Aboriginal Peoples and the Law (Gunn)
The TRC Final Report called for significant actions to change the justice system’s relationship with Indigenous people. These calls to action extended to law societies, lawyers, law schools, and all levels of government, many of whom are responding seriously. How do Indigenous and non-indigenous lawyers practice law and work with Indigenous clients in the age of reconciliation? Is our current case law and legislation compatible with justice and reconciliation for Indigenous peoples? How did we get to where we are today? This seminar is a survey course on legal issues that particularly impact Indigenous peoples in Canada. It focuses on issues that will be relevant and useful to lawyers in a variety of practice areas, through the lens of reconciliation. These issues are presented and discussed in a manner intended to also deepen the knowledge base of those with a particular interest in Indigenous legal issues, justice and reconciliation. Topics will include land rights and jurisdiction, governance, criminal justice, and child welfare. All students are encouraged to think critically about some of the challenging legal, philosophical, practical and human issues that arise in these areas.
Weekly seminars to cover the following topics:
Part 1 Introduction, History and Context
- Course overview with Indigenous law/Elders/traditions panel
- Colonialism in Canada; The History of Residential Schools
Part 2 The Legacy
- Child Welfare; Violence and Victimization and the MMIW Inquiry
- Criminal Justice
Part 3 The Challenge of Reconciliation: Indigenous Laws, Governance and the Treaty Relationship
- International Law, UNDRIP, Implementation in Canada
- Doctrine of Discovery and Terra nullius; Royal Proclamation of 1763 and the Treaty of Niagara
- Treaty Relationships
- Revitalization of Indigenous Laws
Part 4 The Challenge of Reconciliation: Section 35
- Aboriginal Title
- Aboriginal Rights
- Honour of the Crown, Fiduciary Relationships and Duties
- Duty to Consult and Accommodate
Part 5 Conclusion
- TRC Final Report