Publication scientifique
Comprendre la normativite innue en matiere d' adoption et de garde coutumiere
This article presents the preliminary results of a research project on care and customary "adoption" in the Innu Uashat mak Mani- Utenam community of northeast Quebec. From a legal pluralist perspective, the authors used a biographical method to understand the workings of the 'ne kupaniem/ne kupanishkuem' Innu legal institution, which can be compared in certain respects to adoption in Western legal systems. The authors present certain characteristics of this institution in order to expose the limits of bills that seek to recognize "Aboriginal customary adoption" in Quebec law. Innu "adoption" stems from an agreement between the concerned persons, which can crystallize gradually, which never breaks the original filial link, and which does not immediately create a new filial link. In theory, this type of adoption is not permanent. As such, a Quebec law that only recognizes Aboriginal adoptions that create a new filial link runs the risk of either being ineffective, or of distorting the Innu legal order
Article téléchargeable, 2016