Professor John Borrows discusses what Indigenous Law and Aboriginal Law are, and how Indigenous Law relates to the duty to consult.

John Borrows is a Professor and the Canada Research Chair in Indigenous Law at the University of Victoria’s Faculty of Law. He was appointed as an Officer of the Order of Canada in 2020, and is a member of the Chippewa of the Nawash First Nation in Ontario. Professor Borrows has researched, published, taught, and presented extensively on Indigenous Law and the Canadian Constitution.

References & Further Reading

• John Borrows, Law’s Indigenous Ethics (Toronto: University of Toronto Press, 2019).
• John Borrows, Canada’s Indigenous Constitution (Toronto: University of Toronto Press, 2010).
• Chippewas of the Thames First Nation v Enbridge Pipelines Inc., 2017 SCC 41.
• Harold Johnson, Two Families: Treaties and Government (Saskatoon: Purich Publishing, Limited, 2007).
• Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40.

• National Centre for Truth and Reconciliation, “Reports”, online: National Centre for Truth and Reconciliation < https://nctr.ca/records/reports/ >.

• R v Marshall, [1999] 3 SCR 456.

• R v Van der Peet, [1996] 2 SCR 507.

• Tsilhqot’in Nation v British Columbia, [2014] 2 SCR 257.

• United Nations Declaration on the Rights of Indigenous Peoples, GA Res 61/295 (Annex), UN GAOR, 61st Sess, Supp No 49, Vol III, UN Doc A/61/49 (2008) 15.

Podcast Creators: Tesia Doblanko, Liz England, and Zachary Gee

Student Researchers

Editing by: Richard Mailey, Research Associate and Mike Contos

Music by: Richard Mailey, Research Associate