Monthly Archives: October 2016

Clashing rights: When indigenous legal systems collide with Canadian law

Historically, Aboriginal legal systems have received little to no recognition under Canadian law. It was not until the Constitution Act of 1982 that Aboriginal rights were formally recognized and protected under section 35 of the Canadian Constitution. Yet, Aboriginal rights recognized under Canadian law are limited, and subject to interpretation by the courts. In light…
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Aboriginal Centred Curricula: Weaving Reconciliation into Legal Studies

With the movement towards reconciliation between Indigenous and non-Indigenous peoples, law schools have been called upon to develop Indigenous-sensitive curriculums and mechanisms that facilitate Indigenous participation within the legal profession. Lakehead University’s Bora Laskin Faculty of Law has taken the lead in this area: not only have they become the first law school to make…
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Reconciling Traditions: A legal workshop on access and benefit sharing, indigenous traditional knowledge, and biodiversity

The relationship between the federal government and Canada's indigenous peoples has undergone a number of significant developments over the past 12 months. The election of a new government in Ottawa, the long-anticipated release of the Truth and Reconciliation Commission's report into Canada's residential schools, and the launch of a national inquiry into missing and murdered indigenous women and…
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As the Curtin Draws on TK: WIPO-IGC Session 31 Kicks the Can Further Down the Road

Between September 19 and 23, 2016, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) commenced the first of a two-part negotiation over a potential instrument for the effective protection of traditional knowledge (TK), pursuant to its mandate for the 2016-2017 biennium. In the summer, the IGC concluded negotiations…
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