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Friends Who Argue - Introduction to Indigenous Law and Legal Orders – Part 2: The Way Forward

Introduction to Indigenous Law and Legal Orders – Part 2: The Way Forward

09/30/22 • 59 min

Friends Who Argue

In Part 2 of this two-part series, our panel continues their discussion on Indigenous laws and legal traditions, with a focus on the way forward. They discuss some of the work that is already taking place in Indigenous communities to revitalize Indigenous legal traditions and to exercise governance authority within the Canadian context more broadly, including over water. They also discuss some of the opportunities for more areas of Indigenous jurisdiction, and how to take steps to implement the recommendations of the Truth and Reconciliation Commission.
Aimée Craft is an Indigenous (Anishinaabe-Métis) lawyer from Treaty 1 territory in Manitoba and an award-winning professor and researcher at the University of Ottawa. Since 2013, Professor Craft has led research on Anishinaabe water law. Her award-winning book, Breathing Life Into the Stone Fort Treaty, focuses on understanding and interpreting treaties from an Anishinaabe inaakonigewin (legal) perspective. Professor Craft is the former Director of Research at the National Inquiry into Missing and Murdered Indigenous Women and Girls and the founding Director of Research at the National Centre for Truth and Reconciliation. She is a current member of the Speaker's Bureau of the Treaty Relations Commission of Manitoba.

Professor Alan Hanna is an Assistant Professor at the University of Victoria, where he teaches in both the JD and the JID programs. He is of mixed Blackfoot, French and Scottish heritage, and is connected to the Secwepemc through marriage. Professor Hanna’s research focuses on Indigenous laws and jurisdiction, governance, rights and title, and environmental sustainability under Indigenous legal traditions, Aboriginal law and jurisprudence, and the intersections between all these systems. Professor Hanna also sits on the Legal Advisory Panel of RAVEN Trust and the Board of Directors of the Indigenous Bar Association in Canada.

Christina Gray is a lawyer with JFK Law LLP, with a focus on litigation and Indigenous governance. Christina is a Ts’msyen citizen from Lax Kw’alaams in northern British Columbia and Dene from Yellowknife in the Northwest Territories. As a scholar, Christina’s graduate research focuses on issues of gender representation within the Ts’msyen legal order and governance system. Christina is also a Yellowhead Institute Research Fellow, which is a First Nations-led think tank rooted in community networks and committed to Indigenous self-determination.

Aria Laskin practices Aboriginal, environmental and constitutional law in JFK Law LLP’s Vancouver office. She has appeared in front of all levels of court in British Columbia and Ontario, the Federal Court, the Supreme Court of Canada and a range of administrative and arbitral panels.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

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In Part 2 of this two-part series, our panel continues their discussion on Indigenous laws and legal traditions, with a focus on the way forward. They discuss some of the work that is already taking place in Indigenous communities to revitalize Indigenous legal traditions and to exercise governance authority within the Canadian context more broadly, including over water. They also discuss some of the opportunities for more areas of Indigenous jurisdiction, and how to take steps to implement the recommendations of the Truth and Reconciliation Commission.
Aimée Craft is an Indigenous (Anishinaabe-Métis) lawyer from Treaty 1 territory in Manitoba and an award-winning professor and researcher at the University of Ottawa. Since 2013, Professor Craft has led research on Anishinaabe water law. Her award-winning book, Breathing Life Into the Stone Fort Treaty, focuses on understanding and interpreting treaties from an Anishinaabe inaakonigewin (legal) perspective. Professor Craft is the former Director of Research at the National Inquiry into Missing and Murdered Indigenous Women and Girls and the founding Director of Research at the National Centre for Truth and Reconciliation. She is a current member of the Speaker's Bureau of the Treaty Relations Commission of Manitoba.

Professor Alan Hanna is an Assistant Professor at the University of Victoria, where he teaches in both the JD and the JID programs. He is of mixed Blackfoot, French and Scottish heritage, and is connected to the Secwepemc through marriage. Professor Hanna’s research focuses on Indigenous laws and jurisdiction, governance, rights and title, and environmental sustainability under Indigenous legal traditions, Aboriginal law and jurisprudence, and the intersections between all these systems. Professor Hanna also sits on the Legal Advisory Panel of RAVEN Trust and the Board of Directors of the Indigenous Bar Association in Canada.

Christina Gray is a lawyer with JFK Law LLP, with a focus on litigation and Indigenous governance. Christina is a Ts’msyen citizen from Lax Kw’alaams in northern British Columbia and Dene from Yellowknife in the Northwest Territories. As a scholar, Christina’s graduate research focuses on issues of gender representation within the Ts’msyen legal order and governance system. Christina is also a Yellowhead Institute Research Fellow, which is a First Nations-led think tank rooted in community networks and committed to Indigenous self-determination.

Aria Laskin practices Aboriginal, environmental and constitutional law in JFK Law LLP’s Vancouver office. She has appeared in front of all levels of court in British Columbia and Ontario, the Federal Court, the Supreme Court of Canada and a range of administrative and arbitral panels.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Previous Episode

undefined - Introduction to Indigenous Law and Legal Orders – Part 1: Introducing Indigenous Legal Orders and Indigenous – Western Legal System Interactions

Introduction to Indigenous Law and Legal Orders – Part 1: Introducing Indigenous Legal Orders and Indigenous – Western Legal System Interactions

In Part 1 of this two-part series, Aria Laskin speaks with Prof. Aimée Craft, Prof. Alan Hanna and Christina Gray about Indigenous laws and legal orders, and the interactions of those systems with Western legal traditions. The panelists introduce the concept of Indigenous laws and legal orders, and some of the key pillars of Anishinaabe law. They also discuss the distinction between Indigenous and Aboriginal law, and the historic treatment of Indigenous legal systems by the Canadian state.

Aimée Craft is an Indigenous (Anishinaabe-Métis) lawyer from Treaty 1 territory in Manitoba and an award-winning professor and researcher at the University of Ottawa. Since 2013, Professor Craft has led research on Anishinaabe water law. Her award-winning book, Breathing Life Into the Stone Fort Treaty, focuses on understanding and interpreting treaties from an Anishinaabe inaakonigewin (legal) perspective. Professor Craft is the former Director of Research at the National Inquiry into Missing and Murdered Indigenous Women and Girls and the founding Director of Research at the National Centre for Truth and Reconciliation. She is a current member of the Speaker's Bureau of the Treaty Relations Commission of Manitoba.

Professor Alan Hanna is an Assistant Professor at the University of Victoria, where he teaches in both the JD and the JID programs. He is of mixed Blackfoot, French and Scottish heritage, and is connected to the Secwepemc through marriage. Professor Hanna’s research focuses on Indigenous laws and jurisdiction, governance, rights and title, and environmental sustainability under Indigenous legal traditions, Aboriginal law and jurisprudence, and the intersections between all these systems. Professor Hanna also sits on the Legal Advisory Panel of RAVEN Trust and the Board of Directors of the Indigenous Bar Association in Canada.

Christina Gray is a lawyer with JFK Law LLP, with a focus on litigation and Indigenous governance. Christina is a Ts’msyen citizen from Lax Kw’alaams in northern British Columbia and Dene from Yellowknife in the Northwest Territories. As a scholar, Christina’s graduate research focuses on issues of gender representation within the Ts’msyen legal order and governance system. Christina is also a Yellowhead Institute Research Fellow, which is a First Nations-led think tank rooted in community networks and committed to Indigenous self-determination.

Aria Laskin practices Aboriginal, environmental and constitutional law in JFK Law LLP’s Vancouver office. She has appeared in front of all levels of court in British Columbia and Ontario, the Federal Court, the Supreme Court of Canada and a range of administrative and arbitral panels.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Next Episode

undefined - Observations on Advocacy from The Hon. John I. Laskin

Observations on Advocacy from The Hon. John I. Laskin

In this episode, The Hon. John I. Laskin, a former justice at the Court of Appeal for Ontario, sits down with Natalia Rodriguez, Partner at Conway Baxter Wilson LLP, to share his observations on oral and written advocacy. The wide-ranging discussion touches on the value and purpose of oral and written advocacy, the questions in judges’ minds that advocates should address, what makes a great factum, the importance of the moral high ground, and much more.

Some of former Justice Laskin’s writings on advocacy are available to TAS members in The Advocates’ Journal archive:

1. “A View from the Other Side: What I Would Have Done Differently If I Knew Then What I Know Now” (May 1998) 17:2

2. “Forget the Windup and Make the Pitch: Some Suggestions for Writing More Persuasive Factums” (August 1999) 18:2

3. “What Persuades (or, What’s Going on Inside the Judge’s Mind)” (June 2004) 23:1

The Hon. John I. Laskin
The Hon. John I. Laskin was a Justice of the Court of Appeal for Ontario from 1994–2018. During his time on the court, former Justice Laskin made significant doctrinal contributions to every area of the law within the jurisdiction of the court. A graduate of the University of Toronto Faculty of Law, Mr. Laskin had a distinguished 23-year career in private practice, focusing on civil and public law. He served as the head of the litigation department at Davies, Ward and Beck and was counsel to three royal commissions and three provincial inquiries.
The Hon. John I. Laskin has long been a writer, speaker and lecturer on topics related to oral and written advocacy, judgment and decision writing, and related topics. An extraordinary and committed teacher, he gave generously of his time to his clerks, to counsel and to his fellow judges.

Natalia RodriguezNatalia Rodriguez is a partner at Conway Baxter Wilson LLP. She practices civil litigation and dispute resolution, with an emphasis on commercial litigation, public law litigation and appellate advocacy. She has advocated at all levels of court in Ontario, the Federal Court of Canada, and the Federal Court of Appeal, as well as in commercial arbitration proceedings. Prior to entering private practice, Natalia clerked for three justices of the Court of Appeal for Ontario and for Justice Louis LeBel at the Supreme Court of Canada.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Friends Who Argue - Introduction to Indigenous Law and Legal Orders – Part 2: The Way Forward

Transcript

Speaker 1

Welcome to Friends Who Argue a Podcast from The Advocate Society.

Speaker 2

Each episode will bring you conversations with advocates across all areas of litigation who share their stories, insights, tips, and tricks from their journeys. As advocates,

Speaker 1

We hope you'll find this podcast informative, inspiring, and most of all entertaining, and that you'l

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