Aboriginal Law and Policy

Note: This is an eligible course for credit towards the Aboriginal Legal Studies Certificate.

The objective of this course is to bring together students from two faculties, law and public policy, and to encourage discussion about the nature of the relationship between Canadian governments and Indigenous governments through an approach that deals with history, contemporary issues, and the leading legal cases. It will also explore the meaning of self- government, the legacy of colonialism, and indigenous governance and law. The topics will include:

• Overview of Aboriginal Law and Policy in Canada
• Moving Beyond the Doctrine of Discovery
• First Contact, First Treaties
• Indian Act and Numbered Treaties
• Residential Schools
• Child Welfare
• White Paper, Red Paper, Calder and Patriation
• Duty to Consult and Aboriginal Title: The SCC Goes to Work
• Modern Treaties
• Identity, Membership and Status
• Evolving Approaches to Reconciliation in Law and Policy: UNDRIP, Economic Reconciliation and Indigenous Legal Orders

This course is structured as a seminar, focused on in-class discussion and student participation. Each week, a small group of students (typically 2-3 students per group) will prepare a presentation based on the content of that week’s readings.  These presentations are designed to provide a brief overview of the ideas and issues, and to guide in-class discussion.