By Course

This page lists specific recommendations for reconciliation curriculum reform for each course taught in law school. It is not exhaustive so please comment with other suggestions.

All Courses

  • Include local First Nations, Metis, and Inuit histories, territories, claims, Treaties, and legal systems
  • Teach students to think critically about Aboriginal law
  • Teach Indigenous laws and legal systems
  • Allow seminars that allow students to explore concepts around Treaties and Indigenous legal orders
  • Organize a field trip to see a real example of a industrial project impacting Aboriginal and/or Treaty rights; invite community members to discuss the issues

Constitutional Law

  • Problem-based learning in Constitutional Law by Gillian Calder, post available here
  • Assign copies of treaties for reading
  • Bring in elders to discuss with the class

Criminal Law

  • Approach to teaching Criminal Law and Procedure by Emma Cunliffe, post available here
  • Teach a class on R v. Kikkik (1958) by Rebecca Johnson, post available here
  • Teach students to think critically about the systemic issues that cause overrepresentation and ways to fix them beyond the Gladue factors

Property Law

  • Include section on how deal with lease and land transactions under the Indian Act, First Nations Land Management Act (FNLMA), and self government agreements

Business Associations / Tax

  • Include section on Ltd Partnerships and Trusts and explain why First Nations communities use them (both tax and liability reasons)

Family Law

  • Diversity in our idea of family: What is family law? by Gillian Calder, post available here
  • Go beyond Derrickson case and instead include section on the new MRP Act (and why it may not work)
  • Pay attention to law that helps families

Oil/Gas/Energy Law

  • Include a section on Aboriginal title and the duty to consult

Jurisprudence

  • Explore the concept of “consultation” and how that reconciles with governance

Tort Law

  • Include discussion about residential schools when teaching about child abuse
  • On Responding to the TRC’s 94 Calls to Action in the First Year Tort classroom, see post by Freya Kodar, available here.

Contract Law

Environmental Law

  • Introduction and overview of Aboriginal and treaty rights, including:
    • an overview of the history of the Crown-Aboriginal relationship since the Royal Proclamation, with reference to accounts set out in the Royal Commission on Aboriginal Peoples
    • an overview of the primary Supreme Court of Canada jurisprudence defining Aboriginal and treaty rights
  • Consideration of the duty to consult and accommodate, including:
    • origins, main principles, authoritative case law and recent developments
  • Introduction to Indigenous environmental laws:
    • students will be introduced to Indigenous legal systems respecting the sustainable use of resources, with a strong preference for members of local Aboriginal communities to guest lecture
  • In addition to this focused discussion (approx. 2-3 lectures), the relationship between environmental and Aboriginal law and policy can and should be highlighted throughout the course.
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