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Aboriginal Law

Aboriginal Law . Aboriginals had well-established communities before European contact. They believed in a creator in heaven and had a strong sense of family and leadership. They had governments, religions, social structures and legal systems. Continued….

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Aboriginal Law

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  1. Aboriginal Law • Aboriginals had well-established communities before European contact. • They believed in a creator in heaven and had a strong sense of family and leadership. • They had governments, religions, social structures and legal systems.

  2. Continued… • Aboriginal rules were originally passed on through oral tradition. • In 1450: 5 Aboriginal nations formed the “Iroquois Confederacy.” • In 1720: Tuscarora people joined the Confederacy to form the “Six Nations.”

  3. Continued… • The Constitution of the Iroquois Confederacy was recorded in the “Great Binding Law.” • Lineal descent was in the female line, according to the Great Binding Law. (matriarchal society)

  4. Historical Roots • Today Western democracies attempt to separate Church and State, but our laws were influenced by religion. (Mosaic Law) • The Canadian jury system and the idea of an impartial jury is the modern version of Greek jury. • Roman law was the basis for lawyers and French Civil Code (which is the basis for Quebec CivilCode.) • British law led to Rule of Law and rule of precedent.

  5. Today in Canada… • Two traditional systems are reflected in Canada today: French and English

  6. Today in Canada… • Aboriginal land claims and treaty rights are starting to be recognized in Canada. • Aboriginal emphasis on community involvement and rehabilitation are also becoming more respected in Canadian law.Example: sentencing circle

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