LAWS 2289 ‑ Indigenous Law as Practice: Applying Mi'kmaq Legal Traditions

CREDIT HOURS: 2

Although Indigenous peoples governed their lands and lives for millennia, the imposition of British and Canadian law disrupted the transmission of Indigenous legal traditions in many communities. This made it difficult to practice Indigenous law. Canadian control of Indigenous governance undermined the ongoing reinvention of Indigenous governing institutions. This made it harder for leaders and families to encourage well-being within Indigenous communities. It also made it more difficult for Indigenous communities to effectively relate with other communities. Yet, all is not lost. Despite these problems Indigenous and other peoples can still choose to be guided by their own laws and values. Governance can be facilitated through the conscious adoption and creation of Indigenous law in the contemporary context. This course examines Indigenous legal principles and values and shows that they still exist as resources for decision-making in contemporary circumstances. Indigenous law and policies can be reinvigorated and reinvented to enhance decision-making within Indigenous communities today. The application of Indigenous law can develop community capacity, foster leadership, and influence well-being. Recapturing, revitalizing and newly developing Indigenous law can help communities develop resilience. Lawyers, judges and other legal actors can also benefit from understanding, applying and (where appropriate) incorporating Indigenous law in their agreements and activities with Indigenous peoples. This course examines Indigenous legal values and considers their application to promote the resurgence of Indigenous social, political, cultural and economic success life. Given our presence in Mi'kma'ki we will focus on Mi'kmaq law throughout the course. In line with this legal order, we will learn and apply Mi'kmaq methodologies in our time together. This will take us into stories, songs, the environment, and other embodied forms of learning, in addition to our engagement with books, articles and other readings.

Prerequisite(s): None.
Co-requisite(s): None.
Assessment Method: Written Assignments and Class Participation.
Restrictions: None.