590 Indigenous Peoples and Canadian Law (Bailer)

LAW590 

Indigenous Peoples and Canadian Law

(Bailer)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Andrea Bailer

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

Class participation – 10%

Case Summaries (x2) – 20%

Reading Reflection – 20%

Drafting Assignment – 50%

COURSE DESCRIPTION

This course is an introduction to Canadian law as it applies to Indigenous peoples. This course will emphasize primary sources (treaties, legislation, archival documents, and first-person narratives) and critical legal scholarship as avenues to learn about the foundational concepts and history informing contemporary Aboriginal law legal issues.

This course will include an introduction to the following topics:

• The distinction between Canadian state law and Indigenous legal orders

• The history of nation-to-nation relationship building

• Crown-Indigenous treaties

• The Indian Act(s)

• Distinctions-based approach to First Nation, Inuit and Métis legal realities and issues of Indigenous identity

• Canada’s Constitutional Order and section 35

• Key jurisprudential concepts: Aboriginal rights, Aboriginal Title, Duty to Consult and Accommodate, Fiduciary Duties,

Reconciliation, and the Honour of the Crown

• Indigenous women’s experiences within Canadian law

• The United Nations Declaration on the Rights of Indigenous Peoples

• Contemporary issues in Aboriginal law

• Practical points regarding Aboriginal law litigation and resolution

SPECIAL COMMENTS

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

TBD