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Aboriginal Law

The following types of resources are available in this area:

Resources - Area of law

Aboriginal Criminal Law Mock Sentencing Scenario: R. v. Brown

This Aboriginal sentencing scenario focuses on an Aboriginal youth who has already spent time in a youth detention centre for previous crimes. He has now been convicted of assault. A sentencing hearing ensues during which a victim impact statement is read. The scenario is followed by 8 discussion questions which can easily be used for class discussion or assigned as homework to an academically focused group. The scenario can be used in a mock sentencing hearing or mock sentencing conference/circle or both. 

Aboriginal Criminal Law Mock Sentencing Scenario: R. v. James

In this aboriginal sentencing scenario, James, an aboriginal youth, pleads guilty to the charge of carrying a concealed weapon. The scenario can be used in a mock sentencing hearing or mock sentencing conference/circle or both. The scenario includes several questions dealing with the factors to be taken into consideration during sentencing. These questions may be more appropriate for an academic focused class and could be assigned as homework.
 

Constitutional Law Mock Appeal Scenario: R. v. Peltier

This resource, originally from the OJEN Fall 2011 Charter Challenge, deals with mandatory minimum sentences for drug possession. Mr. Daniel Peltier plead guilty to a single count of trafficking a controlled substance and was subject to a minimum prison sentence under the Controlled Drugs and Substances Act. Mr. Peltier brought an application challenging the mandatory minimum sentence on the grounds that the law violated his right to be free from cruel and unusual punishment and his equality rights under ss.

Handout: Restorative Justice in the Criminal Context

Restorative justice is based on the principle that criminal behaviour harms not only the victim(s) of crime, but also the community and the wrongdoer(s) as well. Restorative justice responds to crime by addressing the harm caused to victims, holding wrongdoers accountable for their actions, and restoring relationships with the community.

In Brief - Idle No More

OJEN is pleased to present the first in a series of classroom resources designed to support classroom teachers’ integration of legally significant, but complex, current events into their law, civics and other classes. In Brief – Idle No More gives a short introduction to key events and legal and social issues raised by the Idle No More movement in Canada and supplements this with critical discussion questions and links to related legal case summaries from OJEN and strong resources from elsewhere on the internet

Land Claims in Ontario - Kathleen Lickers (SLI 2007)

This paper provides notes from a presentation by Kathleen Lickers, prepared for the 2007 Toronto Summer Law Institute. This is an introduction to land claims, with a focus on the Ipperwash Inquiry.
 

Landmark Case: Aboriginal Treaty Rights - R. v. Marshall

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case. 

Landmark Case: Equality Rights, the Indian Act, and the Canadian Bill of Rights - R. v. Drybones

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case. 

In 1970, in the case of R. v. Drybones, the majority of the Supreme Court of Canada (SCC) considered s. 94(b) of the Indian Act. This section made it an offence for an Indian to be intoxicated off a reserve. In effect, the section singled out Indians because there was no similar legislation penalizing intoxicated non-Indians.

Landmark Case: The Ipperwash Inquiry

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case. 

Landmark Case: The Métis Hunting Rights Case - R. v. Powley

Each OJEN Landmark Case includes a case summary, classroom discussion questions and worksheets that encourage students to explore both the legal and societal importance of the case. 

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