Today’s blog post features a first-person reflection of one of our contributor's (Sheila Raffray) experience at the 31st Annual Indigenous Bar Association (IBA) Conference.
Tansi Nîtôtemtik,
Executive Members of the Indigenous Law Students' Association at the Indigenous Bar Association Conference Gala in Ottawa, Ontario on November 1st, 2019.
The IBA Conference was hosted on the lands of the Algonquin Nation in Ottawa, Ontario with a theme of “ Nid-àdisòkàniminàna, Ni tibahigewiniminànan: Our Stories, Our Laws”. While I am unable to capture all aspects of the conference, I want to share my experiences with three aspects:
- The general theme as it relates to a presentation of the case of Restoule v Canada (Attorney General)[1],
- Recognition of Justice Leonard (Tony) Mandamin as the recipient of the Indigenous Peoples’ Counsel award, and
- Representation of the University of Alberta Faculty of Law at the conference.
Oral History as Evidence in Restoule v Canada (Attorney General)
The theme of “Nid-àdisòkàniminàna, Ni tibahigewiniminànan: Our Stories, Our Laws” was evident throughout the various breakout sessions. In a number of the sessions legal scholars presented on Indigenous legal traditions and principles, including their role in the treaty-making process and how they are being used in contemporary Canadian court cases. I was especially interested in a presentation on the case of the Robinson Huron Treaty annuities in Restoule v Canada (Attorney General). Last year, I completed the jurisprudence course “Indigenous Laws: Questions and Methods for Engagement” which explored Cree legal traditions and principles. The presentation provided the opportunity to observe the theoretical shift to the practical.
Dianne Corbiere, legal counsel for Restoule, presented on how Anishinaabe law and legal principles were presented as fact evidence in the case to assist in understanding the common intention of both parties at the time of entering into the Robinson Huron Treaty. Elder Dr. Alan Corbiere was also authorized as an expert witness in the oral history and written record of the wampum and Covenant Chain relationship between the Anishinaabe and the Crown from the Anishinaabe perspective during the 18th and 19th centuries. The qualification of Elder Corbiere as an expert witness in oral history is evidence of Indigenous Stories as Law. The recognition of oral history as evidence is a step towards reconciliation between Indigenous Peoples and their laws and the Canadian common-law legal system.
Justice Mandamin Awarded with Indigenous Peoples’ Counsel Designation
This year marked the 21st year that the IBA awarded an Indigenous lawyer with the prestigious Indigenous Peoples’ Counsel (I.P.C) designation. The I.P.C. designation is awarded to an Indigenous lawyer in recognition of outstanding achievements in the practice of law and who serves their community and the Creator with honour and integrity. The I.P.C. designation is similar to that of the designation of Queen’s Counsel. Past I.P.C. recipients include Justice Murray Sinclair, Mary Ellen Turpel-Lafond, Metis lawyer Jean Teillet and professor John Burrows to name a few. This year the I.P.C. designation was awarded to Justice Leonard (Tony) Mandamin.
Prior to being called to the bench, Justice Mandamin argued before the Supreme Court of Canada in the seminal treaty rights case of R v Badger.[2] Justice Mandamin was called to the bench and served as a Provincial Court of Alberta judge before becoming a Justice of the Federal Court in Ottawa. Justice Mandamin retired in August 2019 and is now completing his Masters of Arts in Native Studies at the University of Alberta.
University of Alberta Faculty and Student Representation
As a source of pride, I would like to share that the University of Alberta Faculty of Law had the largest number of student representatives present for the conference. Support from the Faculty of Law and local corporate sponsorship provided student representatives from the Indigenous Law Students’ Association (ILSA) with the opportunity to attend. I think what was ultimately most impactful as a student was the opportunity to learn more about all of the amazing work being done in Indigenous Law. It was inspiring to hear about the progress being made and the shifts occurring within the legal field. This is especially important given how easy it is to feel overwhelmed by how much there is still to do in terms of reconciliation. As a student who was able to attend I found that I was able to make meaningful relationships with Indigenous lawyers and judges from across the country. Each year ILSA hosts an Indigenous Speakers Series and attendance at the IBA conference allows students to connect with potential speakers.
The University of Alberta was also represented by professor Hadley Friedland. Professor Friedland along with Cindy Blackstock, Sarah Morales and Koren Lightning-Earle presented a panel titled “Our Families, Our Laws”. Professor Friedland shared how the Faculty of Law is teaching traditional Cree legal traditions. It is also worth noting that the Law Society of Alberta was one of only two provincial Law Society sponsors. Reconciliation requires investment and resources and I am personally grateful for the support from the University of Alberta’s Faculty of Law, corporate sponsors in Edmonton, and the Law Society of Alberta.
Yours Truly,
Sheila Raffray, A Member of Team ReconciliAction YEG
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[1] Restoule v Canada (Attorney General), [2018] ONSC 7701.
[2] R v Badger, [1996] 1 SCR 771.
