Indigenous Perspectives and Legal Pluralism
Law and Society:
All societies have laws
Laws grow from customs, social behavior and norms
Law draws a boundary of acceptable and not acceptable
Legal Pluralism: two or more legal systems coexisting together in one geographic area
The first question that needs to be asked is what is law?
1996: Canadian Criminal Code amended (sec. 718.2e): specifically instructs judges to look for
alternatives in imprisonment for aboriginal people
R. v. Gladue (1999)
Establishment of Gladue courts.
Does this mean that aboriginals should get lighter sentences that non aboriginal offenders?
Importance of Elders
Healing: body, mind, spirit
Harmony as an overriding principle in disputes and Creation stories
Non Guilty Plea” to a charge for which a person is responsible for in Western tradition = not
dishonest and in Ab