Decolonizing First-Year Torts

 

Decolonizing First-Year Torts

This summer, Allard Law Indigenous Legal Studies (“ILS”) again brought together faculty, Indigenous alumni, and other members of the community to offer a 5-credit intensive course to incoming Indigenous first-year law students: the ILS Summer Intensive in Tort Law. For seven weeks over May and June 2022, students engaged in academically rigorous study, including an examination of tort law through the lens of Indigenous perspectives.

Developed and co-led by ILS Associate Director Lee Schmidt and myself, supported by a dedicated team of upper-year students, and with the generous support from donors, Allard Law and the Law Foundation of British Columbia, the course focuses on substantive skill development, community building, cultural support, and mentorship. Mentoring events and academic supports throughout the entire summer gave students the opportunity to strengthen the Indigenous law students’ community and continue to build skills in preparation for first-year law school.

Many in the legal community generously gave their time and expertise to inform and broaden students’ study of the curriculum, including on topics such as the challenges of studying colonial law, the Indian Residential Schools Settlement,  the Independent Assessment Process, and systemic issues faced by Indigenous peoples in Canada. In addition to Allard Law faculty, guest speakers included Musqueam Councillor Morgan Guerin; IRSSS Counsellor Yvonne Jones; and lawyers Bruce McIvor, Micah Clark, Nigel Baker-Grenier, Tamara Starblanket, Melinda Skeels, and Judge Alex Wolf. Lawyer and teacher Terri-Lynn Williams Davidson, a citizen of the Haida Nation, returned as guest lecturer, speaking to students about Haida laws, the Haida worldview and the fundamental differences between how Western legal systems and Haida and Gitxsan legal systems address civil wrongs.

We have been very fortunate to have Elders working with us as cultural mentors and providing
students with teachings to guide them through a colonial education. Sadly, Elder Kat Zucomulwut Norris, an active and enthusiastic supporter of Indigenous students, was ill during the course and passed away in July. Elder Kat’s legacy of contributions will endure as a gracious source of wisdom, strength, and humour.

Indigenous Legal Studies student Gabriel George of the Tsleil-Waututh Nation completed the course in 2021 and says it has had a profound impact on his life and the lives of his classmates. “There are these intangible barriers to success, such as self-doubt, cultural differences and a sense of social alienation,” says Gabriel. “The course helped us overcome these problems and build a sense of belonging and confidence among the Indigenous law student community.”

Now entering his second year of law school, Gabriel says completing the Summer Intensive laid the groundwork to approach his studies through a unique Indigenous lens: “Although the Canadian legal system is a vehicle of colonialism, it’s crucial for more Indigenous peoples to get involved in this field to help assert our inherent rights and to provide Indigenous peoples with meaningful representation and protection in the colonial justice system.”  Métis student Rikki Logan adds: “I think it’s crucial that to be a competent lawyer, you understand law that reflects more than the predominant colonial perspective... students can take this knowledge with them through their careers and use it to achieve Indigenous clients’ success.”

Anne Uteck, faculty, Allard School of Law.