Native people have been punished and imprisoned for many acts which in their own cultures and traditions would not be considered criminal. The historical clash between two very different systems of justice is outlined below.
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CANADIAN JUSTICE
Laws formulated by elected representatives
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TRADITIONAL FIRST NATIONS JUSTICE
Laws formulated by the community through traditions and consensus
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Laws tied to man-made economy, complex and numerous
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Laws tied to the natural environment; only a few universally condemned actions
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Christianity and the Protestant Ethic are the moral foundation of the law.
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Traditional beliefs are the foundation for the codes of behaviour
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Personal offences seen as trangressions against the state as represented by the monarch
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Personal offences seen as transgressions against the victim and his/her family; community involved when social harmony is threatened.
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Criminial activity is the responsibility of the police and the courts.
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Criminal activity is the responsibility of the tribe, village, or clan.
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Force and punishment used as methods of social control
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Arbitration and ostracism used as peace-keeping methods
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Individualistic basis for society. The law used to protect private property
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Communal basis for society. No legal protection for private property. Land held in trust by an individual and protected by the group.
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