Essay Title: 

Social Policy and Family Law with Native People

March 29, 2016 | Author: | Posted in labor studies, social sciences

Social Policy and Family Law with Native People

Family law shapes the basis of the society and determines the way of living followed by millions of people . At times , family laws are portrayed as a distant phenomenon , unreachable by the ordinary public excluded from our everydayness . Other times family laws are embedded in daily activities but is still invisible as its naturalistic presence is taken for granted . In Canada , current family law leaves many questions unanswered . Many family relationships are not legally approved creating unacceptable threats for native populations . The main problem [banner_entry_middle]

faced by the Canadian government is different customary family laws followed by aboriginal nations . These laws are based on century-old traditions and cultural norms , historical and political development of native populations but do not approved by the government

The best solution to this problem is a unified code of family laws which reflects current social needs and values followed by the majority of Canadian population . One of the main differences between aboriginal nations and the Canadian family law is that the law judges consider the legislation as the primary sources of the law and so the codes and rules are the basis for making a judgment . To some extent , it creates a sense of the national character and soul at its most profound center . Involved in that is a certain amount of risk and challenge , of tension and attention , a certain presence that suggests how human beings might become as a people

Taking into account minority rights , the Canadian government should introduce special regulations for those who share customary family laws and traditions . Following recent regulations , First Nations people will develop community justice processes which are culturally appropriate and respectful , and they will be done at the request of an in response to the needs of First Nations communities (Lee 1997 There are also some laws which are peculiar to one of the nations and not to the others , although most legislation is applicable to all of Canada . Some critics (Lee 1997 ) feel that the law has still not adapted to changing conditions , nor understood the nature and needs of contemporary society . Recent well-publicized miscarriages of justice have caused embarrassment to the police , government and judiciary , and increased public concern about the quality of family laws . Similar misgivings are also felt about the expense and operation of the family law system . To overcome these problems , family law should be considered in relation to the best interests of the child , as the principle is applicable to Aboriginal custody and adoption , and the interests of family members (Family Law Recommendations 2004

The nature of social conditions in Canada suggests that native populations differ in jurisdiction and locations . In this case , a special elected body should be responsible for family issues and legal rules followed by aboriginal communities . Also , each territory can introduce laws and regulations based on customary family laws and approved by aboriginal nations of the region . Dogmas and norms of the each aboriginal society should be embodied in… [banner_entry_footer]


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