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Indigenous Spiritualities and Religious Freedom

by Jeffery Hewitt

Indigenous spiritual practice in the frame of Canadian law

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AlbakiReads Editorial

Indigenous spiritual practice in the frame of Canadian law

Jeffery Hewitt’s book examines tensions between Indigenous legal orders and Canadian law through the question of religious freedom. It considers the Canadian Charter’s section 2(a) and its limits in protecting Indigenous spiritual life, with particular attention to beliefs understood as inseparable from land and specific places. The discussion contrasts this holistic relationship with an Anglo-American model that separates religion from civic and political life. The collection also considers alternative ways to relate Canadian law and Indigenous legal orders, while questioning how much protection the existing religious-freedom framework can provide.

Good fit for readers who enjoy

  • Readers interested in Indigenous law and legal systems.
  • Readers studying religious freedom, Canadian law, or Indigenous spiritual practices.
  • Readers seeking discussion of how law relates to land, culture, and spiritual life.

Themes

Indigenous legal ordersReligious freedomSpirituality and landCanadian lawState suppression of Indigenous practices

Based on publisher information and book metadata.

Book overview

Indigenous Spiritualities and Religious Freedom investigates the complex relationship between Indigenous legal orders and Canadian law, emphasizing the richness of Indigenous spiritual practices alongside their historical and ongoing suppression by the Canadian state. It critically examines the role and limitations of the Canadian Charter of Right's section 2(a), which guarantees freedom of religion, in protecting the spiritual lives of Indigenous communities.
The book highlights the holistic nature of Indigenous spiritual beliefs, which view the spiritual as immanent and closely tied to land and specific locations. The book reveals how, by contrast, the Anglo-American conception of religious freedom often separates spiritual and religious matters from civic and political concerns, and so fails to provide meaningful protection for Indigenous cultural and spiritual practices.
Many essays in this collection propose alternative approaches to the relationship between Canadian law and Indigenous legal orders, particularly regarding Indigenous spiritual practices. Ultimately, Indigenous Spiritualities and Religious Freedom reveals the challenges - and perhaps the futility - of seeking significant protection for Indigenous spiritual practices within the existing framework of religious freedom.
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