LAW599

Indigenous Jurisdiction & Constitutional Pluralism

(Gimenez & Lewans)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Professor Rebeca Macias Gimenez & Professor Matthew Lewans

Course credit: 3

Method of presentation: Lecture/seminar/other

METHOD OF EVALUATION

Student performance in the first section of the course will be evaluated on the basis of a short midterm essay assignment. The final assignment will consist of students’ presentations on the case studies, reflecting on the theoretical aspects of the course.

COURSE DESCRIPTION

The first half of the course will provide students with opportunities to deconstruct and reconstruct different legal conceptions regarding the legal relationship between Indigenous communities and the Canadian state. This section of the course will invite students to compare and contrast “monist” and “pluralist” theories of law and authority that animate different conceptions of Canadian constitutionalism. We believe that law students who can deconstruct monistic conceptions of sovereignty (like John Austin’s) and who are able to reconstruct an alternative pluralistic conception of constitutionalism built upon respectful treaty relationships (like John Borrows’) will have developed critical professional skills relevant to intercultural competency, conflict resolution, human rights and anti-racism. 

The second half of the course will provide students with opportunities, through textual analysis and presentations by the Indigenous speakers, to examine case studies of Indigenous Nations enacting frameworks such as the ones mentioned before and entering into negotiations and government-to-government agreements. We expect the course to enable students to appreciate the complexity and diversity of a multi-juridical system and recognize the legitimacy and authority of Indigenous legal orders. This understanding directly contributes to better students’ perspectives and practices of dispute resolution, human rights, and anti-racism. 

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