Indigenous Law Lecture Notes PDF

A Brief Introduction to Law in Canada, 2nd Edition Indigenous Legal Traditions A Brief Introduction to Law in Canada, 2nd Edition 2 A Brief Introduction to Law in Canada, 2nd Edition 3  A Brief Introduction to Law in Canada, 2nd Edition 4  “Ind...

A Brief Introduction to Law in Canada, 2nd Edition Indigenous Legal Traditions A Brief Introduction to Law in Canada, 2nd Edition 2 A Brief Introduction to Law in Canada, 2nd Edition 3  A Brief Introduction to Law in Canada, 2nd Edition 4  “Indigenous” – used to describe persons and people who are First Nations, Inuit and Metis.  “First Nations” – refers to the original inhabitants of Canada, who are not Inuit or Metis. They were the first people to encounter the European colonists.  “Inuit” – refers to peoples living in the northern The regions of Canada. They arrived more recently than the First Nations and are ethnically distinct. Importance  “Metis” – the term used for persons of mixed of Indigenous and European ancestry.  “Aboriginal” – used synonymously with Terminolog “Indigenous”. y  “Indigenous Law”- also Indigenous legal traditions or orders, means the law of Indigenous peoples themselves without reference to Canadian law as a determiner of validity.  “Aboriginal Law” - refers to a sub-area of Canadian public law that involves the rights, land claims, and other legal issues relating to Indigenous peoples in Canada as defined by Canadian law.  A Brief Introduction to Law in Canada, 2nd Edition 5 Nature of Indigenous Law A Brief Introduction to Law in Canada, 2nd Edition 6 6  A Brief Introduction to Law in Canada, 2nd Edition 7 THE CANADIAN CONSTITUTION AND INDIGENOUS LEGAL TRADITIONS  A Brief Introduction to Law in Canada, 2nd Edition 8 TSILHQOT’IN NATION V. BRITISH COLUMBIA  A Brief Introduction to Law in Canada, 2nd Edition 9 Residential School History  A Brief Introduction to Law in Canada, 2nd Edition 10 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 11 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 12 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 13 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 14 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 15 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 16 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 17 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 18 Residential School Timeline  A Brief Introduction to Law in Canada, 2nd Edition 19 Truth and Reconciliation Commission  A Brief Introduction to Law in Canada, 2nd Edition 20 “I finally have the courage to use my voice to tell these stories. I hope this project will be The 60s able to shed light on and raise awareness of these subject matters,” Jayli Wolf notes. “We Scoop can forgive for our own healing. The road ahead is long, and change takes time.” https://www.tiktok.com/@jayliwolf/video/6932869658 957696261?lang=en A Brief Introduction to Law in Canada, 2nd Edition 21  A Brief Introduction to Law in Canada, 2nd Edition 22 Call to Action #45 45. We call upon the Government of Canada, on behalf of all Canadians, to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation to be issued by the Crown. The proclamation would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and reaffirm the nation-to-nation relationship between Aboriginal peoples and the Crown. The proclamation would include, but not be limited to, the following commitments: i. Repudiate concepts used to justify European sovereignty over Indigenous lands and peoples such as Constitutiona the Doctrine of Discovery and terra nullius. l Amendment ii. Adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. iii. Renew or establish Treaty relationships based on principles of mutual recognition, mutual respect, and shared responsibility for maintaining those relationships into the future. v. Reconcile Aboriginal and Crown constitutional and legal orders to ensure that Aboriginal peoples are full partners in Confederation, including the recognition and integration of Indigenous laws and legal traditions in negotiation and implementation processes involving Treaties, land claims, and other constructive agreements.  A Brief Introduction to Law in Canada, 2nd Edition 23 United Nations Declaration on the Rights of Indigenous Peoples  A Brief Introduction to Law in Canada, 2nd Edition 24 6 Years Later  A Brief Introduction to Law in Canada, 2nd Edition 25 Government Action Plan Copyright © 2021 Emond Montgomery Publications. All rights reserved. 25  A Brief Introduction to Law in Canada, 2nd Edition 26 New Directions for Indigenous Law  A Brief Introduction to Law in Canada, 2nd Edition 27 Restorative Justice A Brief Introduction to Law in Canada, 2nd Edition 28  A Brief Introduction to Law in Canada, 2nd Edition 29 A Gladue report is a form of pre- sentencing report for Indigenous offenders that provides sentencing judges with the types of information that they need in order to fulfill their obligations under R v Gladue, 1 SCR 688, Sentencing judges are obliged to consider: The Gladue The unique systemic or background Report factors which may have played a part in bringing the particular Aboriginal offender before the courts; and The types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular Aboriginal heritage.  A Brief Introduction to Law in Canada, 2nd Edition 30  Indigenous  Restorative Justice  First Nations  Inter Generational  Inuit Trauma  Residential School  Metis System Key  Aboriginal  Sixties Scoop Terms  Indigenous Law  Aboriginal Law  Truth and Reconciliation Commission  Customary Legal Practices  A Brief Introduction to Law in Canada, 2nd Edition 31 QUESTIONS? 3  A Brief Introduction to Law in Canada, 2nd Edition Midterm Exam Review  A Brief Introduction to Law in Canada, 2nd Edition 33 25% of Final Grade. 1.5 Hours to Complete. Multiple Choice Test Questions. Format Short Answer Questions (provide examples).  A Brief Introduction to Law in Canada, 2nd Edition 34  Bicameral  Legislative Intent  Bill  Legislature  Confidence  Pith and substance Convention  Parliamentary  Crown Immunity sovereignty Chapter  Devolution  POGG power #4 Key  Division of Powers  Prorogue Terms  Double-aspect  Responsible  Executive government  Royal assent  Federal Paramountcy  Separation of powers  Governor General  Statutes  Jurisdiction  Legislation  A Brief Introduction to Law in Canada, 2nd Edition 35 Three branches of government Divisions of the legislature Unicameral vs. bicameral Constitutional challenges Division of powers test Process to turn a bill into a law Chapter Legal difference between the #4 Key federal and provincial Concepts legislatures Parliamentary sovereignty Features of responsible government Examples of conventional practice in Canada  A Brief Introduction to Law in Canada, 2nd Edition 36  Case  Judicial  Court independence  Majority  Decision  Open court  Dissent Chapter principle #5 Key  Facta/factum Terms  Federal superior court  Inferior courts  Judgment  A Brief Introduction to Law in Canada, 2nd Edition 37  Difference between inferior and superior courts  Figure 5.1 Overview of the Canadian Court System  Jurisdiction of provincial and territorial courts Chapter  Appointment of provincial and #5 Key territorial court judges Concepts  4 types of Federal superior courts  Ways cases come before the SCC  Open court principle  Judicial independence  A Brief Introduction to Law in Canada, 2nd Edition 38  Indigenous  Restorative  First Nations Justice  Inter Generational  Inuit Trauma  Metis  Residential  Aboriginal School System Indigenous  Indigenous Law  Sixties Scoop Law Key Terms  Aboriginal Law  Truth and Reconciliation Commission  Customary Legal Practices  A Brief Introduction to Law in Canada, 2nd Edition 39  Sources of Indigenous legal traditions.  Sections of the Constitution which protect Indigenous rights.  TSILHQOT’IN NATION V. BRITISH COLUMBIA  Residential Schools Indigenous  The Truth and Reconciliation Law Key Commission Concepts  The 60s Scoop  Inter-generational Trauma  United Nations Declaration on the Rights of Indigenous Peoples  Restorative Justice  Gladue Reports  A Brief Introduction to Law in Canada, 2nd Edition 40 Chapter 6 Key Terms bona fide affirmative occupational civil liberties action requirement discrimination human rights Copyright © 2021 Emond Montgomery Publications. All rights reserved.  A Brief Introduction to Law in Canada, 2nd Edition 41 Chapter 6 Key Concepts Difference between civil rights and civil liberties How the Charter protects important civil rights The Oakes Test Affirmative action programs Copyright © 2021 Emond Montgomery Publications. All rights reserved.