Prof. Malcolm Lavoie and alumna Moira Lavoie co-author new publication

University of Alberta Faculty of Law Assistant Professor Malcolm Lavoie and alumna Moira Lavoie have co-authored a new publication examining Indigenous governance institutions.

The article, “Indigenous Institutions and the Rule of Indigenous Law,” appears in the Supreme Court Law Review (LexisNexis), published in April 2021.

Using the Wet’suwet’en dispute over the Coastal GasLink pipeline as a case study, Malcolm and Moira outline some of the challenges that Indigenous communities face when rebuilding effective and legitimate governance institutions.

The question of who speaks for Indigenous nations — hereditary chiefs and traditional governance structures or elected Indian Act band councils — continues to be a fraught issue, write Malcolm and Moira.

The article suggests that Indigenous governance institutions that align with local norms and sources of legitimacy can provide clear parameters for resolving disputes over resource development. At the same time, robust governance institutions aligned with Indigenous values help to re-establish an Indigenous rule of law as part of Canada’s legal heritage.