LAW590
Indigenous Peoples and Canadian Law
(Bailer)
Prerequisite courses:
Prerequisite for:
Instructor(s): Andrea Bailer
Course credit: 3
Method of presentation: Lecture
Teamwork:
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