Indigenous Rights Law

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Congratulations on taking the initiative to learn more about the legal field!

Questions from Julian Falconer, the founder of Falconer LLP's keynote from Future Lawyers' BE THE CHANGE 2021 Conference. He counsels on matters related to prisoner rights, police accountability, and human rights. Recently, he has been focused on Indigenous-side representation.

His bio can be found at https://www.futurelawyers.com/flc2021. Happy learning!

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Please reference the video in answering the following questions! Timestamps are provided below for each question! CW: Mentions of suicide

What did Mr. Falconer argue Choose Life at? *

The answer can be found at around 5:40 in the video!

1 point

The Indigenous Rights Tribunal, which is specifically designed to hear cases concerning the abuse infringement of Indigenous rights. It was created by Parliament in the 1980s and cases are referred to it from the court system.

Canadian Human Rights Court System; Created as a result of a social movement in the 1960s fighting for more emphasis on upholding human rights in Canada. It is equivalent to other courts in Canada.

The UN OHCHR Tribunal that helps enforce Indigenous rights across the world. Cases are brought to the tribunal independently by anyone wishing to file a lawsuit.

Canadian Human Rights Tribunal; Created by Parliament in 1977, the Tribunal legally decides whether a discriminatory practice has occurred under the Act. The CHRT views cases that are referred to it by the Canadian Human Rights Commission. The Tribunal is similar to a court of law, but is less formal and only hears cases relating to discrimination.

What principle did Mr. Falconer get changed? *

The answer can be found at around 8:00 in the video!

1 point

Access Principle; Prevents a First Nations' child from not having health care because of funding disputes between the federal and provincial government.

Life Principle; Prevents First Nations’ children from losing access to biological parents due to funding disputes between the federal and provincial government.

Access Principle; Prevents First Nations’ children from losing access to biological parents due to funding disputes between the federal and provincial government.

Jordan’s Principle; Prevents a First Nations' child from not having health care because of funding disputes between the federal and provincial government.

What was specifically changed? *

The answer can be found at around 8:00 in the video!

1 point

Choose Life Initiative; Order from the court that any applications of foster children to see their biological parents must be resolved within a month.

Choose Life Initiative; Order from the court that any applications about high risk youth must be responded to within 24 hours.

Choose Life Initiative; Order from Parliament that any applications about funding about water quality must be resolved within a year.

Choose Life Initiative; Order from Parliament that any applications about funding regarding access to basic services (i.e. water, food, healthcare, etc.) must be resolved within a year.

What type of activity does Mr. Falconer give as an example of how Choose Life supports First Nations communities? *

The answer can be found at around 10:10 in the video!

1 point

Land-based activities; Spending more time doing recreational activities outside.

Land-based activities; Elders work with youth outside to develop hope.

Nature-based activities; Immersing yourself in different types of terrain.

Community-based activities; Elders work with the entire community to improve access to basic services.

What metric was added through the court order that Mr. Falconer got for child welfare funding? *

The answer can be found at around 11:50 in the video!

1 point

Remoteness Quotient; Directed that Indigenous child welfare funding has to account for the remoteness of communities in funding and cost of living.

The Remoteness Quotient measures the years that a child has spent without proper welfare and care. It orders monetary compensation to be proportionate.

Remoteness Quotient; The further away the community is from consistent and quality access to basic services, the greater the funding from Parliament.

The Remoteness Quotient is a math concept - this is a trick question!

What did Mr. Falconer say about Justice Perrell's comments in the case about Ontario giving open access to water without consulting the Iskatewizaagegan community? *

The answer can be found at around 17:52 in the video!

1 point

Indigenous Law is the same as Aborginal Law. This means that in the eyes of the law, the only types of law valid are the ones created after Confederation.

Indigenous Law is the ultimate type of law that should be respected in this country, second only to the Canadian constitution.

Indigenous Law is not the same as Aboriginal Law, which governs the relationship between Canada and Aboriginal people. Before and after European settlers, Aboriginal peoples had legal systems and legal customs that are the source of Indigenous law which governed/s well-developed civilizations.

Indigenous Law is a secondary source of law to Canadian society. The Ontario government failed to follow the special conditions of secondary sources of law.

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