Research summary
For generations, Indigenous legal traditions were essential to shaping behaviour and addressing conflict within Indigenous communities. The revitalization of these traditions has become an important part of the reconciliation process in Canada. But a key question is what revitalized “Indigenous law” means. A leading view is that it should fit, conceptually and institutionally, within Canadian law and more broadly within modern constitutionalism. This requires that it be expressed in formally articulated rules, which many Indigenous people view as a harmful feature of colonialism.
As Canada Research Chair in Indigenous Constitutionalism and Philosophy, Dr. Aaron Mills aims to develop the first theoretical account of Indigenous law from within an Indigenous conception of legality. To do this, he and his research team are working with Indigenous elders, communities, advocacy and service organizations, and governments. Ultimately, their work will launch a new arc of scholarship in Indigenous legal traditions.