Indigenous Peoples and the Ethos of Legal Pluralism in Canada

2014 ◽  
Author(s):  
Patrick Macklem
Keyword(s):  
Indigenous Peoples ◽  
Legal Pluralism

scholarly journals Government Policy in the Natural Resource Management of Local Community

2016 ◽  
Vol 1 (1) ◽  
pp. 122
Author(s):  
Revency Vania Rugebregt ◽  
Abrar Saleng ◽  
Farida Patittingi
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Local Community ◽  
Legal Pluralism ◽  
Environmental Damage ◽  
Customary Rights ◽  
The Government

Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.

scholarly journals One Pipeline and Two Impact Assessments: Coproduction, Legal Pluralism, and the Trans Mountain Expansion Project

2021 ◽  
pp. 016224392110573
Author(s):  
Ian G. Stewart ◽  
Moira E. Harding
Keyword(s):  
British Columbia ◽  
Indigenous Peoples ◽  
Science And Technology Studies ◽  
Oil Spills ◽  
Scientific Practice ◽  
Legal Pluralism ◽  
The Other ◽  
Close Relationship ◽  
Pipeline Project

Canada’s Trans Mountain Expansion Pipeline project is one of the country’s most controversial in recent history. At the heart of the controversy lie questions about how to conduct impact assessments (IAs) of oil spills in marine and coastal ecosystems. This paper offers an analysis of two such IAs: one carried out by Canada through its National Energy Board and the other by Tsleil-Waututh Nation, whose unceded ancestral territory encompasses the last twenty-eight kilometers of the project’s terminus in the Burrard Inlet, British Columbia. The comparison is informed by a science and technology studies approach to coproduction, displaying the close relationship between IA law and applied scientific practice on both sides of the dispute. By attending to differing perspectives on concepts central to IA such as significance and mitigation, this case study illustrates how coproduction supports legal pluralism’s attention to diverse forms of world making inherent in IA. We close by reflecting on how such attention is relevant to Canada’s ongoing commitments, including those under the UN Declaration on the Rights of Indigenous Peoples.

Indian Forest Rights Legislation: Significance of Recognizing the Legal Pluralism for Indigenous Peoples Rights

2018 ◽  
Vol 41 (1) ◽  
pp. 78-88
Author(s):  
Deva Prasad M ◽  
Suchithra Menon C
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal System ◽  
Paradigm Shift ◽  
Legal Pluralism ◽  
Forest Governance ◽  
Forest Land ◽  
Long Period ◽  
Legal Mechanism ◽  
Legal Centralism

Abstract Indigenous people’s traditional customary claim over the forest land was not accepted by the formal legal mechanism in India for a long period of time. The underlying rationale for the claim is livelihood, religious, and cultural reasons. The indigenous people’s claims remained as informal norm, which were not accepted by the formal state legal system in India. Discriminating legal centralism was existing in the area of forest governance and policy till the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was enacted in 2006. The Forest Rights Act, 2006 has brought a paradigm shift in the entire approach of law towards the indigenous people and acknowledged the rights of the indigenous people. This article makes an attempt to understand the significance of recognition of legal pluralistic norms through legislation.

Indigenous Rights and Intrastate Multijuridicalism

2020 ◽  
pp. 832-846
Author(s):  
Dwight Newman
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Legal Pluralism ◽  
Cultural Institutions ◽  
Legal Systems ◽  
Legal Traditions ◽  
Close Analysis ◽  
Dominant State ◽  
The Right ◽  
Article 5

This chapter examines the rising assertion that Indigenous rights imply a necessary multijuridicalism within states that contain Indigenous peoples. Those who put this assertion call for the recognition of Indigenous legal systems alongside dominant state legal systems. One basis for these claims is found in Article 5 of the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which states that “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions…” Considered against backgrounds of colonial encounters between European imperial powers and Indigenous peoples, there are no doubt strong normative arguments for moves toward reopening space for Indigenous legal traditions. At the same time, however, such moves raise complex questions of jurisprudential theory that warrant close analysis. This chapter engages in some of that analysis in the context of various theories of legal pluralism.

E Pluribus Plures

2020 ◽  
pp. 804-832
Author(s):  
Michael Coyle
Keyword(s):  
New Zealand ◽  
Indigenous Peoples ◽  
Legal Pluralism ◽  
Social Conditions ◽  
Cultural Survival ◽  
State Laws ◽  
Center Stage ◽  
Aotearoa New Zealand ◽  
The World ◽  
The Right

In much of the world, colonialism has gone hand in hand with the deliberate suppression of Indigenous peoples’ values and the legal orders by which they governed themselves. In light of the marginal social conditions and threats to their future cultural survival that the imposition of colonial sovereignty has produced for Indigenous peoples, pressure has been rising in recent decades for states to recognize the right of Indigenous peoples to be governed by their own diverse laws and normative orders. To be effective, formal efforts to mediate the discourse between those norms and state laws will need to be capable of accommodating fundamental differences between Indigenous and state understandings of governance and of law. Drawing on Indigenous arguments for the revitalization of their laws as well as the insights of legal pluralism, this chapter sketches out a framework by which one might assess the adequacy of mechanisms that mediate between state and Indigenous norms. Our discussion will focus on Canada and Aotearoa/New Zealand, two countries where the issue of legal pluralism has recently taken center stage.

scholarly journals Government Policy in the Natural Resource Management of Local Community

2016 ◽  
Vol 1 (1) ◽  
pp. 122
Author(s):  
Revency Vania Rugebregt ◽  
Abrar Saleng ◽  
Farida Patittingi
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Local Community ◽  
Legal Pluralism ◽  
Environmental Damage ◽  
Customary Rights ◽  
The Government

Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.

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