The Osgoode Indigenous Students Association (OISA) attended the Indigenous Bar Association’s (IBA) 26th annual conference in Calgary on October 2 to 4th. Elder Clarence Wolfleg welcomed the IBA back to the location of its first conference, and introduced participants to Treaty 7 territory with prayer and smudging from a sitting position. All were welcomed to the conference by a drum song performed by men from the Siksika Nation. Eight members of OISA’s executive attended the conference to learn more about how Indigenous legal traditions and perspectives can enrich traditional legal education and courts in Canada.
Co-presidents Jessica George and Scott Franks presented OISA and Osgoode’s achievements and plans to the Indigenous law student associations attending from the University of British Columbia, University of Saskatchewan, University of Calgary, and University of Toronto, among others. Indigenous student leaders at other law schools asked about developing Aboriginal law camps similar to Osgoode’s first annual Anishinaabe Law Camp, and in moving towards a career panel model that OISA will promote in the winter term. Jessica and Scott will bring the experiences and initiatives of other student associations back to Osgoode, which include ideas for an Indigenous student-mentoring program, financing, enriched curriculum, bringing cultural activities to combat student stress, and speaker series. OISA also looks forward to increased partnerships with the other Indigenous Student’s Associations – especially University of Toronto – hoping there can be more collaboration between our schools.
The main conference focused on the question of how Indigenous legal traditions and perspectives might enrich traditional legal education, courts, and communities in Canada. The Honourable Justice Murray Sinclair questioned the assumption whether Canada should or can be enriched by Indigenous laws and customs. Justice Sinclair emphasized the importance of Indigenous laws and traditions to Indigenous peoples, communities, and practitioners. Lawyers David Nahwegahbow and Jean Teillet reflected on “hunting for justice” in the Canadian courts, on the uncertainty of “wins” and “losses” in Aboriginal law, and the viability of the courts for achieving “justice.”
Highly relevant to institutions like Osgoode Hall Law School, John Borrows, Jeffrey Hewitt, Tracey Lindberg, Sakej Henderson and others shared their experiences bringing Indigenous laws, traditions, and peoples to Canadian legal education. John Borrows highlighted Osgoode’s Anishinaabe Law Camp in his home community of Neyaashiinigmiing and a recent fasting ceremony at the University of Victoria as two examples of building the foundations for Indigenous laws in Canadian legal education. Sakej Henderson shared the special connections between law, laughter, love and the heart in Indigenous legal traditions – not “the romantic kind of love we find in European family courts.” Tracey Lindberg drew attention to the danger of perpetuating problematic aspects of the Canadian legal system when introducing Indigenous “perspectives” and “cultures” to the courts. Jeffrey Hewitt shared the story of the hummingbird and the forest fire, and the importance of doing “all that one can.” All the panelists emphasized the need for sustained, critical, experiential, community and land-based Indigenous legal education. The only question that remains is how to best to implement these ideals in each law school.
Each OISA executive also attended workshops related to Metis rights, and treaty law such as the United Nations’ Declaration on the Rights of Indigenous Peoples and other international treaties that affect Canadian Indigenous people, child welfare, missing and murdered Indigenous women and bundle protocol, access to justice, northern issues including residential schools, and reclaiming Indigenous place names.
While the conference was an immense learning experience, it was also a wonderful occasion to meet and share experiences with students from other law schools, and to network with many of the leading Indigenous legal professionals. Connections were made and, in some cases, OISA representatives re-connected with peers and classmates from years before.
OISA is actively sharing this experience with other members and the broader Osgoode community, and will introduce initiatives and projects for membership approval and implementation. For more information on the speaking events and panels that took place during the conference, please visit the OISA website at www.oisalaw.com.
Scott Franks (Co-President)
The IBA was a fantastic opportunity to share some of OISA and Osgoode’s successes and plans with Indigenous Law Student Associations throughout Canada. The theme of this conference had a special significance for me: enhancing Canadian courts and traditional legal education with Indigenous legal traditions and perspectives. I am excited to bring these experiences to Osgoode, and to start a discussion that involves all students at Osgoode on this journey.
Jessica George (Co-President)
I value the opportunity I had to travel to the IBA and to represent OISA and Osgoode. It was an inspiring weekend. While many moments and themes stand out for me, I think that what I will always carry with me is the Honourable Justice Murray Sinclair’s simple reminder that students with a knowledge of Indigenous issues and the problems that face Indigenous communities have a special responsibility to use that knowledge, especially as law students and lawyers, to effect change. I am excited to bring the knowledge I gained at the IBA back to Osgoode and to start that change among the OISA membership, and the broader student population.
Terrance Luscombe (External Communications):
What I found most useful about attending the IBA was seeing very experienced litigators talk practically, tactically, and strategically about aboriginal rights litigation. Jean Teillet, for instance, was especially refreshing and brought dry, legal analysis back into the real world – and the real world back into dry legal analysis.
Sabrina Molinari (Speaker Series Coordinator)
The most valuable thing I found at the IBA was the interactions I had with fellow Speaker Series Coordinators from other law schools across Canada. Meeting with these individuals provided me with many ideas and potential contacts for upcoming speaker series/panel discussions. The most exciting discussion I had was making all speaker series events more accessible across Canada, school to school. Based on this idea, starting in the winter semester, a few schools have agreed to film their discussion panels so other schools can watch the discussion. Osgoode will also do this during our panel on Indigenous traditions within the law.
Metis Rights and Treaty Law
Jean Teillet and Larry Chartrand provided an update on Metis rights and treaty law since R v Hirsekorn. Larry Chartrand from the University of Ottawa described the newly instituted Metis Treaty Research Group at the University of Ottawa. The research group will look at Metis treaties in Canada, including Scrip, Treaty Adhesions, and the Manitoba Act, among others. Metis rights and treaty is a developing area of Aboriginal law. (Scott Franks)
Indigenous Rights and International Law
Brenda Gunn, an Assistant Professor at University of Manitoba’s Robson Hall Law School, and a contributor to the analysis and drafting of the UN Expert Mechanism on the Right of Indigenous People, clarified that international reports and treaties are not enough to spur Canada into action. She inspired those in attendance and reminded us that we as lawyers and as representatives of Indigenous communities need to use these reports and treaties as first steps, and as the support for our own grassroots call to action; we cannot sit back with these useful documents and have faith that Canada will implement them on its own. If history has showed us, it won’t. (Sabrina Molinari)
First Nations Child Welfare
The First Nations Child Welfare panel provided updates on the ongoing case, First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian Affairs and Northern Development Canada), 2014 CHRT 2. The First Nations Child and Family Caring Society filed their claim that the inequitable funding of child welfare services on First Nations reserves constitutes discrimination on the basis of race and national or ethnic origin. After many tactical delays by the government, closing arguments on the merit of the case will be given on October 20-24. On October 20th, there will be a live webcast through fncaringsociety.com. Similar human rights complaints have been brought in the areas of special education, policing, health, and water. For more information, these cases are: Mississaugas of New Credit First Nation v Canada, 2013 CHRT 32, Mushkegowuk Council v Attorney General of Canada Ruling, 2013 CHRT 3, and a recent statement of claim filed by the Tsuu T’ina, Ermineskin, Sucker Creek and Blood First Nations. (Laura Mayer)
Missing and Murdered Indigenous Women
Jodi Stonehouse described the protocols of Bundles and Bundle Keepers for missing and murdered Indigenous women.It was acknowledged this coming summer (July/August 2015), Judi and a few other traditional bundle keepers will run the Highway of Tears in BC, laying medicine down at all locations where women have been found. The workshop provided the opportunity for participants to share their thoughts, feelings, and reflections about violence against Indigenous women. The stories shared in the circle were heavy and intensely personal, and the workshop space itself was very solemn. (Sabrina Molinari, Terrance Luscombe)
Access to Justice
Fallon Melander of Legal Aid Ontario (LAO), Denise Lightning of Lightning Law, and Sherri Turner, a Gladue report writer, shared their experiences of working within the legal aid system. The workshop highlighted the increasing prevalence of access to justice problems for Aboriginal peoples. The workshop drew attention to a disturbing trend, where trial courts’ and Crown Attorneys’ dismiss or ignore aboriginal rights and Gladue principles on Aboriginal offender sentencing. Fallon Melander discussed recent changes to LAO, particularly their Aboriginal Justice Strategy and the institution of Aboriginal Law Panel certification for lawyers looking to represent aboriginal offenders on a Legal Aid certificate. Last, it was stressed that it is important to get well-written Gladue Reports from local elders and experts that can speak to the particular circumstances of the community and the offender. (Laura Mayer)
Northern Issues and Residential Schools
Magnolia Unka-Wool Unka-Wool discussed difficulties related to residential school settlements in the north. Although residential school settlements can include compensation for future care and healing, individuals must be able to show a care plan that includes counseling. Unfortunately, because there are no addictions treatment centres in the Northwest Territories, individuals cannot receive compensation for future care – even if they intend to heal by participating in activities on the land. (Scott Franks)
Reclaiming Indigenous Place Names
Jude Daniels focused on traditional territories across Canada, and the names these locations used to hold. Jenna Broomfield, and visiting professor Christine Cruz from New Mexico, provided a lot of information during this workshop. During this workshop, members discussed the importance of acknowledging our traditional territories by their original names and how, by doing so, communities may further prove continuous connection to the land. (Sabrina Molinari)