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.
