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LAW 202 Study Guide - Comprehensive Final Exam Guide - Canada, Aboriginal Peoples In Canada, Colonialism


Department
Law
Course Code
LAW 202
Professor
Hugo Choquette
Study Guide
Final

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LAW 202

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CLO1:Describe some of the major historical, social, and political forces impacting the
development and evolution of the legal framework between the Canadian state and the
Aboriginal peoples of Canada.
CLO2:Explain the main points of interaction between the Canadian legal system and the
Aboriginal peoples of Canada in areas such as resource development, the criminal justice
system, and social welfare
CLO3:Describe the importance of Indigenous legal traditions in Canada to current and future
reconciliation between the Canadian state and Aboriginal peoples.
CLO4:Contrast Western and Indigenous traditions of legal reasoning and argumentation.
CLO5:Describe current legal issues affecting Aboriginal peoples of Canada within the broader
context of the world’s Indigenous peoples.
CLO 6:Evaluate the impact of international standards on Canadian Aboriginal Law, including the
United Nations Declaration on the Rights of Indigenous Peoples
Week 1 and 2
The Colonial Legacy
By the end of this topic, learners will be able to:
Recognize the impact of colonialism on Aboriginal peoples in Canada [CLO 1]
Identify the continuing effect of past and current colonial structures on the social,
economic, and political conditions of Aboriginal peoples in Canada [CLO 1]
Describe the role that law and legal structures have played and continue to play in
perpetuating the legacy of colonialism for Aboriginal peoples [CLO 1, 2]
Analyze the role of law in effecting change and helping to reverse the legacy of
colonialism for Aboriginal peoples [CLO 1, 2, 3, 4]
Week 3 and 4
Indigenous Legal Traditions
By the end of this topic, learners will be able to:
Describe the similarities and differences of a number of Indigenous legal traditions
existing in Canada [CLO 3, 4]
Discuss broad differences between legal reasoning in Western legal traditions and in
Indigenous legal traditions [CLO 4]
Analyze the effect of the lack of recognition/repression of Indigenous legal traditions as
part of the legacy of colonialism [CLO 1, 2, 3]
Examine the role that recognition and revitalization of Indigenous legal traditions can
play in the reconciliation of Aboriginal peoples with the Canadian state [CLO 3]
Week 5 and 6
Sovereignty, Governance & Constitutional Issues
By the end of this topic, learners will be able to:
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Identify some traditional governance structures of Aboriginal peoples in Canada [CLO 1,
3, 4]
Contrast traditional structures with those imposed by the Indian Act and other colonial
legislation [CLO 1, 2, 3, 4]
Compare the governance of Aboriginal peoples in Canada to other models in use around
the world, with reference to international instruments such as the UN Declaration on the
Rights of Indigenous Peoples [CLO 1, 2, 5, 6]
Evaluate the challenges and opportunities of existing governance structures and the
possibilities for reform [CLO 1, 2, 3, 6]
Week 7 and 8
Economic Development & Traditional Lands
By the end of this topic, learners will be able to:
Identify legal and other barriers to economic development among Aboriginal peoples in
Canada [CLO 1, 2]
Contrast Western views of economic development with Indigenous views of economic
development [CLO 3, 4, 5]
Discuss the challenges and successes of Aboriginal businesses in Canada [CLO 1, 2, 6]
Discuss Aboriginal peoples’ rights to their traditional lands in Canadian law and in
relation to international law [CLO 2, 5, 6]
Examine the principle of free, prior and informed consent (FPIC) and its relationship to
the duty to consult in Canadian law [CLO 2, 5, 6]
Week 9 and 10
Health, Education & Justice
By the end of this topic, learners will be able to:
Identify systemic barriers to accessing health and educational services for Aboriginal
peoples in Canada [CLO 1, 2]
Assess the response by Canadian governments and the justice system to these barriers
and attempts to improve health and education in Aboriginal communities [CLO 1, 2]
Describe the systemic factors leading to overrepresentation of the Aboriginal population
in Canada’s justice system, in particular in the correctional system [CLO 1, 2, 3, 4]
Relate the socio-economic situation of Aboriginal peoples in Canada to that of
Indigenous peoples throughout the world [CLO 2, 5, 6]
Week 11
Indigenous Women’s Tissues
By the end of this topic, learners will be able to:
Discuss the impact of colonialism on women’s traditional roles in Aboriginal societies
and current challenges facing Aboriginal women [CLO 1, 2, 3, 4]
Identify systemic legal and other factors leading to inequality for Indigenous women both
in Canada and throughout the world [CLO 1, 2, 5, 6]
Assess Canadian governments’ and the justice system’s response to the crisis of
missing and murdered Indigenous women (MMIW) [CLO 1, 2, 6]
Identify the role of Indigenous women in the struggle to reverse the legacy of colonialism
[CLO 1, 2, 6]
Discuss challenges and successes experienced by Indigenous women in Canada and
internationally [CLO 1, 2, 6]
Week 12
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