The living tree doctrine of the Canadian Constitution uses the metaphor of a tree to present the Constitution as a dynamic organism which can evolve over time to accommodate new influences. This essay examines the history of this doctrine along with its possible Indigenous counterparts. In this examination, both the arboreal imagery of such doctrines and their dynamic approach to law are considered. The essay explores the benefits and disadvantages of employing a living tree approach to accommodate Indigenous legal traditions within the Canadian formal legal system.
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Emma C Howes, "Living Tree Doctrines of the Canadian Constitution and Indigenous Law" (2022) 31 Dal J Leg Stud 31.