Indigenous law refers to Indigenous peoples’ own legal systems, including their own laws. Armed with a number of ground-breaking rulings by the Supreme Court of Canada since the patriation of the constitution in 1982, Indigenous nations are increasingly filling the “empty box” created by subsection 35(1) of the Constitution Act, 1982, by drafting, adopting and implementing their own laws and policies on reserve, and in so doing are often revitalizing long-oppressed traditional laws, rules and customs.
Though the Indian Act still has force and effect, and applies to a number of important on – reserve subject areas, its role steadily is waning. One way local governments are breathing new life into their communities is through reclaiming jurisdiction and increasing self-government, through adoption of Indigenous laws and policies.
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“It’s time to listen to the stories of the Indigenous; we are blessed as a country to look to the wisdom of a really old country.”
