International Human Rights Law

In this seminar, we will attempt to understand the ever increasing, but constantly contested, role of international law (as well as other modes of regulation and other forms of normativity) in the promotion and protection of human and peoples’ rights the world over, a world that was recently referred to as “our global neighbourhood” by the Commission on Global Governance. The seminar will proceed in three broad movements.

In the first segment, we will grapple with the histories and policies that are relevant to the international legal protection of human and peoples’ rights. We will seek to locate, engage, and understand the underlying economic, socio-cultural and political forces that shaped, and continue to shape, both international human rights law and the world in which it operates. In pursuit of these objectives, we will, inter alia, consider the following facts/circumstances and reflect upon the following questions: we live in a world that is at once deeply multicultural and patently unequal, a world that is divided inter alia by race, gender, culture, and class-given these particularities, can the “international” (which claims universality) accommodate the “local” (which is particular)? Indeed, why (and to what extent) is the “international” an important element in the protection of human and peoples’ rights? How (and to what extent) is “law” relevant to the international protection of human rights – why do we not just resort to politics? A broad-based set of literature will be examined including African, Asian, Islamic, European, and Inter-American perspectives.

In the second segment, we will examine the various global-level and regional-level international normative texts (e.g. treaties), processes, and institutions that have been established to advance the cause of the international protection of human and peoples’ rights. We will attempt to understand the nature of their design, their functions, and their effectiveness. Our focus will be on the various global texts, norms, and institutions that exist (such as the International Covenant on Civil and Political Rights and the Human Rights Committee established under it), as well as on the African, European, and Inter-American Systems for the protection of human and peoples’ rights.

In the third and last segment, we analyze the lessons for both international human rights theory and practice that are decipherable from our examination of the literature and seminar discussions. In this context, we will focus on the practice of international human rights activism by states, groups, and individuals. We will also focus on the question of the possibility of the enthronement of a cosmopolitan international human rights ethos, of a “multicultural universality”.

Comparative Law: Indigenous Legal Traditions

This seminar will introduce students to non-state Indigenous legal orders. Using a transsystemic pedagogical model and a wide range of reading materials (legal cases, methodology, pedagogy, anthropology, theory) students will critically explore the theories and practices of indigenous legal traditions through analysis and substantive treatment of: indigenous sources of law; oral histories and traditions (as legal archive); legal cases and precedent; modes of reasoning and interpretation; and authority and legitimacy.

Indigenous Peoples and Canadian Law

This substantive law course will explore the interactions between Canadian common law and Indigenous law, primarily Anishinaabe law. The content will be viewed through the lens of Indigenous worldviews. Topics will include, but are not limited to: Indigenous sources of law; historical context and constitutional framework re: Indigenous Peoples; Aboriginal Rights, Title and the Doctrine of Discovery; treaties; resource rights and consultation; and the Indian Act and Identity. The course will be presented from a practitioner’s perspective working within Anishinaabe communities, with attention to practical intersections between the various topics. This course fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.

Indigenous Peoples and Canadian Law

This course provides a critical survey of state law as it relates to Indigenous peoples and lands in what is now known as Canada.

Topics may include but are not limited to: historical context and constitutional framework; the laws of Indigenous peoples, especially as they interact with Canadian law; Aboriginal rights and title; self-government; treaties and treaty rights; the Indian Act; the obligations of the federal and provincial governments; and Indigenous belonging and identity.

This course fulfills the prerequisite requirement for the Intensive Program in Indigenous Lands, Resources and Governments. This course also satisfies the Indigenous and Aboriginal Law Requirement.

Indigenous Peoples and Canadian Law

This course will provide a critical survey of state law as it relates to Indigenous peoples in Canada. The focus will be on the following topics: the historical context and constitutional framework; Aboriginal rights and title; self-government; treaties and treaty rights; and introduction to the Indian Act; and the authority and obligations of the federal and provincial governments.

This course fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.

Law & Social Change: Indigenous Law Camp

This course includes both academic and in-field elements. All students in this course are required to attend Osgoode’s Anishinaabe Law Camp at Rama First Nation from September 11th – 14th (inclusive).

Students will be depart via bus from Osgoode on September 11th to Rama First Nation and return to Osgoode on September 14th. Attendance at the Law Camp is a required component of the course for which there is no alternative option. Students must also attend the pre-Law Camp mandatory meeting at Osgoode, which is scheduled usually the week prior to Law Camp.

The course will include in-person weekly classes prior to and following Law Camp as well as an enhanced Law Camp schedule. The course is of interest to students looking to attend Anishinaabe Law Camp, as well as engage more deeply with Indigenous legal orders.

There are no prerequisites beyond 1L courses. Of note: Anishinaabe Law Camp will include Osgoode students who have applied to attend without credit. However, those enrolled in this course will attend Law Camp for credit with additional classes pre- and post-Law Camp and additional time during Law Camp. Students in this course will be automatically enrolled in Anishinaabe Law Camp. However, once it is available online, students in this class must also complete the Anishinaabe Law Camp application.

Indigenous Peoples and Canadian Law

This course will provide a critical survey of state law as it relates to Indigenous peoples in Canada. The focus will be on the following topics: the historical context and constitutional framework; Aboriginal rights and title; self-government; treaties and treaty rights; and introduction to the Indian Act; and the authority and obligations of the federal and provincial governments.

This course fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.

Indigenous Peoples and Canadian Law

The principal aim of this course is to develop critical understanding of those parts of Canadian constitutional law that pertain specifically to Indigenous peoples. Topics will include the notions of sovereignty and self-determination, relevant British imperial law, the honour of the Crown and the enforceable Crown obligations to which it gives rise, federal and provincial legislative authority, section 35 of the Constitution Act, 1982, Aboriginal rights and title, treaties and treaty rights, and Indigenous self-government (statutory and constitutional). The plan is for one class session, late in the term, to feature Toronto lawyers who represent or advise Indigenous clients, discussing practice-related issues.

The course will also acknowledge the reality, the coherence and the efficacy of Indigenous law. Early in the term, an Indigenous law scholar will spend one class session introducing the students to an Indigenous legal order. But Indigenous law will figure somewhat less prominently in this section of the course than it does in some other sections, because the instructor, who is not Indigenous, has neither authority nor permission to pronounce on matters internal to any Indigenous legal order. Students whose primary interest is in Indigenous law may prefer another section of this course, or may wish to supplement this course with a companion course whose specific focus is Indigenous law.

This course satisfies the prerequisite requirement for the Intensive Program in Aboriginal Lands, Resources and Governments. It may also be useful background for advanced seminars about Indigenous Peoples and the Law.

Environmental Law

This course is an introduction to Canadian environmental law. Major issues in environmental law are brought to life via guest lectures, videos, and exercises drawn from real-world environmental controversies. Course topics will include legislative jurisdiction and federalism; economic instruments of regulation; pollution regulation and regulatory instrument choice; toxic substances; environmental compliance and enforcement; public participation and environmental rights; judicial review of administrative action; common law environmental actions; endangered species law; and environmental/impact assessment and indigenous engagement.

Additional principles and experiences will be gleaned from inherently related matters including indigenous issues, environmental sciences, natural resources and waste management, land use planning and brownfield development, and environmental case law.

By the end of this course, students should be able to:

• understand the jurisdictional framework and core principles of environmental law in
Canada;
• understand the sources of federal, provincial and local environmental law in Canada, including key legislation, regulatory instruments, and court decisions and assess the effectiveness of the environmental legal regimes
• understand the structure and operation of the main agencies and institutions that
play roles in the development and implementation of environmental law in Canada;
• understand and anticipate the Canadian regulatory response to various environmental phenomena, including advancements in technology and science, project development, or discharges/spills into the natural environment;
• advance or respond to environmental civil litigation, including understanding primary causes of action and the nature of environmental harms and damages; and
• examine selected case studies of environmental law in Canada in order
to understand the political/economical/societal dimensions of environmental regulation.