Instructor(s): Bob Rae

For graduate students, the course number is LAW7030H.

Note: Students are advised that no class is scheduled on Tuesday, September 4. The first class will be held on Tuesday, September 11, 2018.

This seminar will deal with selected issues in Aboriginal law and policy. It is intended to bring together law students and students of public policy, and to broaden the perspective of both potential lawyers and policy makers. The topics will include:

  • Prevailing legal, social, and political ideas at the time of first contact; early treaty relationships and the Royal Proclamation of 1763;
  • Nineteenth and early twentieth century treaties and their interpretation;
  • The Indian Act, Residential Schools and Nineteenth and early twentieth century treaties and their interpretation and consequences
  • The Trudeau/Chretien White Paper;
  • The Calder case;
  • Patriation;
  • The Charlottetown process and Accord;
  • Resource development and the duty to consult;
  • Social welfare issues;
  • Education;
  • "Modern Treaties, such as those involving the Nisga'a and the James Bay Cree, and issues in Yukon, NWT, etc.; and
  • Urban Aboriginal issues (crime, "urban reserves", other challenges).

  • Evaluation
    Students will submit a research paper of no more than 5000 words (65%) and submit weekly comments of 200 words and lead one class discussion based on the readings (25%). Students will also be evaluated on their class attendance and participation (10%).

    At a Glance

    First Term
    Credits
    3
    Hours
    2

    Enrolment

    Maximum
    24
    12 JD
    3 LLM/SJD/MSL/NDEGS/SJD U
    9 MPP

    Schedule

    T: 6:10 - 8:00