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Contribution to Book
Indigenous Oral Traditions in Court: Hearsay or Foreign Law?
Karen Drake & Brenda L. Gunn, eds, Renewing Relationships: Indigenous Peoples and Canada (Saskatoon: Native Law Centre, 2019).
  • Karen Drake, Osgoode Hall Law School of York University
Document Type
Book Chapter
Publication Date
1-1-2019
Abstract

Many Indigenous nations seek a renewed nation-to-nation relationship with Canada. To some, the language of a nation-to-nation relationship might seem aspirational but impractical. How can nation-to-nation relationships within a single state be effected on the ground, in our day-to-day lives? The short answer is that different Indigenous nations can have different visions of the practical instantiations of their nation-to-nation relationships. This chapter does not purport to dictate or determine the precise contours of any given nation-to-nation relationship. It merely analyzes one potential site of instantiation: the rules for the admissibility of Indigenous oral traditions as evidence within Canadian courts. This chapter argues that current rules fall short of reflecting a nation-to-nation relationship.

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Distributed with permission by the publisher.

Citation Information
Karen Drake. "Indigenous Oral Traditions in Court: Hearsay or Foreign Law?" Karen Drake & Brenda L. Gunn, eds, Renewing Relationships: Indigenous Peoples and Canada (Saskatoon: Native Law Centre, 2019). (2019)
Available at: http://works.bepress.com/karen-drake/102/