Law
107 Indigenous Law
Essays and Case Studies
Canadian Aboriginal Law in 2018: Essays & Case Summaries (CanLII user licence)
This collection of essays and case summaries is our attempt to compile some of the most useful and important decisions from Canadian courts in 2018 on issues related to Indigenous Peoples and Aboriginal law and to comment on some of the important emerging issues.
It is not intended as a comprehensive or authoritative list of all Aboriginal law cases from 2018, nor is every issue covered in depth. Rather, it represents our own idiosyncratic overview of decisions we found particularly notable.
Despite its modest objectives, we hope this collection proves to be a useful guide and resource for Indigenous people, lawyers, students and the general public engaged in the difficult work of decolonization.
First Peoples Law: Essays on Canadian Law and Decolonization, 3rd Edition (CanLII user licence)
Advocacy is not restricted to the Courtroom.
The essays in this collection are part of my contribution to advancing and protecting Indigenous Peoples’ rights in Canada. They are grounded in my training as a lawyer and historian, informed by my legal work on behalf of Indigenous Peoples’ across Canada, and inspired by my clients’ strength and optimism. I hope you find them informative, engaging and encouraging.
The Enbridge Northern Gateway Pipelines: Reconciling Interests (CC BY)
Drawing from a case study of the Northern Gateway (Enbridge) pipeline project we consider if it is possible to reconcile or mediate the conflicting objectives and goals of the resource proponent and the First Nations whose lands the pipeline will traverse. We will draw from the existing legal precedents and a consideration of approaches taken to such disputes in similar settings in other settler-colonial societies such as New Zealand and Australia. In considering the efficacy of Canadian legal measures we need to consider the place and role of Indigenous laws and if they are given sufficient weight in disputes such as this.
Reports
Accessing Justice and Reconciliation Project: Final Report
Final report of this collaborative research project.
A part of the Cree Legal Traditions Report.
Nawendiwin: The Art of being related – Anishinaabeg Kinship-centred Governance and Family law
The Niijkiwendidaa Anishnaabekwewag Services Circle partnered with ILRU over two years to produce this report which shines light on Anishinaabeg kinship-centred governance and family law. The report aims to help Anishinaabeg and other Indigenous and non-Indigenous community members and service providers have a greater understanding of how to work with and empower families and children in a way that honours and respects Anishinaabeg laws.
Access Here: Nawendiwin Report
Access Here: Nawendiwin Casebook
Secwépemc Laws of K̓wséltkten and Secwépemc-kt (see attributions in the resources)
The Indigenous Law Research Unit and Shuswap Nation Tribal Council, with the Secwépemc Sna7a Elders Council published a Report, Casebook, Glossary, Summary, and Summary graphic on Secwépemc Laws of K̓wséltkten and Secwépemc-kt (Secwépemc laws of belonging). The project represents years of engagement with knowledge sharers, narratives, Secwepemctsín, and embedded learning at cultural gatherings.
Access Here: Report
Access Here: Casebook
Access Here: Glossary
Access Here: Summary
Access Here: Summary Graphic
Teaching Guides
Mikomosis and the Wetiko, A Teaching Guide (free online version)
The ILRU-designed graphic novel explores Cree and Canadian legal approaches to danger, harm, and wrongdoing through the lens of a fictionalized historical event and is accompanied by a teaching guide. The graphic novel is available for purchase, as is a hardcopy of the teaching guide. To make this resource more accessible, former ILRU students recorded a telling of the story with images from the graphic novel included.
Textbooks
Indigenous Perspectives on Business Ethics and Business Law in British Columbia (CC BY 4.0)
This book explores business ethics and business law through the lens of Indigenous-settler relations in Canada (with a focus on British Columbia in particular). It aims to fill a gap in business curriculum and support instructors who want to bring Indigenous content into their classes. The book starts by exploring relevant history, focusing on treaties, legislation, and federal government policy. It then looks at business ethics and what it means for businesses to work ethically with Indigenous communities. And finally, the book discusses business law and the requirements and responsibilities for businesses doing work on Indigenous lands.
Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives (CC BY-NC-ND 4.0)
We’re excited to share this first ever open-access casebook on criminal law in Canada with you. Our hope is not only that it can contribute in a small way to making legal education less expensive, but that it can also enhance access to justice by making these materials available widely to law students, legal professionals and the general public. As a digital casebook, we have been able to include multi-media content like podcasts and videos and can easily update it with the latest changes to the law. This casebook is, of course, not intended to provide legal advice, but legal information and critical content.
Toolkits
A Toolkit for On-Reserve Matrimonial Real Property Dispute Resolution
A toolkit designed to inform communities and individuals about dispute resolution options, major issues and important questions to consider when developing matrimonial real property laws, including the relevance and applicability of Indigenous legal traditions.
Coast Salish Laws Relating to Child and Caregiver Nurturance & Safety (see attributions in the resources)
NIȽ TU,O Child and Family Services (NIȽ TU,O), in partnership with the Indigenous Law Research Unit (ILRU), created a Toolkit on Child and Caregiver Nurturance and Safety centred on Coast Salish knowledge and law. The Toolkit hopes to educate and empower families, children, service providers, and agencies to have a better understanding of how to be in supportive community while respecting and honouring Salish law. It is accompanied by a casebook and two activity books.
Access Here: Toolkit
Access Here: Abridged Casebook
Access Here: Activity Book 1
Access Here: Activity Book 2
Note: The abridged casebook is for public use and distribution. A more extensive casebook for community members is available upon request. Please email toolkit@niltuo.ca for further information.
Gender Inside Indigenous Law
The gender inside Indigenous Law Toolkit and Casebook are designed to generate discussions about Indigenous law and critical gender issues. Included is the Skirt Short video to generate discussion about gender, clothing and identity.
Learn more about The Skirt Project.
Videos
Indigenous Law Video on Demand (see description)
The videos are available for free online for educators, facilitators, community groups, community organizations, and the general public. The overall package of videos consists of the three main videos, which are between 5 to 10 minutes long each, as well as an archive comprised of nine longer videos of full interviews. The main videos offer focused discussion on particular topics and are easily useable in classrooms, group meetings, and gatherings. If you are interested in watching the full interviews and conversations, then check out the archive! Each video is provided with a description and a list of keywords so that you can identify the topics covered. A discussion guide also accompanies the videos, and can be accessed for free. See: Indigenous Law Video on Demand Discussion Guide.
