Customary Law

Peter Coon (pcoon@superior.carleton.ca)
Tue, 4 Apr 1995 03:19:11 GMT


I'm working on a Masters thesis called "Considerations for the
Development of Aboriginal Customary Law in Canada".

One chapter deals with changes in custom and the problems it poses for
the functioning of aboriginal customary law.

A solution has been posed that First Nations need to develop
"equivalent institutions" that will help preserve the traditional
legal order that existed before contact.

I would like to know what experiences are out there that has dealt
with the problem of changes in custom by creating "equivalent
institutions".

Also, I don't know to what extent the tribal courts in the United States
were established in order to achieve a measure of equivalency with the
traditional legal order; so if possible I would like some feedback on this.

Peter