591 The TRC, Law, Justice & Reconciliation (Lightning-Earle)

LAW591

The TRC, Law, Justice & Reconciliation

(Lightning-Earle)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Koren Lightning-Earle

Course credit: 3

Method of presentation: Lecture/seminar

METHOD OF EVALUATION

Professionalism in Inter-societal Contexts (in-class activities) 25%

Class Presentation 15%

Reflection Paper 10%

Research Paper 50%

COURSE DESCRIPTION

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. The federal minister of Indigenous Affairs recently described herself

as the minister of reconciliation. 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 law and

society style survey course on legal issues, and their social context, 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, child welfare and the

civil action that led to the Indian Residential School settlement and the TRC. Students will prepare and present

a summary and reflection based on a topic of their choice during the seminar. All students are encouraged to

think critically about some of the challenging legal, philosophical, practical and human issues that arise in

these areas.

SPECIAL COMMENTS

Special Attendance: Guest Speakers

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):

John J. Borrows and Leonard I. Rotman, Aboriginal Legal Issues: Cases, Materials & Commentary, 6th ed.

(Toronto: LexisNexis Canada, 2022). 5 th Edition is also accepted.

The Truth and Reconciliation Commission, Honouring the Truth, Reconciling for the Future: Summary of the

Final Report of the Truth and Reconciliation Commission of Canada (Ottawa: Library and Archives Canada

Cataloguing, 2015).