Dalhousie Journal of Legal Studies

Article Title

Statutory Recognition of Indigenous Custom Adoption: Its Role in Strengthening Self-Governance Over Child Welfare


This article critically examines the statutory recognition of Indigenous custom adoption in Canada. Settler state recognition of custom adoption in each province and territory is discussed and the possibility of conflation between custom adoption and settler state adoption is highlighted. The author argues that statutory regimes have a role in strengthening Indigenous self-governance over child welfare so long as the conflation of diverse practices is rejected, and recognition is accompanied by control and support.