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) KAREN DRAKE / PAGE 1 OF 12 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: <http://odl.openum.ca/en/language-rights-as-aboriginal-rights-from-words-to-action/>. 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: <https://reconciliationsyllabus.wordpress.com/2015/08/>. 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. KAREN DRAKE / PAGE 2 OF 12 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). KAREN DRAKE / PAGE 3 OF 12 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) <https://www.youtube.com/watch?v=mZIiLmJt-_M> and <http://nationtalk.ca/story/karen-drake-the-law-and-politics-of-metis-title-indg-speakers- series>. 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) <https://www.youtube.com/watch?v=F7a2HCMN8WI&feature=youtu.be>. 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). KAREN DRAKE / PAGE 4 OF 12 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
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