Indigenous Peoples and Canadian Law

This substantive law course explores the relationships between Indigenous legal orders, the common law and Canadian law, in the context of the practical complexities involved in litigating Aboriginal and Treaty rights cases. Topics may include, but are not limited to: Indigenous laws and governance systems; intersocietal law; history of treaties and treaty relationships; pre-existing Indigenous sovereignty and assumed Crown sovereignty; the honour of the Crown; the colonial doctrines of discovery and terra nullius; settler-colonialism and Indigenous resurgence. The course will provide a survey of key procedural and substantive elements (eg. pleadings,
expert witnesses, Elder evidence, argument and remedies) from the perspective of a practioner working exclusively in this area of law on behalf of First Nation clients and communities. This course consists of weekly lectures and in-class discussions. Evaluation encompasses: in-class quizzes, weekly reading assignments, participation, and a group advocacy component. This course also fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.