Indigenous Law Must be Recognized to Achieve True Reconciliation

Decolonization is a crucial process in Canadian jurisprudence, as it involves recognizing and addressing the harm caused by colonialism and the ongoing impacts of past injustices on Indigenous peoples. One important aspect of this process is the need for education and training for lawyers, judges, and academics on the history of past and present-day colonialism, as well as the principles of Indigenous law and how to apply it to decision-making. This education and training is crucial for the reconciliation and recognition for the decolonization of Canadian jurisprudence and the awareness that Indigenous law is equal to that of common and civil law across this country.

Colonialism in Canada has had a devastating impact on Indigenous peoples, resulting in displacement, loss of land and resources, and cultural genocide. The historical overview of colonialism in Canada and its impact on Indigenous peoples is important to understand the ongoing effects of colonialism on Indigenous law and why it is not readily apparent to professionals to apply. These effects are still present and have been passed down from intergenerationally, and it is important to acknowledge that colonialism is ongoing and not just a historical event.

A lack of understanding of Indigenous ethics and law and the impact of past and present-day colonialism can perpetuate harmful stereotypes and discrimination in the legal system. It is crucial that professionals are educated on Indigenous law in order to improve decision-making and increase respect for Indigenous sovereignty. Education is necessary to create a legal system that is fair and just, not just for Indigenous peoples, but for Canadian society as a whole; and to ensure that the legal system recognizes and respects Indigenous law as equal to common and civil law.

It is important to recognize and address the harm caused by colonialism, and to ensure that decision-making systems are fair and just. As a society we can work towards a system that applies Indigenous ethics and laws equal alongside common law, utilizing the best of both worlds. More education is necessary for the decolonization of Canadian jurisprudence and the recognition that Indigenous law can be applied everywhere.