Comparative Law: Indigenous Nation-Building and Inherent Jurisdiction

Quick Info
(3041F.03)  Seminar
Instructor(s)
M. Churchill & S. Mainville; Adjunct Professors
Winter
3 credit(s)  2 hour(s);
Presentation
JFK Law LLP lawyers from our Vancouver, Edmonton and Victoria offices (as guest speakers) may need to attend the course by zoom or teams, but we will do our best to get lawyers to the Course in person as we would really like to get to know the students at an in person classroom.

Note: This course satisfies the Indigenous & Aboriginal Law Requirement
Upper Year Research & Writing Requirement
Yes
Praxicum
No

This seminar course is a review of Indigenous rights practice from the standpoint of Indigenous law, inherent jurisdiction and nationbuilding. The course will be an evolution from early Indigenous rights advocacy, to Aboriginal title and Modern treaty negotiations. The instruction will focus on the tools of the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous perspective of the Covenant Chain and the Nation-to-Nation arrangements made through the Treaty at Niagara in 1764 to discuss such modern day concepts as Treaty Councils, Indigenous Rights / Inherent Rights and Self Determination Tables, and the drafting of complex and comprehensive coordination agreements and Treaties. Other topics will include Indigenous Protected and Conservation Areas and Legislative Reconciliation.

Method of Evaluation: There are three main evaluation tools: 1) 15% participation and attendance, 2) 60% major paper (10% proposal and research outline, 50% final paper evaluation) and 3) 25% Negotiation project which is two parts: 10% negotiation brief and 15% Final Settlement Report.