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Indigenous Perspectives and Legal Pluralism (Jan 29).doc

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Social Science
SOSC 1375
Olena Kobzar

1 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? The Courts: 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? Aboriginal Law: 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
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