Instructor(s): Kerry Wilkins
Pre-requisites/Co-requisites
Indigenous Peoples and Canadian Law

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

Note: For graduate students, the course number is LAW7098HS.

Note: Indigenous Peoples and Canadian Law was formerly titled "Aboriginal Peoples and Canadian Law". Students who do not meet the pre-/co-requisite can enroll with the instructors permission.

This course is an exercise in legal archaeology. Students will study in depth, from beginning to end, a current or recent Supreme Court of Canada case that deals with Aboriginal law. This years case will be Courtoreille (Mikisew First Nation) v. Governor General in Council (legislative action and the duty to consult). The class will meet from time to time during the term to discuss the originating documents in the case, the first level decision, the Court of Appeal factums and decision, the factums the parties and interveners have filed with the Supreme Court, and the video (available online) of the oral hearing before the S.C.C. Only then will we read and discuss the Supreme Court decision in the case (if its been released). There may be an opportunity for students also to meet and discuss the case with counsel involved in arguing it.

Evaluation
Each student will write a case comment, a factum or a judgment in the case of approximately 5,000 words. Students wishing to write SUYRPs in the course, or to use this course to fulfill the legal writing requirement for the Aboriginal Legal Studies Certificate, must write papers at least 7,500 words with the permission of the instructor.

At a Glance

Second Term
Credits
2
Hours
0
SUYRP

Enrolment

Maximum
8
6 JD
2 LLM/SJD/MSL/NDEGS/SJD U

Schedule

W: 2:10 - 4:00