Legal Culture Blindness and Canadian Indian Law

This paper explores the special problems that specialists in federal Indian law in the United States face when they attempt to understand the legal position of indigenous peoples in Canada, make comparisons and offer assistance and advice. Although the roots of Canadian Indian law in British Crown p...

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Bibliographic Details
Main Author: Conn, Stephen
Format: Report
Language:English
Published: Justice Center, University of Alaska Anchorage 1989
Subjects:
Online Access:http://hdl.handle.net/11122/10737
Description
Summary:This paper explores the special problems that specialists in federal Indian law in the United States face when they attempt to understand the legal position of indigenous peoples in Canada, make comparisons and offer assistance and advice. Although the roots of Canadian Indian law in British Crown policy are similar to those of the United States, the evolution of United States and Canadian Indian law occurred in patterns which were as distinctly different as has been the evolution of each country. Although some comparisons can be made between the two patterns of legal development, especially in the realm of policy changes directed at indigenous populations, the core of each legal relationship is very different, especially as it relates to federalism, the constitutional process and role of the courts, and public land issues. Therefore, while models of Indian legal achievements in one country are often used to induce governmental change in the other, especially in Alaska among the United States and in Canada, generally, advocates and United States specialists must exercise extreme caution to avoid legal culture blindness based on a lack of appreciation of the very different historical development of each nation. Abstract / Preface / Roadblocks to Mutual Understanding / Baseline Similarities / History / Government / Aboriginal Title / Tribal Self-Government / Land Claims / Evaluation of Comparisons – Which Comparisons? / Footnotes / Bibliography