Comparative Indigenous Law (WITHDRAWN) (LAW366H1S)

At a Glance

Second Term
Credits
3
Hours
2
Perspective course
ICT

Enrolment

Maximum
20
15 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 6:10 - 8:00
Instructor(s): Moira Gracey
Pre-requisites/Co-requisites
Aboriginal Peoples and Canadian Law

This course can be used to satisfy either the Perspective or the International/Comparative/Transnational perspective course requirement but not both.

This course will introduce students to the ways that Indigenous rights are conceptualized and protected in a number of different legal orders around the world. In particular, the course will compare Indigenous land and resource rights, in the United States, Australia, New Zealand, Malaysia, some countries in Africa and Latin America, and at international law. In examining the law in each country or region, the course compares how the different systems give legal meaning to historical interactions between Indigenous and non-Indigenous peoples, treaty making and constitutional law issues.

Specifically, we will compare how different legal systems view the source and nature of indigenous peoples’ rights over land, and what that means for self-governance, autonomous development, and third party interests.

Evaluation
Students will write a paper of approximately 5,000-6,250 words (worth 80% of the mark) on a topic of their choice (to be approved by the instructor). The other 20% of the student’s mark will be based on class participation, which includes attendance and input into class discussion.