Indigenous Peoples and the Constitution of Canada (LAW370H1S)

This advanced course gives students an opportunity to explore in greater depth certain issues first addressed in the course Indigenous Peoples and Canadian Law. It presupposes some prior familiarity with Canadian constitutional law and jurisprudence. Students will learn about Indigenous and Crown sovereignty and self-determination, relevant features of colonial and imperial law, the division of powers, key features of federal Indian legislation, the honour of the Crown, governments' fiduciary and consultation obligations, and treaty and Aboriginal rights, with special attention to Aboriginal title and self-government. In most years the course also features a guest presentation from an Indigenous scholar about an Indigenous legal tradition and a panel of Toronto practitioners who represent or advise Indigenous clients, discussing issues that arise in the practice of Aboriginal law.