Abstract

... In the coming decades, based on genuine political and judicial interest in reconciliation and Indigenous engagement, the North will be well along the way toward the shared creation of a multicultural system of law and justice that reflects the cultures, histories, values, and political realities of the diverse peoples who now inhabit the Territorial North in Canada.

Highlights

  • There is a tendency, perhaps primarily among non-lawyers and the general public, to see the law—and justice, its apparent near synonym—as fixed and unchanging concepts

  • For academics immersed in the theory and concepts such as crosscultural equity, fairness, and effectiveness, the law and legal systems are to be investigated and challenged

  • These include dozens of distinct mechanisms, from the legal traditions of several Indigenous Peoples, for social control, adjudication of disputes, and sanctions for breaking community norms; Canadian laws imposed incrementally on the North starting in 1870; international and diplomatic conventions and treaties that go back to the nineteenth century and continue to the present; and the American legal system imposed in Alaska starting in 1867

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Summary

Ken Coates*

There is a tendency, perhaps primarily among non-lawyers and the general public, to see the law—and justice, its apparent near synonym—as fixed and unchanging concepts. The northern legal landscape is further complicated by a network of overlapping legal systems These include dozens of distinct mechanisms, from the legal traditions of several Indigenous Peoples, for social control, adjudication of disputes, and sanctions for breaking community norms; Canadian laws imposed incrementally on the North starting in 1870; international and diplomatic conventions and treaties that go back to the nineteenth century and continue to the present; and the American legal system imposed in Alaska starting in 1867. These systems have been changed, more recently, by land claims settlements across the North, which have provided opportunities for various models of Indigenous governance, and for creativity in adapting judicial and legal systems (Haycox, 2017)

The Evolution of Legal Systems in the Canadian North
The Persistence of Indigenous Legal Traditions
American Extraterritoriality
Arctic International Law and Policy
Full Text
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