian Law. this essay was argumentative in nature and state the evidences related to relationship between creek law and Canadian law. Relationship Between Creek Law and Canadian Law: Canadian law was consists of two laws that is common law and civil law, and rights refer to aboriginal people are refer to occupancy in historical laws and use of the land. Rights related to treaties are incorporated in treaties which are entered by the crown and a group of aboriginal people. The constitution of canada provides protection to the rights of aboriginal and treaty (Department Of Justice, n.d.). Mikmosis and Wetiko was the part of the national research project named as Accessing?Justice?and?Reconciliation (AJR) project. This project focuses on the use of legal principles by indigenous society to solve their conflicts (Indigenous Law Research Unit. n.d.). We can understand the relationship between indigenous law and Canadian law with the help of wetiko example. Wetiko is a concept that defines those peoples in Cree societies which are harmful to others. It states the obligations, process and response to the human violence and harm in particular societies. For aboriginal people indigenous legal traditions are important source of guidance. For resolving their disputes aboriginal peoples are using these laws from many years. It was seen that from many years these laws are ignored by the non indigenous laws. We can say that indigenous laws are ignored and overruled by the non indigenous laws. Such practices of law create connectivity between the aboriginal and non-aboriginal Canadians in such a way that is not possible under current practices of common and civil law. We can understand this with the help of example that common law and civil law are still applied in Canada which separate the indigenous people from their land and environment (Borrows, 2005). Relationship between indigenous and Canadian law can be seen in family law, property law and other obligations, and these relations are connected with land and resources. The existence of indigenous law in Canadian law will give great benefit to the indigenous people and also to the larg e number of public if they are ready to give space to grow and develop. Relationship Between Canadian Law and Indigenous Law is Stated from the Following Judicial Accommodations: In 1982 in Canada the rights customs, practices and traditions of indigenous people are recognized and affirmed in Canadian Constitution which was considered as first formal commitment by Canada. These rights are recognized by the section 35(1) of the Constitution Act, 1982, and section states that all the treaty rights related to aboriginal people are recognized and affirmed by constitution. Section 35 clearly acknowledges the continuing existence of traditional laws, beliefs of aboriginal people and also their practices. Supreme Court interpret ate this section in the case R. v. Van der Peet12, and consider whether sto lo nation members has right to do fishing for arranging their food and commercial purposes. Court further held that section 35 give right to the indigenous people to spend their life on the land which is situated in the different societies and follow their own practices, traditions and cultures which are acknowledged and recognized with the sovereignty of the Crown, and section 5 also give constitutional framework to this right. From the above facts we can say that section 35 is appropriate evidence which recognize the relationship between indigenous legal traditions with Canadian legal traditions (Chartrand, 2005). This was not the only evidence which shows the recognition of indigenous law in Canada. There are some other ways also which prove that Canada recognize these indigenous legal traditions such as recognition of indigenous governments and various bodies which resolve disputes through the courts, parliament, legislatures, the executive, law societies and law schools. Indigenous communities shall apply their legal traditions through these organizations, and these organizations also play important role in preserving these traditions. Conclusion: In last we conclude that relationship between indigenous legal traditions and Canadian legal traditions can be proved through section 35 of the Constitution Act, 1982. Relation in these two legal traditions is a way through which development and progress of indigenous society can be achieved. References: Indegenous Law research unit. Mikomosis and the Wetiko. Retrieved on 10th November 2016 from: https://www.indigenousbar.ca/indigenouslaw/wp-content/uploads/2013/04/Mikomosis-and-the-Wetiko-Teaching-Guide-Web.pdf. Department Of Justice. Where our legal system comes from. Retrieved on 10th November 2016 from: https://www.justice.gc.ca/eng/csj-sjc/just/03.html. Borrows, J. (2005). Indigenous Legal Traditions in Canada. Retrieved on 10th November 2016 from: https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1380context=law_journal_law_policy. Napolean, V. Friedland, H. Indigenous Legal Traditions: Roots to Renaissance. Retrieved on 10th November 2016 from: https://www.law.utoronto.ca/utfl_file/count/users/mdubber/CAL/13-14/Napoleon%20and%20Friedland,%20Roots%20to%20Renaissance,%20formatted.pdf. Chartrand, D. L. (2005). Accommodating Indigenous Legal Traditions. Retrieved on 10th November 2016 from: https://www.indigenousbar.ca/pdf/Indigenous%20Legal%20Traditions.pdf.