KAREN DRAKE ASSISTANT PROFESSOR Lakehead University Bora Laskin Faculty of Law
EDUCATION
Master of Laws, University of Toronto 2012 - 2013
Juris Doctor, University of Toronto 2004 - 2007
PhD Candidate (Philosophy), University of Toronto (degree not 1999 - 2003 completed)
Master of Arts (Philosophy), Queen’s University 1998 - 1999
Honours Bachelor of Arts, Lakehead University 1994 - 1998
EMPLOYMENT
Assistant Professor (tenure track), Lakehead University, Faculty of Law July 2013 - present
Judicial Law Clerk, Federal Court November 2012 - § Served as a part-time judicial law clerk to Justice Leonard S. July 2013 (Tony) Mandamin
Lawyer, Erickson & Partners September 2009 - § Aboriginal legal issues, labour and employment law, human rights July 2012
Judicial Law Clerk, Ontario Court of Appeal August 2008 - July § Served as a judicial law clerk to Justice Stephen Borins, Justice 2009 Susan Lang, Justice Harry LaForme, and Justice Gloria Epstein
Cassels Brock & Blackwell LLP August 2007 - June § Articling Student (2007-2008) 2008; Summer 2006 § Summer Student (Summer 2006)
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PUBLICATIONS
REFEREED ARTICLES – DOUBLE-BLIND, PEER-REVIEWED
Karen Drake, “Finding a Path to Reconciliation: Mandatory Indigenous Law, Anishinaabe Pedagogy, and Academic Freedom”, Canadian Bar Review (forthcoming).
Karen Drake & Adam Gaudry, “‘The lands…belonged to them, once by the Indian title, twice for having defended them…, and thrice for having built and lived on them’: The Law and Politics of Métis Title”, Osgoode Hall Law Journal (forthcoming).
Karen Drake & Richard Maundrell, “Researcher-Participant Privilege, Confidentiality, and the Jailhouse Blues”, McGill Journal of Law and Health (forthcoming).
Karen Drake, “The Trials and Tribulations of Ontario’s Mining Act: The Duty to Consult and Anishinaabek Law” (2015) 11:2 McGill International Journal of Sustainable Development Law and Policy 183.
Karen Drake, “R. v. Hirsekorn: Are Métis Rights a Constitutional Myth?” (2013) 92:1 Canadian Bar Review 149.
NON-REFEREED ARTICLES
Karen Drake, “Language Rights as Aboriginal Rights: From Words to Action” National Observatory on Language Rights (25 July 2016), online:
Karen Drake, “What’s Happening at Lakehead’s Faculty of Law?” Reconciliation Syllabus: A TRC-Inspired Gathering of Materials for Teaching Law (August 2015), online:
Karen Drake, “Attawapiskat Wins Judicial Review of Decision to Appoint Third-Party Manager”, Ontario Bar Association’s Aboriginal Law Section Newsletter (December 2012).
Karen Drake, “UN Declaration on the Rights of Indigenous Peoples” Ontario Bar Association’s Aboriginal Law Section Newsletter (December 2007).
Karen Drake, “Tragedy of Errors: Findings of the Ipperwash Inquiry” Ontario Bar Association’s Aboriginal Law Section Newsletter (December 2007).
Karen Drake, “Report of the Ipperwash Inquiry” (2007) 11(2) Australian Indigenous Law Review 102.
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REFEREED CONFERENCE PRESENTATIONS
Karen Drake, “Reconciliation Pedagogy” (Panel at the Canadian Association of Law Teachers Annual Conference in association with Congress of the Humanities and Social Sciences: Energizing Communities, at the University of Calgary, 30 May 2016).
Karen Drake, “A Liberal Defence: Aboriginal Rights and the Legitimacy of Crown Sovereignty” (Panel entitled “Aboriginal Law and Sovereignty” at the Canadian Law and Society Association Annual Conference in association with Congress of the Humanities and Social Sciences: Energizing Communities, at the University of Calgary, 29 May 2016).
Karen Drake, “Métis Title: Truth or Fiction?” (Panel entitled “Indigenous Land Claims and Territorial Authority” at the Canadian Law and Society Association Annual Conference in association with Congress of the Humanities and Social Sciences: Capital Ideas, at the University of Ottawa, 4 June 2015).
Karen Drake, “Amended but still Unconstitutional: The Trials and Tribulations of Ontario’s Mining Act” (Panel entitled “Between a Rock and a Caribou – Development Impacts on First Nations in Ontario’s Far North” at the 15th Biennial Global Conference of the International Association for the Study of the Commons in Edmonton, 26 May 2015).
Karen Drake and Richard Maundrell, “Protecting Confidentiality: To the Limits of the Law and Beyond?” (Canadian Association of Research Ethics Boards National Conference and Annual General Meeting in Vancouver, 2 May 2015).
Karen Drake, “Aboriginal Rights, Equality and Liberalism: Understanding the Backlash to Idle No More” (The Toronto Group Conference 2013: Social Movements and the Law, at the University of Toronto Faculty of Law, 17 May 2013).
Karen Drake, “Situating Aboriginal Rights within Liberalism” (Reflective Law: 18th Annual UBC Interdisciplinary Legal Studies Graduate Student Conference, at the University of British Columbia Faculty of Law, 7 May 2013).
INVITED PRESENTATIONS (FOR ACADEMIC AND/OR LEGALLY TRAINED AUDIENCES)
Karen Drake, “Implementing Recommendations #27 and #28 of the Truth and Reconciliation Commission Report” (Plenary panel hosted jointly by the Canadian Law and Society Association and the Canadian Association of Law Teachers in association with Congress of the Humanities and Social Sciences: Energizing Communities, at the University of Calgary, 30 May 2016).
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Karen Drake, “Implementing the Truth & Reconciliation Commission’s Recommendations” (Panel hosted in conjunction with the 22nd Ivan C. Rand Memorial Lecture at the University of New Brunswick’s Faculty of Law in Fredericton, New Brunswick on 2 March 2016).
Karen Drake, “The Law and Politics of Métis Title” (Lecture for the Department of Indigenous Studies’ INDG Speakers Series at the University of Saskatchewan, held at the Native Law Centre, College of Law in Saskatoon on 2 February 2016)
Karen Drake, “Truth, Reconciliation, and Legal Education: The TRC Syllabus and Indigenous Laws” (Wunusweh Lecture in Aboriginal Law, hosted by University of Saskatchewan’s College of Law in Saskatoon on 1 February 2016)
Karen Drake, “First Nations and Just Health Care Decision-making” (Panelist, “Encounters in Bioethics” hosted by Lakehead University’s Centre for Health Care Ethics in Thunder Bay, 25 & 26 November 2015.
Karen Drake, “Métis Rights in Canada: What’s New and What’s Next?” (Indigenous Perspectives on Law and Rights Speakers Series hosted by Dalhousie University and Saint Mary’s University in Halifax, 22 January 2015). Podcast available online: http://rabble.ca/podcasts/shows/needs-no-introduction/2015/02/indigenous-perspectives- on-law-and-rights
Karen Drake, “Liberalism and Aboriginal Rights” (Panelist, Aboriginal law landscape: What’s on the horizon? Aboriginal Law Student Conference hosted by Lakehead University’s Bora Laskin Faculty of Law’s in Thunder Bay, 7 November 2014).
Karen Drake, “Building the Foundation: Bringing Indigenous Laws & Perspectives into Canadian Legal Education, Licensing and Specialist Certification Programs” (Panelist, Indigenous Bar Association’s 26th Annual Fall Conference, Calgary, 3 October 2014).
Karen Drake, “Tsilhqot'in and Keewatin - Implications for Aboriginal and Treaty Rights in Ontario” (Panelist, Ontario Bar Association, Toronto, 16 September 2014).
Karen Drake, “Aboriginal Rights, Self-Government and Sovereignty: What is the Modern Significance of these Concepts?” (Legal Services Branch of the Ministry of Community Safety & Correctional Services, 24 October 2013).
Karen Drake, “Dealing with Specific Records and Special Challenges” (Panelist at Evidence for Litigators, hosted by the Thunder Bay Law Association and the Advocates’ Society in Thunder Bay, 30 September 2010).
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INVITED PRESENTATIONS (FOR GENERAL AUDIENCES)
Karen Drake, “Aboriginal Rights” (Presentation for the Horizontal Aboriginal Relations Training (HART) Program hosted by Ontario’s Ministry of Municipal Affairs and Housing and Ministry of Transportation, Thunder Bay, 22 March 2016).
Karen Drake, “Why Do Aboriginal Rights Exist?” (Presentation for the Thunder Bay Rotary Club, Thunder Bay, 12 April 2016).
Karen Drake, “Why Do Aboriginal Rights Exist?” (Presentation for The Speakers' School, Waverly Library, Thunder Bay, 30 November 2015).
Karen Drake and Richard Maundrell, “Protecting Confidentiality: To the Limits of the Law and Beyond?” (Presentation to the Canadian Association of Research Administrators, webinar, 3 September 2015).
Karen Drake, “How Treaties Impact Our Community” (Panelist, Kenora District Municipal Association’s 2015 Annual General Meeting in Ignace, Ontario, 6 February 2015).
Karen Drake, “Should Aboriginal Peoples have Special Legal Rights?” (Lecture for the In Conversation Lecture Series at Waverly Library, Thunder Bay, 25 October 2014).
Karen Drake, “Building Bridges” (Panelist, CBC's Community Forum at Confederation College, Thunder Bay, 1 October 2014).
Karen Drake, “Aboriginal Rights, Self-Government and Sovereignty: What is the Modern Significance of these Concepts?” (Native Awareness Seminar Series of the Ontario Provincial Police, at the Ontario Provincial Police General Headquarters in Orillia, 23 May 2013).
Karen Drake, “New and Emerging Trends in Employment Law” (Presentation to members of the Thunder Bay Business Women’s Network in Thunder Bay, 18 October 2010).
WORKSHOP PRESENTATIONS
Karen Drake, “Indigenizing Legal Education” (Transforming Legal Education in Canada: A Workshop to Inspire Change hosted by the Canadian Bar Association in Toronto, 4 March 2016).
Karen Drake, “Women and Mining in Peacetime” (Sustainable Mining, International Law, and the Rights of Women and Girls Workshop, Faculty of Law at Western University, London, Ontario, 18 September 2015).
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Karen Drake, “Private Law Approaches to Regulating the Relationship between Extractive Industries and Indigenous Peoples” (Workshop on Emerging International, Transnational and Domestic Law Issues in the Relationship between Extractive Industries and Indigenous Peoples, Centre for International Governance Innovation, London, Ontario, 25 June 2015)
Karen Drake, “Policy and Legal Mechanisms of Protecting Traditional Knowledge” (From Community Knowledge to a Knowledge Community: Emerging International Law Issues related to Biodiversity, Traditional Knowledge and Traditional Cultural Expressions Workshop, Centre for International Governance Innovation, London, Ontario, 14 May 2015)
GRANTS AND SCHOLARSHIPS
SSHRC - Partnership Development Grants – Community and College Social 2016-2018 Innovation Fund College - $112,936 § “Negahneewin leading the way: supporting community development through Indigenous women's leadership” § Co-investigator
SSHRC - Connection Grant - $13,966 2016 § To host a workshop entitled “Redefining Relationships: Indigenous Peoples and Canada” in conjunction with the Indigenous Bar Association’s 2016 annual conference § Co-investigator; Principal Investigator: Prof. Brenda Gunn
CONFERENCES AND WORKSHOPS ORGANIZED
“Academics’ Workshop”, Indigenous Bar Association, Toronto (October 13, 2016); co- organizer.
“Academics’ Workshop”, Indigenous Bar Association, Toronto (October 15, 2015); co- organizer.
“The Aboriginal Law Landscape: What’s Ahead?” Lakehead University, Faculty of Law (November 7, 2014); co-organizer.
“35@30: Reflecting on 30 years of s. 35”, University of Toronto, Faculty of Law (October 25-27, 2012); provided research and logistical support to conference organizers.
“Indigenous Law and Legal Systems: Recognition and Revitalization”, University of Toronto, Faculty of Law (January 26 & 27, 2007); co-organizer.
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EDITORIAL ACTIVITIES
Lakehead Law Journal 2013-present § Founding Co-Editor in Chief
Indigenous Law Journal at the University of Toronto, Faculty of Law 2004-2007 § Co-Editor in Chief (2006-2007) § Senior Editor (2005-2006) § Assistant Editor (2004-2005)
University of Toronto Faculty of Law Review 2004-2005 § Assistant Editor
PROFESSIONAL AND RESEARCH AFFILIATIONS
Centre for Health Care Ethics at Lakehead University - Research Affiliate 2016-present
National Observatory on Language Rights within the Public Law Research 2016-present Centre at the Université de Montréal - Special Correspondent
Centre of Excellence for Sustainable Mining & Exploration at Lakehead 2014-present University - Researcher
Barrister and Solicitor, Law Society of Upper Canada 2008-present
Member, Thunder Bay Law Association 2013-present 2009-2012
COMMUNITY SERVICE
Ontario Human Rights Commission 2016 - § Commissioner present
Commission on Métis Rights and Self-Government 2016-present § Commissioner
Indigenous Bar Association 2013-present § Member-at-Large of the Board of Directors (2015-present) § Member (2013-present)
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Thunder Bay Métis Council 2014-present; § Member at Large (2016-present) 2009-2012 § Chair (2014-2016) § Vice Chair (2009-2012)
Thunder Bay Regional Health Sciences Centre’s Research Ethics Board, 2014-present § Appointed as the alternate member knowledgeable in the relevant law pursuant to article 6.4 of the Tri-Council Policy Statement, 2010
Ontario Bar Association, Aboriginal Law Section Executive 2012-2013; § Member-at-large (2012-2013) 2004-2007 § Newsletter Co-Editor (2005-2006) § Secretary (2004-2005, 2006-2007)
Métis Voyageur Development Fund, Vice Chair of the Board of Directors 2011-2013
City of Thunder Bay’s Anti-Racism Advisory Committee, Member 2009-2012
Métis Artists’ Collective, Director 2007-2009
ADMINISTRATIVE RESPONSIBILITIES
SERVICE TO THE FACULTY § Faculty Appointments Committee (for 2-3 tenure-track appointments per year in the Faculty of Law), Member, 2013-2014; 2014-2015; 2015-2016 § Hiring Committee for Director of Indigenous Relations, Member, 2016 § Student Advising, July 16-31, 2016 § Aboriginal Admissions Committee, Member, 2013-2014; 2014-2015; 2015- 2016, 2016-2017 § Faculty of Law’s Aboriginal Advisory Committee, Member, 2013-present § Aboriginal Recruitment, 2013-2014; 2014-2015; 2015-2016 § Admissions Committee, Member, reviewed approx. 100-150 applications for admissions per year, 2013-2014; 2014-2015 § Acting Dean, June 1-15, 2014 § Blanket Ceremony for graduating students, May 2016, responsible for wrapping two students § Panelist, Session for third year law students on “Finding Your Career Path(s) in Law” as part of the Orientation to Third Year Placements, September 2, 2015 § Panelist, Session for law students on Judicial Clerkships, September 10, 2014; November 2, 2015 § Panelist, Session for law students on Effective Networking Strategies, March 6, 2014
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SERVICE TO THE UNIVERSITY § Research Ethics Board, § Vice-Chair and Member knowledgeable in the relevant law, 2016-2019 § Member knowledgeable in the relevant law, 2013-2016; 2010-2012 § Acting Chair, November 24-27, 2015 and for one application in March 2016 § Kendaasiwin Centre Steering Committee, Member, 2014-present; 2011-2012 § Ogimaawin-Aboriginal Governance Council Advisors’ Committee, Member, 2013-present § Hiring Committee for Founding Dean of the Faculty of Law, Member representing Métis Communities, 2011-2012 § Chancellor’s Task Force on Lakehead University’s Faculty of Law, Member, 2011-2012
COURSES TAUGHT
Courses taught at the Bora Lakin Faculty of Law at Lakehead University § LAW 1530: Indigenous Legal Traditions (previously titled “Native Canadian World Views and Law”), two sections per year in 2013-2014, 2014-2015, 2015- 2016, 2016-2017 § LAW 2000: Aboriginal Legal Issues (previously titled “Aboriginal Law”), 2014- 2015, 2015-2016, and 2016-2017 § LAW 1570: Property Law, two sections in 2013-2014; one section in 2014- 2015, and 2015-2016 § LAW 2555: Legal Philosophy, 2016-2017 § LAW 3533: Directed Research Paper, supervised two students in 2015-2016; committed to supervising four students in 2016-2017
Courses taught at Negahneewin College at Confederation College § LV 202: Aboriginal Law and Self-Government (January 2012-May 2012) § LV 409: International Human Rights and Indigenous Peoples (co-taught with Amy Britton-Cox, January 2011-May 2011)
Courses supported as a teaching assistant at the University of Toronto § PHL243H1: Philosophy of Human Sexuality (summer 2003) § PHL200Y1: Ancient Philosophy (September 2002-May 2003) § PHL271H1: Law and Morality (June 2001; January 2003-April 2003) § PHL382H1: Ethics: Death and Dying (September 2002-December 2002) § PHL100Y1: Introduction to Philosophy (September 2000-May 2001) § PHL100Y1: Introduction to Philosophy (September 2001-May 2002) § PHL271H1: Law and Morality (June 2001) § PHL240H1: Persons, Minds and Bodies (January 2000-May 2000) § PHL341H1: Freedom, Responsibility and Human Action (September 1999- December 1999)
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Moot Coach § Kawaskimhon Moot, held at Queen’s University in Kingston on March 11-13, 2016; co-coached team of three third-year students from the Bora Laskin Faculty of Law
Guest Lectures at Lakehead University § Lecture entitled “Consent and Sadomasochism” for PHIL-3319: Philosophy of Love, course taught by Dr. Jason Blahuta, November 9, 2016 § Lecture entitled “Indigenous Involvement in Mining in Ontario” for NRMT-2054: Aboriginal Peoples and Natural Resources, Lakehead University, course taught by Dr. Peggy Smith, October 26, 2016 § Lecture entitled “Why do Treaties Still Matter Today?” for EDUC-4000-YC: Indigenizing Perspectives & Practice, Lakehead University, course taught by Dr. Lisa Korteweg, October 15, 2014 § Lecture entitled “Aboriginal Case Law” for NRMT-2054: Aboriginal Peoples and Natural Resources, Lakehead University, course taught by Dr. Cynthia Wesley- Esquimaux, October 21, 2013
MEDIA INTERVIEWS
Syndicated interviews with nine CBC radio stations (April 15, 2016): § “Information Morning: Saint John”, CBC New Brunswick, hosted by Hance Colburne, 6 am ET. § “Morning North”, CBC Sudbury, hosted by Markus Schwabe, 6:20 am ET. § “Information Morning: Moncton”, CBC New Brunswick, hosted by Jonna Brewer, 6:40 am ET. § “Quebec AM”, CBC, in Quebec City, hosted by Susan Campbell, 6:50 am ET. § “Central Morning”, CBC Newfoundland and Labrador, in Gander, hosted by Leigh Anne Power, 7:20 am ET. § “On The Island”, CBC British Columbia, in Victoria, hosted by Gregor Craigie, 7:50 am ET. § “Daybreak North”, CBC British Columbia, in Prince George/Prince Rupert, hosted by Russell Bowers and Carolina DeRyk, 8:00 am ET. § “The Morning Edition”, CBC Saskatchewan, in Regina, hosted by Sheila Coles, 8:10 am ET. § “Daybreak South”, CBC British Columbia, in Kelowna, hosted by Chris Walker, 8:20 am ET. Interviewed about the Supreme Court of Canada’s decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12, on jurisdiction over Métis peoples in Canada.
“Superior Morning with Lisa Laco” CBC-Thunder Bay, 88.3 FM (April 18, 2016 at 7:40 am). Interviewed about the Supreme Court of Canada’s decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12, on jurisdiction over Métis peoples in Canada.
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Community Conversations, television show hosted by Steve Mantis on Shaw Cable (aired March 18, 2016), online:
Veronica Yao, “Aboriginal Advocates: How Karen Drake Is Educating The Next Generation Of Law Professionals”, Talent Egg (February 8, 2016), online:
Neil Etienne, “Truth and Reconciliation Makeover: Law Schools Ponder How to Teach Aboriginal Law” Law Times (11 January 2016). Interviewed about how best to fulfill the Truth and Reconciliation Commission’s Call to Action #28.
“The Current with Anna Maria Tremonti”, CBC Radio (January 6, 2016 at 9 am), online:
Nora Rock, “Providing High-Quality Service to Indigenous Clients” (January 2016) 15:1 LawPRO Magazine, online:
Jessica Flower, “Law schools: Aboriginal law crucial” unews.ca (23 January 2015) online:
“Increased treaty awareness welcome” Chronicle-Journal (4 December 2014). Quoted about the need to interpret historical land surrender treaties in accordance with the oral promises made during negotiations.
“Superior Morning with Lisa Laco” CBC-Thunder Bay, 88.3 FM (21 November 2014 at 7:40 am). Interviewed about the appeal of the Federal Court of Appeal’s decision in the Daniels case regarding whether the Métis fall within federal jurisdiction.
“Episode #12” Spirit Canoe (13 November 2014) online:
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“Superior Morning with Lisa Laco” CBC-Thunder Bay, 88.3 FM (24 October 2014 at 7:40 am). Interviewed about the justification for special legal rights for Aboriginal peoples.
Jody Porter, “Bridge Builder: Karen Drake addresses controversial question” CBCNews- Thunder Bay (29 September 2014) online:
Daniel Fish, “Thunder Bay is ready for take off. Here's why young lawyers should care”, Precedent Magazine (September 3, 2014) online:
“Episode #1” Spirit Canoe (28 August 2014) online:
Christopher Guly, “Beckoning Aboriginal community” The Lawyer’s Weekly (25 November 2011) 22, online:
Kate Lunau, “Bye-bye Bay Street” Maclean’s (19 September 2011) U8, online: < http://www2.macleans.ca/2011/09/15/bye-bye-bay-street/>. Quoted on the need for law school graduates in the North.
“News: Northern Exposure” Precedent (Fall 2011), online:
James Thom “Human rights act now applies to First Nations” Wawatay News (21 July 2011) 9. Quoted on the effect of the repeal of s. 67 of the Canadian Human Rights Act on First Nations.
Michael Valpy “Tired of the courts, natives call for action” The Globe and Mail (25 June 2007) A5. Quoted on the need to educate mainstream Canadian society regarding the constitutional rights of Indigenous peoples.
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