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Aboriginal Law and Indigenous Law

Welcome

Welcome to the Aboriginal Law and Indigenous Law LibGuide.


Acknowledgement of Problematic Subject Headings

Concordia University of Edmonton Library recognizes that our catalogue and resource descriptions contain language that reflects the biases, norms, and perspectives of the time in which they were created. In particular, for resources about persons and groups, this language is often outdated and harmful.

These descriptions also incorporate controlled vocabularies, such as the Library of Congress Subject Headings, which include some headings (e.g., Indians of North America), that are offensive and inappropriate. We have historically used international standards for description, however, we are now working towards updating and changing these practices. Our goal is to provide descriptions that are accurate, appropriate, inclusive, respectful, and no longer cause harm.

We acknowledge the critical importance of community consultation in these efforts. As guests within the territory of the Treaty No. 6 Nations and the Métis Nation of Alberta (Region IV), we commit to working collaboratively with Indigenous peoples to make these necessary changes.

"Aboriginal Law" versus "Indigenous Law"

"Indigenous law exists as a source of law apart from the common and civil legal traditions in Canada. Importantly, Indigenous laws also exist apart from Aboriginal law, though these sources of law are interconnected. Aboriginal law is a body of law, made by the courts and legislatures, that largely deals with the unique constitutional rights of Aboriginal peoples and the relationship between Aboriginal peoples and the Crown. Aboriginal law is largely found in colonial instruments (such as the Royal Proclamation of 1763, the Constitution Acts of 1867 and 1982 and the Indian Act) and court decisions, but also includes sources of Indigenous law."

"Indigenous law consists of legal orders which are rooted in Indigenous societies themselves. It arises from communities and First Nation groups across the country, such as Nuu Chah Nulth, Haida, Coast Salish, Tsimshian, Heiltsuk, and may include relationships to the land, the spirit world, creation stories, customs, processes of deliberation and persuasion, codes of conduct, rules, teachings and axioms for living and governing."

-Estella White (Charleson) - Hee Naih Cha Chist, "Making Space for Indigenous Law" 

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