Anishinaabe Customary Law
Weechi-it-te-win bicultural practice is based upon both customary law of the Anishinaabe Nation in Treaty #3 and statutory law of the Province of Ontario. Customary care derives from customary laws. Customary Anishinaabe laws are mostly uncodified. Such laws are enforceable in the courts of Canada. “Abinoojii naaniigaan” expresses a foundational legal principle in Anishinaabe law: that the total well being of a child is the central consideration in the care and protection of children. It means literally, “The child comes first and foremost,” and admits neither exception nor excuse. This principle is consistent with but more forceful than the conventional child protection concept: "the best interests of the child". Even more forceful is a companion principle: "kizheowsowin", which invokes the fierce love for, and protection of, children exemplified by a mother bear who will kill or die in the protection of her cubs. Taken together, Anishinaabe customary legal principles reflect a more holistic worldview and so give relatively greater emphasis to spiritual, cultural and relational needs in addition to physical needs of the child. This emphasis seems to be a common element in aboriginal child protection principles and practice.
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