Sentences with phrase «indigenous legal system»

However the real difficulty that makes the task of proving s223 (1)(a) of the NTA almost impossible is the combination of requiring proof of a vital and ongoing relationship between the Indigenous law and Indigenous society while at the same time denying the law making function of the Indigenous legal system.

The level of funding extended to representative bodies does not recognize the cost of facilitating the recognition by the non-Indigenous legal system of the traditions and customs that belong to an Indigenous legal system.

There is an important distinction between characterising native title as «redress [ing] the severe disadvantage of Aboriginal people» or as an inherent right arising out of the Indigenous legal system but recognised and protected by the non-Indigenous legal system.

It is considered to be the first Indigenous legal system of its kind in Canada.

They have created the first indigenous legal system in Canada outside of governmental control, since the subjugation of First Nations by the current government and its predecessors.

A ground - breaking example of an effort to utilize Indigenous legal systems has been seen in a recent regulatory process.

Indigenous legal systems are diverse and resilient, Read More

This includes around 5,000 distinct peoples and over 4,000 languages and cultures, as well as many diverse Indigenous legal systems.

[98] While the notion of sovereignty relied on by the Court prevents the recognition of Indigenous legal systems and their law - making capacity after the acquisition of sovereignty, claimants nevertheless have to show in s223 (1)(a) that the rights and interests which are capable of recognition are possessed under traditional laws acknowledged and traditional customs observed by them.

Not exact matches

The eighth indicator, from Banks and Textor, reflects a characterization (with the help of a legal scholar) of each nation's legal system as ranging from «indigenous» (indicating low development) to «common law» (reflecting high development).

It is essential for the judicial system to ensure a fair, just and equitable legal process for all Indigenous people of all ages.

The ruling came as a surprise to environmental and indigenous activists around the world who were well aware of corruption in Guatemala's legal system and had been skeptical of the court's ability to see how egregious these violations had been.

After seven hours of discussion over five months, the ideas proffered for improving access to justice were (1) more money for legal aid (to be extracted somehow from the most indebted sub-national government in the world), (2) more e-filing, (3) more pamphlets in more languages, (4) re-purposing the Shirley Dennison fund to laud someone who does something beneficial wrt A2J, and (5) encouraging indigenous peoples to use circles of healing instead of the court system.

Her desire to help improve access to justice led her to spend a summer working at a legal aid clinic in Iqaluit assisting indigenous clients as they navigated the justice system.

Owing to the work of the Truth and Reconciliation Commission («TRC»), as well as to some high profile cases in the media of late, there is a growing realization that legal systems not designed by, for or with Indigenous peoples can perpetuate harms against them.

Allocations include: nearly $ 4.8 million in additional annual funding for legal aid, with a focus on indigenous and family law services; $ 3.8 million per year to fund expansion of Parents Legal Centres; $ 5 million more per year for sheriff services and court staff to help reduce delays in the court system; and an additional $ 3.3 million annually for government initiatives related to family dispute resolution services and increasing digital access to justice servlegal aid, with a focus on indigenous and family law services; $ 3.8 million per year to fund expansion of Parents Legal Centres; $ 5 million more per year for sheriff services and court staff to help reduce delays in the court system; and an additional $ 3.3 million annually for government initiatives related to family dispute resolution services and increasing digital access to justice servLegal Centres; $ 5 million more per year for sheriff services and court staff to help reduce delays in the court system; and an additional $ 3.3 million annually for government initiatives related to family dispute resolution services and increasing digital access to justice services.

The effective representation of aboriginal clients requires an appropriate awareness of the Indigenous experience to avoid re-victimizing clients who have had negative experiences with the legal and other government systems.

Nahwegahbow explains that aboriginal history, customs and culture continue to influence the way Indigenous people experience the Canadian legal system.

And according to aboriginal legal scholar Hannah askew, for non-Indigenous learners, understanding Indigenous legal traditions will require not only finding a way to access the content of these traditions, but also learning how to interpret a completely different style of legal system − one that substitutes «a set of interlocking and overlapping processes» for rigid rules, and that requires that those processes be understood via the full range of senses: sound, touch, sight, taste and smell.

After 150 years, Canada has yet to fully come to terms in our legal system and societal fabric with the institutional trauma it caused to Indigenous peoples.

Recommendation 50, the lead recommendation in the section on «Equity for Aboriginal People in the Legal System,» calls upon the federal government, in collaboration with Aboriginal organizations, «to fund the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Aboriginal peoples in Canada.»

We won't have an educational system that assists students in manoeuvring among both Indigenous and non-Indigenous legal cultures.

The TRC Recommendations urge us to recognize that Indigenous law is law, to commit to the multi-juridical potential of Canada's legal system, and to consider how to step into our responsibility to promote and work for deeper systemic change by advancing and implementing Indigenous law.

As the chief editor of the Conference of Western Attorneys General's American Indian Law Deskbook, I wanted to learn about the challenges the Métis faced in using the legal system in Canada to gain recognition and the differences between how the United States and Canadian governments treat indigenous peoples.

Her focus is on finding ways to make space within the Canadian legal system for the recognition of Indigenous laws, including in the areas of child welfare and child and family wellness.

We're here to work for Indigenous communities to help them get the most out of the Canadian legal system.

However, the imposition of western colonial law (s), legal systems and policies upon Indigenous Peoples and Nations has had significant impact upon our ability to -LSB-...]

However, the imposition of western colonial law (s), legal systems and policies upon Indigenous Peoples and Nations has had significant impact upon our ability to govern, maintain peace and social order within Indigenous societies.

There is a simple, yet woefully neglected truth that the Canadian legal system must confront: Indigenous legal orders and Indigenous laws exist.

Topics will include: justice system reform, supporting self - represented litigants, serving Indigenous communities, unbundled legal services, reduced rate legal services, paralegal pro bono services, the politics of access to justice, using new technologies and good corporate citizenry.

Working in the Downtown Eastside also shaped her perceptions of the relationship between Canada's indigenous peoples and the legal system.

The legal implications of s. 35 and s. 25 remain filled with uncertainty, but their inclusion represents a continuing civilizing of the Canadian constitution and its recognition of indigenous rights, and an expansion of indigenous access to the legal system to assert and defend those rights.

This is my selection of key events during the gradual civilization of Canada's legal system as it relates to residential school claims and indigenous rights generally.

Anyone thinking that the Magna Carta or the English Bill of Rights began the gradual civilization of the English legal system need only ask: what did those documents do for indigenous peoples in the western hemisphere?

While indigenous rights were making progress in the courts, the Canadian legal system was also slowly becoming more civilized in its treatment of children.

The international legal system began to be seen as a possibly effective way for indigenous Canadians to assert, protect and defend their rights.

Maybe before I die our courts will say that indigenous peoples have always engaged in trade, that the nature of the trade they engaged in changed over time, and as a result, the Canadian legal system will not limit Canada's indigenous peoples to the type of trade they engaged in 200 years ago.

The purpose of this article is simply to list the various changes — the gradual civilization — of Canada's legal system that finally resulted in some limited measure of recognition, compensation and perhaps protection of indigenous children.

Patricia has worked closely with Indigenous peoples in their encounters with the justice system and has worked for residential school survivors as an historical legal researcher for the Indian Residential Schools Settlement Agreement.

Plenary and workshop topics will include: justice system reform, supporting self - represented litigants, serving Indigenous communities, unbundled legal services, reduced rate legal services, paralegal pro bono services, the politics of access to justice, and good corporate citizenry.

And, finally, remembering that human dignity is a quality enjoyed by the homeless and indigenous, as well as by the white and the privileged, is something that legal actors and the legal system have to do, or following the «rules» will never achieve what is right and just.

«We need to get more indigenous people as part of the Canadian legal system if there is going to be true engagement,» says Craft.

A legal system that does not make a conscious effort to learn Indigenous values will be ill equipped to protect those values.

This includes a better understanding of how indigenous people relate to authority, how they wish to communicate with lawyers and the legal system, and what their expectations are.

Not only is this an opportunity to rethink legal education in light of the Truth and Reconciliation Report, it may also be the first step in training the next generation of lawyers to critically appraise our existing legal system in light of the indigenous ones which preceded confederation.

Studying indigenous legal traditions also involves learning central concepts that are quite different from the ones on which European legal systems are founded.

«We'll be reaching out to the community, over the next few months, and my direction to staff and benchers is to move quickly» to address issues pertaining to the indigenous community's relationship to the legal system.

Indeed, limiting the search for these opportunities to within the legal system involves a great deal of investment on the part of Indigenous peoples with very little return in terms of outcomes on the ground.

These two systems are based on quite different premises and values, but the two have to find a way to interact as they coexist over the same land and in the case of land and native title rights, Indigenous laws have legal effect in the European system.

Capacity building is about ensuring that native title parties can participate in a system which has been devised by the non-Indigenous legal and political system and which seeks to give recognition to Indigenous people's traditional laws and customs.