Aboriginal Law Practicum (LAW377H1S)

Note: Students who do not meet the pre-/co-requisite may enroll with the instructor's permission.

This course is an exercise in legal archaeology. Students will study in depth, from beginning to end, a significant current or recent Canadian case that deals with Aboriginal law. This year, we’ll revisit Dickson v. Vuntut Gwitchin First Nation, a case from Yukon currently under reserve at the Supreme Court of Canada. It’s about whether, and if so how, the Charter of Rights applies to an Indigenous community exercising a right of self-government pursuant to a modern treaty. The class will read, and meet weekly throughout the term to discuss, in sequence, relevant provisions of the Vuntut Gwitchin Final Agreement and self-government agreement, the Vuntut Gwitchin Constitution, the statutory provisions governing conduct of this proceeding, the written arguments and decisions in the lower courts, the written arguments (on the leave application and on the merits) at the Supreme Court of Canada, and (if it’s released before winter term ends) the S.C.C. decision itself. We'll also watch (on video) and discuss the oral hearing before the S.C.C.. There may also be opportunities for students to argue the case orally in class and to meet and discuss it with the principal counsel who argued it.