LAW590
Indigenous Peoples and the Law
(Pentland)
Prerequisite courses:
Prerequisite for:
Instructor(s): Eric Pentland
Course credit: 3
Method of presentation: Lecture
METHOD OF EVALUATION
Assignments – 40%
Presentation – 20%
Presentation Discussant – 20%
Participation in Group Discussions – 20%
COURSE DESCRIPTION
Topics covered in this course will include 1 a survey of Aboriginal and Treaty rights jurisprudence, 2 an analysis of the principles of Treaty interpretation, 3 the comparison of the Specific Claims Tribunal and Federal Courts as forums for bringing Treaty rights claims, 4 an examination of Federal and provincial authority to regulate First Nation governance and infringe upon Aboriginal and Treaty rights, 5 an introduction to the legal instruments of First Nation governance (Band Council Resolutions, Indian Act bylaws, Election Codes, Land Codes, Constitutions, etc.), 6 an analysis of the Federal Court judicial review jurisdiction over Federal decision-makers (including First Nation decision-makers), 7 an assessment of the application of limitations and laches to Aboriginal and Treaty rights claims, 8 an examination of the remedies for breaches of Treaty and fiduciary obligations (constitutional declarations, equitable compensation, etc.) and an analysis of the remedial principles underlying these orders/awards, 9 an exploration of the role reconciliation plays in the development of Aboriginal law, and 10 an assessment of Aboriginal and Treaty rights jurisprudence through reflection on the writings of Indigenous authors (including Glen Coulthard’s Red Skin White Masks).
SPECIAL COMMENTS
Description updated 2022-23. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
All required readings will accessible electronically through UAlberta databases and CanLII.