Indigenous Government In The Canadian Charter Of Rights And Freedoms

Addressing this question with an open mind, I hope to engage in an active discussion, where different opinions on the initial question are further examined. After reviewing sources provided in Module 2, I believe the Canadian Charter of Rights and Freedoms should automatically apply to any Indigenous government in Canada.

To ensure that Indigenous peoples are provided with complete access to human rights protection, Canada must acquire a collaborative relationship in addition to embracing Indigenous legal traditions into its juridical framework. The accommodation of Indigenous legal traditions may in turn prompt further reconciliation between Indigenous and non-Indigenous peoples. Indigenous law like other forms of law is diverse. Their traditions have been evolving throughout North America for thousands of years and continue to be refined and further developed. Demonstrating their perpetual importance throughout Aboriginal communities, these traditions prove that they are essential to the growth of the Indigenous population. Their traditions maintain relationships with other Indigenous nations and preserve a recognition of peace, trade and mutual alliances. Legal traditions are unique to every Indigenous person and nation, sharing both similarities and difference with other Indigenous legal traditions. As discussed in Module 2 Video 1, the Truth and reconciliation commission addresses that all “indigenous nation across North America has its own culturally specific laws that are enacted, validated, and enforced through protocols and ceremonies that are uniquely their own.”

To achieve a positive change in the relationship between Indigenous and non-Indigenous peoples Canada’s pluralistic state must accommodate these laws. Recognizing this diversity and accepting it as an aspect of our own constitution is crucially important. Failing to recognize our nations diversity perpetuates concepts of colonialism that were established during the colonization of Aboriginal people. Indigenous law shares many similarities with sources of Western law. Historically, Indigenous legal traditions had a valid position in the evolution of the Canadian state and its developing history. The Canadian Constitution is founded on aspirations of achieving unity and diversity in addition to respecting individuality Indigenous populations were exercising their own form of legal pluralism prior to the arrival of European settlers. The denial of Indigenous dominion and indifference to their laws was a major representation of the core beliefs during the colonization of Indigenous peoples.

Therefore, I believe the inclusion of Indigenous government in the Canadian Charter of Rights and Freedoms is necessary, if only to allow the country to continue developing its practises and avoid regressing back into colonialist ideals.