Indigenous Legal Principles: A Reparation Path for Canada’s Cultural Genocide

  title={Indigenous Legal Principles: A Reparation Path for Canada’s Cultural Genocide},
  author={Kathleen E. Mahoney},
  journal={American Review of Canadian Studies},
  pages={207 - 230}
  • Kathleen E. Mahoney
  • Published 3 April 2019
  • Law, Political Science
  • American Review of Canadian Studies
ABSTRACT This article argues that Canada’s justice system and the lawyers that operate within it are ill prepared to comprehend or reconcile the relationship between colonial legal systems and indigenous systems of law. They do not get training in indigenous law, so vital to crafting appropriate reparations for the wrongs justified by colonial practices and prejudices, and that could open doors to reconciliation and healing. The example used in this article to illustrate how the two systems of… 
2 Citations



Canada's Indigenous Constitution

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and

Cultural Genocide in Canada? It Did Happen Here.

This article explores the significance of the TRC’s assertion that the establishment and operation of residential schools were a central element of Canada’s Aboriginal policy that can be described as

Indigenous Legal Theory: Some Initial Considerations

The author works through questions that surround the notion of Indigenous Legal Theory, arguing there should be a body of theorizing that emanates from, and is focused on, Indigenous peoples of

Blaming the victim: Canadian law, causation, and residential schools

This article critically examines requirements that Aboriginal people demonstrate a causal relation between attendance at residential schools and present harms in tort claims and at sentencing. It

The settlement process: A personal reflection

This paper discusses the author’s personal experiences as the chief negotiator of the Indian Residential Schools Settlement Agreement for the Assembly of First Nations. She discusses the key and

The Genocide Question and Indian Residential Schools in Canada

Abstract. The Truth and Reconciliation Commission has been investigating the array of crimes committed in Canada's Indian Residential Schools. Genocide is being invoked with increasing regularity to

Some Cautionary Notes on the 'Chevronization' of Transnational Litigation

In 1993, residents of the Lago Agrio region of the Ecuadorian Amazon sued Texaco, Inc. alleging extensive environmental damage and personal injuries caused by Texaco’s oil extraction operations

"A national crime" : the Canadian government and the residential school system, 1879 to 1986

"I am going to tell you how we are treated. I am always hungry." - Edward B., a student at Onion Lake School (1923)""[I]f I were appointed by the Dominion Government for the express purpose of

Rome Statute of the International Criminal Court

This chapter presents texts of Rome Statute of the International Criminal Court. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. The seat of the

Blood and soil : a world history of genocide and extermination from Sparta to Darfur

For thirty years Ben Kiernan has been deeply involved in the study of genocide and crimes against humanity. He has played a key role in unearthing confidential documentation of the atrocities