VICTORIA, British Columbia — A groundbreaking research initiative at the University of Victoria is underway to assist five Indigenous communities in revitalizing their traditional legal systems, offering potential insights for broader Canadian society. Titled Next Steps: Rebuilding Indigenous Law, the project builds on years of prior scholarship and aims to reconstruct comprehensive Indigenous legal frameworks that address contemporary challenges.
The effort is led by a team of Secwépemc Nation researchers, including Racelle Kooy, Sunny LeBourdais, and Bonnie Leonard. They are drawing from oral teachings, community conversations, and historical records to piece together the Secwépemc legal traditions. One key resource is a book by a linguist that was partially dedicated to Kooy’s late aunt, Mary Palmantier, and featured her great-aunt, Lily Harry, highlighting the personal and cultural depth of the work.
Kooy emphasized that the project does not seek to supplant British Columbia or Canadian laws but rather to introduce fresh perspectives on legal considerations. "The goal isn’t to replace existing British Columbian or Canadian laws, but to add fresh perspectives about how legal matters are considered," she said in an interview.
The initial focus is on two core research questions related to Secwépemc laws governing trade and economy, as well as inter-societal relations. Kooy noted the timeliness of these topics in what she described as "our elbows-up era," a period marked by competitive tensions. "Why not get a fresh perspective that's calling upon ancestral knowledge and coming forward?" she asked. "That's really the purpose of law. It's to serve and challenge people — to look at how are we solving the issues of today."
The selection of the Secwépemc Nation as the starting point stems from the extensive groundwork laid by its leaders over the past 16 years. This prior research has examined Secwépemc approaches to land and resource management, citizenry, and child and family law, providing a robust foundation for the new initiative.
Overseeing the project academically is University of Victoria law professor Val Napoleon, who serves as the director of the school’s Indigenous Law Research Unit (ILRU). The Next Steps program represents an evolution from the ILRU’s work, which has previously assisted Indigenous nations with specific legal elements, such as child and family law.
Napoleon explained that the project will ultimately deliver five examples of fully rebuilt Indigenous legal orders, serving as models from which Canada can draw lessons. Rather than zeroing in on individual nations, the research spans broader Indigenous societies. For instance, the Secwépemc Nation encompasses 17 First Nations across a region of the B.C. Interior.
The scope of the work extends beyond codified laws like the Criminal Code. Instead, it tackles fundamental questions about morality, interpersonal interactions, relationships with land and water, and mechanisms for accountability when laws are breached. "What we're doing is making visible and cognizable Indigenous ways of Indigenous legal thought, Indigenous legal processes and ways that people hold each other accountable, and ways that we can take care of one another," Napoleon said.
She stressed the need for expansive thinking to address pressing societal issues. "It’s important to look at these things with big imaginations, to help solve big questions currently facing society," Napoleon added. This approach underscores the project's potential to influence how legal systems adapt to modern realities, including environmental stewardship and community relations.
Funding for Next Steps comes from a substantial $10 million investment by the Law Foundation of British Columbia, signaling strong institutional support for Indigenous-led legal revitalization. The foundation's contribution will enable the expansion to additional communities beyond the Secwépemc, fostering a diverse set of rebuilt legal traditions.
The initiative arrives at a pivotal moment in Canadian Indigenous relations, following decades of efforts to reconcile colonial legacies with traditional governance. Historical disruptions, including the imposition of Canadian legal frameworks on Indigenous peoples, have long overshadowed native laws. Projects like this one aim to reclaim and integrate those traditions, potentially informing national policies on everything from resource rights to social justice.
Community involvement is central to the methodology. Researchers like Kooy and her colleagues are engaging directly with Secwépemc members to ensure the rebuilt laws reflect living knowledge rather than static archives. This participatory process contrasts with more top-down legal reforms and could set a precedent for other Indigenous groups seeking to assert sovereignty in legal matters.
While the project focuses on rebuilding, it also highlights ongoing collaborations between academic institutions and Indigenous nations. The ILRU, established at UVic, has been a hub for such work since its inception, producing resources that have aided multiple communities in navigating intersections between Indigenous and settler laws.
Looking ahead, Napoleon envisions the five completed legal orders as teachable examples that could permeate Canadian education and policy-making. By demonstrating practical applications of Indigenous legal thought—such as sustainable economic practices rooted in trade laws—the project may encourage a more pluralistic legal landscape across the country.
As Next Steps progresses, it promises not only to empower the targeted communities but also to enrich national dialogues on justice and equity. With its emphasis on ancestral wisdom applied to today's dilemmas, the initiative stands as a beacon for innovative legal evolution in Canada.