Aboriginal Rights (016535)

Overview

Delivery method

Virtual classroom

Duration

3 hours

Audience

Legal Professionnals

Description

Please note that this course is open to Justice Canada legal professionals only (lawyers, notaries who are members of the Chambre des notaires du Québec and paralegals).

This course provides an introduction to the law in relation to Aboriginal rights. This includes a review of Aboriginal rights in the common law before 1982, and the recognition and affirmation of Aboriginal rights that came with section 35 of the Constitution Act, 1982. The course provides an introduction to the Van der Peet test for the recognition of Aboriginal rights, as well as an introduction to the Powley test for the recognition of Métis Aboriginal rights. The course introduces participants to the law relating to the justification of infringements of Aboriginal rights. The course will also touch on treaty rights, the duty to consult, and Aboriginal title.

Topics covered

• Aboriginal rights in the common law before 1982;
• section 35 of the Constitution Act, 1982;
• the Van der Peet test for the recognition of Aboriginal rights;
• the Powley test for the recognition of Métis Aboriginal rights;
• justification of infringements of Aboriginal rights (the Sparrow test);
• introduction to treaty rights, the duty to consult, and Aboriginal title; and
• Justice Canada approaches to Aboriginal rights litigation.

Pre-requisite: Basic Principles of Aboriginal Law (005441) recommended

Presented by the Aboriginal Law Centre (ALC) in collaboration with the Legal Practices Policy Division (LPPD).

Registration deadline: 5 working days prior to the course date.

Participants are responsible for adding their training activities to their Outlook calendars.

Accommodation measures: The Department of Justice is committed to providing an inclusive and barrier-free learning environment. If you have any accessibility needs in order to fully participate in the training activity, please contact your manager to discuss your needs. You may also call upon the services of the Centre for Workplace Access-Ability, Health and Wellness to help identify what type of accommodation measures you require.

For more information: Contact the Centre for Legal Education Services.

The link to the accreditation summary will be provided here, once available.