LGS2040 Aboriginal Law

Intermediate · 1 credit · HRH - Health, Recreation, and Human Services

Description: Students learn about the history of Aboriginal Law and its development in Canada by examining leading cases and challenging issues.
Prerequisite: None
Supporting courses: LGS1020: Public Law

Outcomes The student will:

1 understand the differences between legal and social definitions of Aboriginal peoples
- 1.1 define the following:
  - 1.1.1 Aboriginal
  - 1.1.2 First Nation
  - 1.1.3 Indian
  - 1.1.4 Métis
  - 1.1.5 Inuit
- 1.2 identify various Aboriginal groups in Alberta; e.g., Blackfoot, Cree, Dene, Métis settlements
2 investigate the sources of aboriginal law
- 2.1 describe the application of the following laws:
  - 2.1.1 Constitution Act, 1867, section 91; Constitution Act, 1982, sections 25 and 52
  - 2.1.2 treaties
  - 2.1.3 Natural Resource Transfer Agreement, 1930 (NRTA)
  - 2.1.4 Indian Act
  - 2.1.5 Métis Settlements Accord, including the Métis Settlements Act, Métis Settlements Land Protection Act, Métis Settlements Accord Implementation Act and Constitution of Alberta Amendment Act, 1990 (Resolution 18)
  - 2.1.6 modern land claim agreements; e.g., Nunavut
  - 2.1.7 inherent rights; e.g., right to self-determination
- 2.2 discuss the difference between a Métis settlement and a reserve
3 examine Aboriginal case law and laws related to challenging issues
- 3.1 examine the leading cases on each of the following issues:
  - 3.1.1 treaty rights; e.g., R. v. Badger, [1996], 133 D.L.R. (4th) 324 (hunting and fishing)
  - 3.1.2 Aboriginal rights; e.g., R. v. Van der Peet, [1996] 4 C.N.lL.R. 130 (commercial fishing)
  - 3.1.3 Aboriginal title; e.g., Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010
  - 3.1.4 duty to consult; e.g., Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74, [2004] 3 S.C.R. 550, Haida [2004] 3 SCR 511
  - 3.1.5 Métis rights; e.g., R. v. Powley 2003 SCC 43 (hunting)
- 3.2 consider the laws related to one or more of the following challenging issues and propose possible solutions, if applicable:
  - 3.2.1 Bill C-31
  - 3.2.2 amending the Indian Act
  - 3.2.3 taxation
  - 3.2.4 hunting and fishing rights
  - 3.2.5 customary law; e.g., adoptions, elections, self-government
  - 3.2.6 Louis Riel
  - 3.2.7 duty to consult
  - 3.2.8 impediments and benefits related to Indian status; e.g., disenfranchisement, medical care, education
  - 3.2.9 reserve business
4 demonstrate basic competencies
- 4.1 demonstrate fundamental skills to:
  - 4.1.1 communicate
  - 4.1.2 manage information
  - 4.1.3 use numbers
  - 4.1.4 think and solve problems
- 4.2 demonstrate personal management skills to:
  - 4.2.1 demonstrate positive attitudes and behaviours
  - 4.2.2 be responsible
  - 4.2.3 be adaptable
  - 4.2.4 learn continuously
  - 4.2.5 work safely
- 4.3 demonstrate teamwork skills to:
  - 4.3.1 work with others
  - 4.3.2 participate in projects and tasks
5 identify possible life roles related to the skills and content of this cluster
- 5.1 recognize and then analyze the opportunities and barriers in the immediate environment
- 5.2 identify potential resources to minimize barriers and maximize opportunities