The many complaints voiced during the public hearings national football league tennessee titans full over printed shirt of the Inquiry about circuit courts, from Aboriginal and non-Aboriginal people alike, do not, however, provide a ringing
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Declaring that customary law would form a foundation for the Aboriginal justice system does not determine the precise legal parameters of such a system. national football league tennessee titans full over printed shirt “Aboriginal customary law” is merely a label that describes a source of law, rather than a particular branch or field of law. Its status is similar to the “common law,” except that the latter emanates from the jurisprudence pronounced by the courts, while traditional law flows from the customs of the people, practised over generations. Each tribe or Aboriginal community, if it chose to codify its traditional laws, would have to be satisfied that a particular custom or practice passed down from generation to generation is of sufficient import to become so enshrined, but we believe that each Aboriginal community is
capable of reaching that decision on its own. If it chose not to codify its traditional laws, it would have to rely on each judge to apply traditional law ( or, more properly perhaps, “Aboriginal common law”) as he or she understood it. Although the provincial courts could be called upon to enforce the prevailing Canadian law in reference to non-Aboriginal people, this would generate unnecessary confusion as to the law that applied within the reserve and who would enforce it. Without belabouring the point, it is fair to say that these facts and many others impinge upon how an Aboriginal justice system should be constructed. Some of them tend to foster the attractiveness of a local system so as to minimize travel expenses and delays in dispensing justice. The lack of personnel available within small communities and the smaller caseloads bespeak the opposite, favouring a circuit court system.