LAWS 2290 ‑ Special Issues in Aboriginal Law
CREDIT HOURS: 3
This course is designed to familiarize students with the current moment in Aboriginal law. Aboriginal law is experiencing a rapid evolution and we are seeing dramatic growth in the body of jurisprudence, critical scholarship and policy initiatives in the area. This course will examine the legal position of Aboriginal peoples within Canada. The objective of the course is to engage with recent jurisprudence and scholarship to assess where the future of Aboriginal Law and Indigenous-Crown relations are heading. the unique legal and policy issues which must be understood and addressed to effectively work in the area of Aboriginal Law. Course materials will engage jurisprudence and legislation within the broader nexus of Colonial history, aboriginal conditions and culture, and government programs and policies. Particular topics may include Aboriginal equality and human rights claims, the revitalization of Indigenous Law, the Truth and Reconciliation Commission Final Report, the United Nations Declaration on the Rights of Indigenous Peoples, Aboriginal rights and title, consultation, the criminal justice system and self-governance, sources of law, unique constitutional provisions, the special position of Indian reserves, the nature of aboriginal title and rights, Indian treaties, fiduciary obligations, taxation, and self-government/self determination.
Assessment Method: A combination of major paper, class assignments and class participation.