Indigenous Peoples and the Constitution of Canada (LAW370H1S)

This is a course in applied Canadian constitutional law, intended for students that already have some familiarity with Canadian constitutional law and jurisprudence. It considers Indigenous and Crown sovereignty and self-determination, relevant features of colonial and imperial law, the division of powers, federal Indian legislation, the honour of the Crown, governments' fiduciary and consultation obligations, and treaty and Aboriginal rights, with special attention to Aboriginal title and self-government. In most years the course also features a guest presentation from an Indigenous scholar about an Indigenous legal tradition and a panel of Toronto practitioners who represent or advise Indigenous clients, discussing issues that arise in the practice of Aboriginal law.

Students that have not taken Indigenous Peoples and Canadian Law in first year will find this course an accessible introduction to the encounter between Indigenous peoples and the mainstream Canadian constitutional framework. Students that have taken the first-year course will have the opportunity in this course to deepen their understanding of some of the issues first canvassed there.