John Borrows Curriculum Vitae
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Inuit Students' Experiences of Postsecondary Education
Qallunaaliaqtut: Inuit Students’ Experiences of Postsecondary Education QALLUNAALIAQTUT: INUIT STUDENTS’ EXPERIENCES OF POSTSECONDARY EDUCATION IN THE SOUTH THIERRY RODON Université Laval FRANCIS LÉVESQUE Université du Québec en Abitibi-Témiscamingue SHEENA KENNEDY DALSEG Carleton University ABSTRACT. The purpose of this study was to learn from the experiences of post- secondary Inuit students from Canada. Through surveys, interviews, and focus groups, we realized that despite the challenges associated with pursuing post- secondary education in the South, most respondents perceived their experience to be positive. Lack of access to sufficient and equitable funding was perceived by respondents to be a significant barrier, as was the lack of readily available information for prospective students from Inuit Nunangat. We conclude with a brief discussion of possible actions for improving access to university education in Inuit Nunangat, notably that governments should not only focus on training and should develop programs that reflect Inuit students’ needs and aspirations. QALLUNAALIAQTUT: L’EXPÉRIENCE DES ÉTUDIANTS INUITS DANS LES ÉTABLISSEMENTS POSTSECONDAIRES DU SUD RÉSUMÉ. L’objectif de cette étude est de mieux comprendre l’expérience des étu- diants inuits du Canada. Au moyen d’enquêtes, d’entrevues et de groupe focus, on constate qu’en dépit des défis importants rencontrés par ces étudiants, leur expérience est globalement positive. Les participants ont toutefois noté que le manque de financement et le manque d’information sur les études postsecon- daires étaient les obstacles les plus importants. En conclusion, on explore les actions qui permettraient d’améliorer l’accès aux études postsecondaires dans l’Inuit Nunangat, en insistant notamment sur le fait que l’on ne doit pas se concentrer uniquement sur les programmes professionnels, mais que l’on doit aussi répondre aux besoins et aspirations des étudiants inuits. -
Aboriginal Title and Private Property John Borrows
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 71 (2015) Article 5 Aboriginal Title and Private Property John Borrows Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Aboriginal Title and Private Property John Borrows* Q: What did Indigenous Peoples call this land before Europeans arrived? A: “OURS.”1 I. INTRODUCTION In the ground-breaking case of Tsilhqot’in Nation v. British Columbia2 the Supreme Court of Canada recognized and affirmed Aboriginal title under section 35(1) of the Constitution Act, 1982.3 It held that the Tsilhqot’in Nation possess constitutionally protected rights to certain lands in central British Columbia.4 In drawing this conclusion the Tsilhqot’in secured a declaration of “ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land”.5 These are wide-ranging rights. -
Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State
We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State by Amar Bhatia A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Faculty of Law University of Toronto © Copyright by Amar Bhatia 2018 We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State Amar Bhatia Doctor of Juridical Science Faculty of Law University of Toronto 2018 Abstract This dissertation proposes re-asserting Indigenous legal authority over immigration in the face of state sovereignty and ongoing colonialism. Chapter One examines the wider complex of Indigenous laws and legal traditions and their relationship to matters of “peopling” and making and maintaining relations with the land and those living on it. Chapter Two shows how the state came to displace the wealth of Indigenous legal relations described in Chapter One. I mainly focus here on the use of the historical treaties and the Indian Act to consolidate Canadian sovereignty at the direct expense of Indigenous laws and self- determination. Conventional notions of state sovereignty inevitably interrupt the revitalization of Indigenous modes of making and maintaining relations through treaties and adoption. Chapter Three brings the initial discussion about Indigenous laws and treaties together with my examination of Canadian sovereignty and its effect on Indigenous jurisdiction over peopling. I review the case of a Treaty One First Nation’s customary adoption of a precarious status migrant and the related attempt to prevent her removal from Canada on this basis. While this attempt was ii unsuccessful, I argue that an alternative approach to treaties informed by Indigenous laws would have recognized the staying power of Indigenous adoption. -
Studying Indigenous Politics in Canada: Assessing Political Science's Understanding of Traditional Aboriginal Governance
Studying Indigenous Politics in Canada: Assessing Political Science's Understanding of Traditional Aboriginal Governance Frances Widdowson, Ezra Voth and Miranda Anderson Department of Policy Studies Mount Royal University Paper Presented at the 84th Annual Conference of the Canadian Political Science Association University of Alberta, Edmonton, Alberta, June 13-15, 2012 In the discipline of political science, the importance of understanding the historical development of political systems is recognized. A historical sequence of events must be constructed and analyzed to determine possible causes and effects when studying politics and government systematically. Introductory political science textbooks lament the minimal historical understanding that exists amongst the student body because it is maintained that those “without a historical perspective are adrift intellectually. They lack the important bearings that make sense of Canada‟s unique history, as well as the development of Western civilization and the rise and 1 fall of other civilizations”. Historical understanding is particularly important in the study of indigenous politics in Canada, where there is a constant attempt to link modern and traditional forms of governance. Understanding aboriginal traditions is essential for achieving aboriginal-non-aboriginal reconciliation, and many political scientists argue that misrepresentations of pre-contact indigenous governance continue to perpetuate colonialism. This makes it important to ask how aboriginal political traditions are being -
YORK STUDENT Welcome to York Maddy Chose York for Its Desirable Toronto Location, Multicultural Environment and Extensive Course Offerings
BEING A YORK STUDENT Welcome to York Maddy chose York for its desirable Toronto location, multicultural environment and extensive course offerings. “York really gave me the freedom to pursue all of my passions, allowing me to take an interdisciplinary approach to my studies,” she says. “I love that I can combine all of my passions and interests into one major.” As an international student, she especially appreciated the welcoming vibe of the large, beautiful and diverse campus. “One of the most profound parts of York, in my opinion, As our closest neighbour, the York University is Canada’s leading interdisciplinary is that it gives you the United States plays an integral teaching and research university, offering a modern experience to be a well- role in life in Canada and at rounded world citizen, which academic experience at both the undergraduate and York. Since our countries are is necessary in this globalized graduate levels in Toronto — Canada’s financial hub so closely tied, York maintains 21st century.” and most international city. York’s Keele campus is excellent relationships with a a self-contained community and a global centre for After graduation, Maddy plans number of American academic research and information. The Glendon campus, on to continue her education institutions. Our connections here at York by attending the other hand, is the only fully integrated bilingual Maddy MacKechnie with the United States range graduate school. campus of its kind in Canada, where students take From Wisconsin, USA from arts and academics to courses in English and French and often learn a third BA Hons. -
Indigenous Peoples and International Trade Edited by John Borrows , Risa Schwartz Frontmatter More Information
Cambridge University Press 978-1-108-49306-2 — Indigenous Peoples and International Trade Edited by John Borrows , Risa Schwartz Frontmatter More Information indigenous peoples and international trade The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the UN Declaration also encom- passes cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self- determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples’ participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interven- tions at the World Trade Organization to developing a future precedent for a trade and Indigenous peoples chapter, Indigenous peoples are asserting their right to participate in decision-making. The authors, who include both Indigenous and non-Indigenous experts on trade and investment, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation. John Borrows is the Canada Research Chair in Indigenous Law at the University of Victoria Law School in British Columbia. He is the author of numerous publications, including Resurgence and Reconciliation (2018) and Law’s Indigenous Ethics (2019). He is the 2017 Social Sciences Killam Prize winner and the 2019 Molson Prize winner. John is Anishinaabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario, Canada. Risa Schwartz is a sole practitioner, focusing on international law and the intersections among trade law, environmental law and Indigenous rights. -
2011-12 Indigenous Rights and Increasing Access To
Canadian Lawyers Abroad-Avocats canadiens à l’étranger 2011-2012 Student Chapter Theme Document Indigenous Rights and Increasing Access to Justice for First Nations, Inuit and Métis Peoples “There can be no peace or harmony unless there is justice” - Report of the Royal Commission on Aboriginal Peoples Table of Contents 1) CLA Annual Theme 2011-2012:.................................................................................3 2) UN Declaration on the Rights of Indigenous Peoples.................................................4 3) Aboriginal Rights in the Canadian context..................................................................5 What are Aboriginal Rights?............................................................................................5 I. Three main categories of Aboriginal Rights:.............................................................5 a) Inherent Aboriginal Rights........................................................................................5 b) Aboriginal Title.........................................................................................................6 c) Treaty Rights.............................................................................................................6 II. Indian Act..................................................................................................................7 III. Honour of the Crown and its Implications................................................................7 IV. Duty to Consult .........................................................................................................8 -
SEVEN GIFTS: REVITALIZING LIVING LAWS THROUGH INDIGENOUS LEGAL PRACTICE* by John Borrows†
SEVEN GIFTS: REVITALIZING LIVING LAWS THROUGH INDIGENOUS LEGAL PRACTICE* by John Borrows† CONTENTS Maajitaadaa (An Introduction) 3 Dibaajimowin (A Story) 4 Niizhwaaswi Miigiwewinan (Seven Gifts) 7 I Nitam-Miigiwewin: Gii’igoshimo (Gift One: Vision) 8 II Niizho-Miigiwewin: Gikinoo’amaage Akiing (Gift Two: Land) 9 III Niso-Miigiwewin: Anishinaabemowin (Gift Three: Language) 9 IV Niiyo-Miigiwewin: Dibaakonigewigamig (Gift Four: Tribal Courts) 10 V Naano-Miigiwewin: Anishinaabe Izhitwaawinan (Gift Five: Customs) 11 VI Ningodwaaso-Miigiwewin: Chi-Inaakonigewinan (Gift Six: Constitutions) 12 VII Niizhwaaso-Miigewewin: Anishinaabe Inaakonigewigamig (Gift Seven: Indigenous Legal Education) 13 Boozhoo nindinawemaaganidoog. Nigig indoodem. Kegedonce nindizhinikaaz. Neyaashiinigmiing indoonjibaa. Niminwendam ayaawaan omaa noongom. Miigwech bi-ezhaayeg noongom. Niwii-dazhindaan chi-inaakonigewin. Anishinaabe izhitwaawinan gaye. I am very grateful for the opportunity to be with you today. I am grateful to be amongst friends. I am thankful to have so many supportive colleagues with us and to know that I am amongst my Elders. Justice Harry LaForme taught me at Osgoode Hall Law School when I was a doctoral student there in the early ‘90s. I am also very grateful for the introductions we received from the Elders, the Chief, and representatives of the Métis Nation. I am thankful we live in a beautiful world. Standing in this room this morning, looking out over the water and seeing Nanaboozhoo, the Sleeping Giant, is a reminder of the power of this place. It was also great to be in the Fort William First Nation’s sugar bush yesterday, nestled between those two escarpments, as the light snow fell on us. It was a reminder of the beauty of the stories that can swirl around us this time of year. -
Towards Implementing the Truth and Reconciliation Commission's Calls to Action in Law Schools: a Settler Harm Reduction Ap
TOWARDS IMPLEMENTING THE TRUTH AND RECONCILIATION COMMISSION’S CALLS TO ACTION IN LAW SCHOOLS: A SETTLER HARM REDUCTION APPROACH TO RACIAL STEREOTYPING AND PREJUDICE AGAINST INDIGENOUS PEOPLES AND INDIGENOUS LEGAL ORDERS IN CANADIAN LEGAL EDUCATION SCOTT J. FRANKS A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS GRADUATE PROGRAM IN LAW OSGOODE HALL LAW SCHOOL YORK UNIVERSITY TORONTO, ONTARIO August 2020 © Scott J. Franks, 2020 Abstract Many Canadian law schools are in the process of implementing the Truth and Reconciliation Commission’s Call to Actions #28 and #50. Promising initiatives include mandatory courses, Indigenous cultural competency, and Indigenous law intensives. However, processes of social categorization and racialization subordinate Indigenous peoples and their legal orders in Canadian legal education. These processes present a barrier to the implementation of the Calls. To ethically and respectfully implement these Calls, faculty and administration must reduce racial stereotyping and prejudice against Indigenous peoples and Indigenous legal orders in legal education. I propose that social psychology on racial prejudice and stereotyping may offer non- Indigenous faculty and administration a familiar framework to reduce the harm caused by settler beliefs, attitudes, and behaviors to Indigenous students, professors, and staff, and to Indigenous legal orders. Although social psychology may offer a starting point for settler harm reduction, its application must remain critically oriented towards decolonization. ii Acknowledgments I have a lot of people to acknowledge. This thesis is very much a statement of who I am right now and how that sense of self has been shaped by others. -
Exercising Indigenous Jurisdiction Over Collective Rights”
“EXERCISING INDIGENOUS JURISDICTION OVER COLLECTIVE RIGHTS” INDIGENOUS BAR ASSOCIATION IN CANADA 17TH ANNUAL FALL CONFERENCE Casino Rama – Chippewas of Rama Mnjikaning First Nation Rama, Ontario - October 21 – 22, 2005 FINAL SUMMARY REPORT This Final Summary Report is not to be reproduced without permission. “Exercising Indigenous Jurisdiction Over Collective Rights” i Indigenous Bar Association 17th Annual Conference Oct 21 – 22, 2005 Acknowledgements The Indigenous Bar Association in Canada wishes to acknowledge the support of the following organizations which provided funding in support of this conference and IBA Student Day: Conference Sponsors Corporate Gifts Cassels Brock & Blackwell LLP Aboriginal Art and Culture Celebration Department of Justice Canada Society (Vancouver) Heenan Blaikie Indigenous Law Journal – University of Law Commission of Canada Toronto Law Foundation of Ontario Native Law Centre (Saskatoon) Law Society of Ontario Mnjikaning First Nation Law Society of Upper Canada Scotiabank McCarthy Tetrault LLP Ontario Secretariat for Aboriginal Affairs Scotiabank We would like to acknowledge and show appreciation for the Elders who made such important contributions to these events including Merritt Taylor, Pauline Shirt, Norm Stinson and Myrna Watson. Many thanks go to the judges, leaders, academics, lawyers, students, etc. who served as session chairs, plenary presenters, panel presenters, and workshop facilitators in the conference and who participated in Student Day. The quality of presenters at the conference is testament to the outstanding members of the IBA membership. We are very fortunate in being able to draw largely from our membership in ensuring conference delegates have exposure to some of the brightest and best minds on the various issues discussed at our conference. -
Promises and Challenges of Achieving Racial Equality in Legal Education in Canada
PROMISES AND CHALLENGES OF ACHIEVING RACIAL EQUALITY IN LEGAL EDUCATION IN CANADA Elizabeth Adjin-Tettey & Maneesha Deckha* This paper considers the challenges law school actors (students, faculty, ad- ministrators) face in countering the hegemonic whiteness of Canadian law schools. In examining both admissions policies as well as current dominant law school cul- tures, the authors reveal how Canadian law schools can act as sites of institutional racism and provide suggestions on how to meaningfully diversify law schools in order to create a more egalitarian society. Part I of the paper focuses on admis- sions policies. The authors discuss the need for affirmative action and analyze dif- ferent options for implementing racial balance in the admissions process. The pa- per also provides insights relating to the need for outreach and recruitment of racialized students as well as considers the way the racialization of poverty may impact attempts to achieve racial equality in legal education. Part II of the paper focuses on the cultural norms that permeate law schools and the difficulties they pose to racialized students and faculty. Specific problematic practices relating to academic support, curriculum content, classroom dynamics, pedagogy, evaluation and administration are identified and concrete steps that law schools can adopt in these areas to achieve greater racial balance are offered. The paper ends by high- lighting the importance of racial equality in legal education to the broader goal of achieving a socially just society. Le pr´esent article porte sur les d´efis que doivent relever les diff´erents acteurs des facult´es de droit (les etudiants,´ le corps professoral, les administrateurs) en ce qui a trait a` l’h´eg´emonie des Blancs au sein des facult´es de droit au Canada. -
Indigenous Law: Issues, Individuals, Institutions And
Fourword: Issues, Individuals, Institutions and Ideas JOHN BORROWS∗ There is a story about a young man who had a dream. In this dream he saw people scrambling up and down the rugged faces of four hills. When he looked closer he noticed each hill seemed to have different groups of people trying to scale its heights.1 He was perplexed. The first hill, to the east, was covered with very small people. Many were weeping and crying; some were covered in blood or lay lifeless at the base. The foot of the hill where they were piled was shrouded in darkness. The shadows and twisted heap made it hard to see how many were gathered there in death, or life. A bit higher, other tiny bodies could be seen crawling over rocks and spring scrub, determinedly edging their way higher over rough terrain. Knees were scraped, hands were red, but their upward progress was noticeable. At other points it was possible to see some totter forward on wobbly legs, through halting steps and tender help from a few around them. Small bits of tobacco would change hands in thanks. Some were laughing and playing, joyfully climbing to their destination. They seemed to be enjoying the challenge that stood before them. They learned from their mistakes, and carefully watched those around them to see how to go on. Yet, every so often one would trip, or lose their hold on the hill, and tumble and scrape to the bottom. A few had reached the top, and stood in the bright yellow glow of the morning sun.