LAW599
Métis Law & the Canadian State
(Chartrand)
Prerequisite courses:
Prerequisite for:
Instructor(s): Larry Chartrand, Professor Emeritus (University of Ottawa)
Course credit: 3
Method of presentation: Seminar and Talking Circle Formats
METHOD OF EVALUATION
Class Participation: 15%
Group Presentation: 15%
Essay: 70%
COURSE DESCRIPTION
This course is intended to explain the legal relationship between Metis people(s) and the Canadian state. This relationship involves examining why Canada’s current assertion of sovereignty and governance authority over Indigenous peoples is illegal, unjust and a violation of fundamental human rights as it applies to Indigenous peoples. In doing so, we will focus on the rights of Metis communities and in particular the Metis Nation of the Prairies, to assert sovereignty over territory and governance authority including the place of Metis customary law on Turtle Island.
This course will examine Metis Treaties and Metis claims to Aboriginal title within the context of Canada’s racist colonial laws under the largely discredited Aboriginal rights doctrine as defined under s. 35 of the Constitution. However, given the racist nature of the Supreme Court of Canada’s
Aboriginal rights doctrine, considerable attention will be paid to addressing such claims relying on international human rights law.
Metis customary law will be examined and considered in light of domestic and international Indigenous legal system recognition as valid sources of law within Metis communities but also as a source of law for a more inclusive understanding of the substantive content of Canadian law which includes Indigenous legal traditions.
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)