Background & purpose of the system 1 basic institutions, processes, and players 3

Aboriginal approaches:

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  Carcross/Tagish First Nation - communities with highly defined laws, want to pursue a family case
  
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  Courtroom 1800 (Calgary), Tsuu T’ina uses it for peacemaking circles, used for tribunals, blending traditions
  

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  Traditional processes, i.e. Tsuu T’ina Peacemaking, Giiwedin Anang Council (Aboriginal Legal Services)
  
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  Gladue approach and gladue courts
  
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  Choice of law to be applied is an emerging issue (Presbyterian Church of Sudan v. Talisman Energy)
  
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    Plaintiffs (current and former residents of the Republic of Sudan) bring a class action against Talisman Energy Inc. alleging gross HR violations. Talisman moves to dismiss based on lack of subject matter jurisdiction and forum non conveniens
    
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    Talisman’s motion to dismiss was denied; Canada was determined to be the appropriate forum
    
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    A Canadian court would prima facie apply the “lex loci delicti”, the law where the activity occurred. However, Sudan (Sharia Law) has drastically reduced rights and systemic discrimination against Christians (opposed to their Islamic tradition) – this, in addition to being a nation that committed genocide against such claimants, made the court highly doubtful that these plaintiffs could get an adequate / fair judicial process and remedies there
    
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    While it was held that Canadian law would apply, the court also envisioned “few cases where this would be necessary”
    
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    Remains concern in such cases that application of Canadian law only reflects Canadian jusicial understandings of the issues in question
    
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