Sustainable Futures: The Role of Indigenous Law in Addressing Climate Crises and Environmental Degradation

The domain of my primary inquiry of interest for my PhD in social sciences is the urgent need for decolonization and the integration of Indigenous law into colonial common law societal structures that perpetuate violence towards Indigenous Peoples daily. This inquiry responds to the persistent impacts of colonization on Indigenous Peoples and seeks to dismantle these oppressive systems, fostering a future of improvement for humanity and Earth. 

Indigenous law can bring life and understanding to lands Canadians occupy, but know little about. This area of inquiry is deeply significant to me as an Indigenous person because I have personally witnessed the devastating effects of colonization on my community and heritage. I have seen how Indigenous knowledge and legal orders have been marginalized and dismissed, leading to the ongoing oppression of Indigenous society. My personal experiences and those of my community have ignited within me a deep passion to challenge and transform current oppressive systems that benefit some, and disadvantage others. I advocate for Indigenous law to be respected, recognized, and integrated into decision-making processes at all levels, legal or non-legal, as all societal areas have policies, regulations, codes of conduct, and decision-making processes they adhere to. 

The social context of this issue is complex and multi-faceted. Globally, there is a growing recognition of the need to decolonize structures and systems that have perpetuated the marginalization of Indigenous Peoples. This recognition is also evident nationally with significant Canadian colonial common law cases, such as Tsilhqot’in Nation v. British Columbia (2014), where the Supreme Court acknowledged the Aboriginal title of the Tsilhqot’in Nation to their land, rejecting the colonial doctrine of terra nullius. This case has set a precedent for recognizing Indigenous land rights and challenging settler colonial land assumptions. 

Moreover, international declarations and initiatives like the United Nations Declaration on the Rights of Indigenous Peoples have highlighted the rights and self-determination of Indigenous Peoples (United Nations, 2007). These movements and events have created a social climate primed for transformative change, with increased receptivity towards incorporating Indigenous law and knowledge into broader societal structures. 

The potential social benefits of pursuing this area of inquiry are manifold. First, integrating Indigenous law into societal structures would significantly contribute to the decolonization of settler colonial societies. It would also spotlight Indigenous law and sovereignty over all unceded lands, potentially paving the way for the reclamation and revitalization of better ways of life that all Canadians can adopt. This decolonization process is crucial for addressing and rectifying historical and ongoing injustices, fostering reciprocal, relational, responsible, and relevant relationships between Indigenous and non-Indigenous peoples. It promotes understanding, respect, leadership, collaboration, humility, accountability, and justice.

Secondly, incorporating Indigenous law into decision-making processes and governance structures can build more sustainable and balanced societies, dismantling unchecked hierarchies, power, and privilege. Indigenous legal orders are non-hierarchical, communal-based, and often prioritize the protection and stewardship of the environment, aligning with the urgent need to address climate crises and environmental degradation. By embracing Indigenous law, Canadian society can learn more sustainable ways of addressing interpersonal, personal, professional, societal, health, environmental, educational, and organizational matters. 

The theme of decolonization and the integration of Indigenous law appeals to a diverse group of individuals and groups. Indigenous Peoples have long fought for the recognition and integration of Indigenous legal orders, seeking justice, self-determination, and cultural heritage preservation. Non-Indigenous allies and activists also deeply support Indigenous rights and decolonization efforts, recognizing the collective responsibility to challenge and transform oppressive structures to divert the capitalistic world from its current self-destructive path. 

Additionally, a broad spectrum of individuals – academics, policymakers, and professionals spanning fields such as law, education, governance, and health – are deeply engaged and invested in this theme. They stand in a unique position to learn, champion, and weave Indigenous law into their respective domains for the collective benefit. Their active participation is pivotal in driving substantial change, given their capacity to shape policies, legislation, and societal practices in a manner that echoes respect for Indigenous law. 

In conclusion, the transformative process of decolonizing societal structures and integrating Indigenous law into current frameworks or working to extract colonial laws and incorporate Indigenous laws solely is an essential and ongoing endeavour. This initiative necessitates collective action and collaboration among individuals, organizations, communities, and institutions. We are called to critically examine and challenge the entrenched narratives of colonization and settler colonialism. Through Indigenous law, Canadians can actively engage in shaping a future deeply rooted in wholism and justice, thereby initiating the much-needed dismantling of oppressive structures that are built to annihilate. This substantial transformation represents a pivotal step towards genuine reconciliation, in harmony with the Truth and Reconciliation Commission of Canada (2015)’s Calls to Action.