590 Indigenous Peoples and the Law (Pentland)

LAW590 

Indigenous Peoples and the Law

(Pentland)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Eric Pentland

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

Final Exam – 100%

COURSE DESCRIPTION

Topics covered in this course will include 1 a survey of Aboriginal and Treaty rights jurisprudence, 2 an analysis of the principles of Treaty interpretation, 3 the comparison of the Specific Claims Tribunal and Federal Courts as forums for bringing Treaty rights claims, 4 an examination of Federal and provincial authority to regulate First Nation governance and infringe upon Aboriginal and Treaty rights, 5 an introduction to the legal instruments of First Nation governance (Band Council Resolutions, Indian Act bylaws, Election Codes, Land Codes, Constitutions, etc.), 6 an analysis of the Federal Court judicial review jurisdiction over Federal decision-makers (including First Nation decision-makers), 7 an assessment of the application of limitations and laches to Aboriginal and Treaty rights claims, 8 an examination of the remedies for breaches of Treaty and fiduciary obligations (constitutional declarations, equitable compensation, etc.) and an analysis of the remedial principles underlying these orders/awards.

SPECIAL COMMENTS

Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

All required readings will accessible electronically through UAlberta databases and CanLII.