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the litigation or the criminal charge involved both Aboriginal and non-Aboriginal parties. ack daniels tennessee traditions full printing shirt One clear lesson that can be learned from the American Indian tribal court

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In doing so, they would be reflecting the changes that have occurred within the communities, since the rules that govern daily life are the substance of customary law. ack daniels tennessee traditions full printing shirt Using customary law as the foundation for a legal system is not uncommon. Several African countries, along with Papua New Guinea, have constitutional provisions declaring that traditional law will have this status.105 Furthermore, the Canadian courts have given recognition, albeit quite sparingly, to the validity of Indian and Inuit customary law for well over a century.106 Our courts have done so, however, by incorporating aspects of traditional law into the common law, and giving it legal force and effect as part of the common law when not in conflict with federal or provincial legislation. The last decade has witnessed a growing realization by Canadians generally, as well as by the federal, provincial and territorial

governments, that Aboriginal people should regain their right to govern themselves. A unanimous report by a parliamentary committee104 advocated acceptance of Indian self-government and called for its implementation through administrative, legislative and constitutional means. That report specifically recommended that Indian First Nations receive authority to enact laws in a number of important areas, as well as to control their own justice systems. On the other hand, the Indian Child Welfare Act of 1978 extends extraterritorial jurisdiction to tribal courts over child welfare matters involving tribal members outside Indian reservations. This applies not only where the apprehension of children has occurred off the reservation, but even where it occurs in another state. Dividing jurisdiction on racial grounds alone would engender complex jurisdictional and conflicts of laws questions when the event that gave rise to