LAW591
The TRC, Law, Justice & Reconciliation
(Lightning-Earle)
Prerequisite courses:
Prerequisite for:
Instructor(s): Koren Lightning
Course credit: 3
Method of presentation: Lecture/seminar
Teamwork:
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).