First People’s Law through their Aboriginal Law Report have published an insightful article explaining the differences between Indigenous Law and Aboriginal Law: “Indigenous Laws and Canadian Courts” by Kate Gunn and Cody O’Neil

Indigenous Law vs. Aboriginal Law

Aboriginal law, created by Canadian courts and legislatures, is about the legal relationship between Indigenous Peoples and the Crown within the Canadian legal system. Aboriginal law involves the interpretation of Indigenous rights recognized in the Canadian Constitution and other laws created by Canadian governments such as the Indian Act or self-government agreements. Most notably, this body of law includes defining the nature and scope of Aboriginal and Treaty rights under section 35 of the Constitution Act, 1982 and the Crown’s corresponding obligations to Indigenous Peoples.

Indigenous law refers to Indigenous Peoples’ own legal systems. This includes the laws and legal processes developed by Indigenous Peoples to govern their relationships, manage their lands and waters, and resolve conflicts within and across legal systems. As with Canadian law, Indigenous law is developed from a variety of sources and institutions which differ across legal traditions.

This post focuses on the interaction of Indigenous law and Canadian courts. It is important to note Indigenous Peoples are actively engaged in revitalizing their own legal systems and implementing their laws on their own terms in a variety of ways across the country. Check out our reading and multimedia lists to learn more about this important work.

https://www.firstpeopleslaw.com/public-education/blog/indigenous-law-canadian-courts