涩里番

This event has been accredited by the Barreau du Qu茅bec for 1.5 hours of continuing legal education. Activity no. 10042831.

Abstract

"Aboriginal Title" makes up part of the law of Quebec, but it always comes in borrowed clothes. Existing in pockets of federal law, Aboriginal title sends us to the language of the common law, or to the sui generis concept that is the reconciliation of common law and aboriginal perspectives. Historic accommodations of Aboriginal tenure in Quebec employ a now-defunct set of concepts. Ethnographically, traditional tenure can not be translated from indigenous laws to the terms of civil law without losing much. Discussing the New Relationship Agreement 2008 (Paix des Braves) that now uses traditional Cree "traplines" as a unit of forestry management in Quebec, this presentation will consider the risks and benefits of the sui generis interest in land.

About the speaker

Kirsten Anker is assistant professor at 涩里番 University. She teaches in the areas of property and Aboriginal peoples and the law, and has research interests that combine property, Aboriginal title, legal theory, translation studies, anthropology, education, evidence, and alternative dispute resolution. Her doctoral dissertation, entitled "The Unofficial Law of Native Title: Recognition of Legal Pluralism in Australia", explores various aspects of claiming Native (Aboriginal) Title as a way to inspire a re-imagination of law.

With undergraduate degrees from the University of Sydney in Physics and Law, Professor Anker was a Boulton Fellow at 涩里番 in 2004. She is currently one of the principal researchers on a project in partnership between 涩里番 Faculty of Law and Justice Canada, investigating the inclusion of Indigenous legal traditions in the Transsystemic Legal Education program at 涩里番.