First Nations, Métis, and Inuit Studies · Grade 12

Active learning ideas

Indigenous Rights and Title

This topic dives into the legal landscape of Indigenous rights and land title in Canada. Students analyze landmark Supreme Court of Canada cases, such as Calder, Delgamuukw, and Tsilhqot'in, which have redefined the legal understanding of Indigenous sovereignty. The curriculum focuses on the distinction between 'rights' (activities like hunting) and 'title' (the right to the land itself).

• Ontario Curriculum Expectations
• F1.1 Analyze landmark legal cases related to Indigenous rights
• F1.2 Evaluate the significance of UNDRIP in a Canadian context

• 30–90 min
• Pairs → Whole Class
• 3 activities

Activity 01

• Mock Trial
• 90 min · Whole Class

Mock Trial: Landmark Land Claims

Students take on roles as lawyers for the Crown and an Indigenous nation, arguing a simplified version of a case like Delgamuukw before a student 'Supreme Court.'

What is the difference between Indigenous rights and land title?

• Analyze
• Evaluate
• Create
• Decision-Making
• Social Awareness

Activity 02

• Inquiry Circle
• 45 min · Small Groups

Inquiry Circle: UNDRIP in Canada

Small groups research one article of UNDRIP and find a real-world example of where Canada is meeting or failing to meet that standard.

How have landmark court cases shaped Indigenous rights in Canada?

• Analyze
• Evaluate
• Create
• Self-Management
• Self-Awareness

Activity 03

• Think-Pair-Share
• 30 min · Pairs

Think-Pair-Share: Rights vs. Title

Students are given various scenarios (e.g., building a house vs. fishing for food) and must decide with a partner if it falls under 'Indigenous Rights' or 'Aboriginal Title' based on provided definitions.

What are the challenges in implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)?

• Understand
• Apply
• Analyze
• Self-Awareness
• Relationship Skills

A few notes on teaching this unit

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Watch Out for These Misconceptions

• Indigenous rights are 'special privileges' given by the government.

  Indigenous rights are inherent and pre-date the formation of Canada; they are recognized, not granted, by the Constitution. Mock trials help students see the legal basis for these inherent rights.

• Land title just means owning a backyard.

  Aboriginal Title is a collective right to the use of and jurisdiction over ancestral lands. Peer discussion of the Tsilhqot'in decision can help clarify the scale and nature of this collective title.

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Methods used in this brief

• Mock Trial
• Inquiry Circle
• Think-Pair-Share