Nova Scotia adjudicator writes small claims court decision in Mi'kmaw

When small claims court adjudicator Tuma Young wrote a decision over a dog custody issue recently, he wrote it in Mi'kmaw.

He said neither the courts nor the province of Nova Scotia prompted his action but rather he said it was time.

"To bring our L'nu [Indigenous] laws means we bring our language to the courts," said Young, who is from Eskasoni First Nation.

Young is a lawyer and for the past four years he has been delivering decisions as an adjudicator. He's written most of them in English but Nova Scotia named Mi'kmaw its "first language" last year.

Young said the Mi'kmaw language holds his nation's legal framework and it shows how people should govern themselves. He said by writing his decision in Mi'kmaw, he said it's "a big step forward for the Canadian legal system."

Neither of the people in the dispute were Indigenous, but by issuing his November ruling in the language he said he hopes to show that Mi'kmaw law can help resolve non-Indigenous disputes, too.

Trina Roache, a journalism professor at the University of King's College in Halifax, said Young writing his decision in Mi'kmaw was brilliant because it puts the language at centre stage.

"Understanding how important it is and the challenge it is to introduce Mi'kmaw perspectives into a colonial institution is an incredible step," said Roache, a member of Glooscap First Nation.

She said having a decision written in Mi'kmaw in the courts may encourage non-Indigenous people to learn more about the language and by extension the people, too.

Trevor Bernard, a Mi'kmaw lawyer, said he was amazed to see a court document written in Mi'kmaw and he hopes it inspires Mi'kmaw youth to see themselves in any institution.

"Growing up in a non-Indigenous school system, you kind of have this belief instilled in you that the Mi'kmaw language wasn't very important," said Bernard.

"I hope decisions like this will show people that language is important and there's room for it."

The Nova Scotia Department of Justice said in an emailed statement to CBC News that it would continue to work on access to justice for Indigenous people. 

"As Nova Scotia continues its important work on an Indigenous Justice Action Strategy, we are pleased to see that the Mi'kmaw language reflected in this small claims court decision," read the statement.

"This is one small example of the importance of diversity and community representation in our justice system."