Indigenous Law Journal

at the University of Toronto

Advisory Board

The Advisory Board of the Indigenous Law Journal is made up of preeminent judges, lawyers and academics working in the field of Indigenous Law. Its members are drawn from across the globe. The members are: The Honourable Mr. Justice Frank Iacobucci (Supreme Court of Canada), The Honourable Mr. Justice Murray Sinclair (Manitoba Superior Court), Professor S. James Anaya (University of Arizona), Professor Russel Barsh (New York University), Professor John Borrows (University of Victoria), Professor Catherine Bell (University of Alberta), Professor J. S. Y. Henderson (University of Saskatchewan), Professor Benedict Kingsbury (New York University), Professor Andree Lajoie (Universite de Montreal), Professor Patrick Macklem (University of Toronto), Professor Paul McHugh (Cambridge University), Professor Garth Nettheim (University of New South Wales), Professor Martin Sheinin (Abo Akademi University), Mr. Joseph J. Arvay, Q.C., Mr. Paul L.A.H. Chartrand, Chief Roberta Jamieson

S. James Anaya

S. JAMES ANAYA is the Samuel M. Fegtly Professor of Law at the University of Arizona, where he teaches and conducts research in the areas of international law and organizations, constitutional law, and issues concerning indigenous peoples. He received his B.A. from the University of New Mexico (1980) and his J.D. from Harvard (1983). Among his numerous publications is his book, Indigenous Peoples in International Law (Oxford University Press, 1996). Professor Anaya was on the law faculty at the University of Iowa from 1988 to 1999, and he has been a visiting professor at Harvard Law School, the University of Toronto, and the University of Tulsa. Prior to becoming a full time law professor, he practiced law in Albuquerque, New Mexico, representing Native American peoples and other minority groups in regard to land, voting rights, and civil rights issues. In 1988, Barrister magazine, a national publication of the American Bar Association, recognized him as "one of 20 young lawyers who make a difference."

Professor Anaya has lectured in many countries in all continents of the globe. He has been a consultant for numerous organizations and government agencies in several countries on matters of human rights and Indigenous peoples, and he has represented Indigenous groups from many parts of North and Central America before courts and international organizations. He serves as special counsel to the Indian Law Resource Center, a U.S.-based nongovernmental organization with consultative status at the United Nations, and in that capacity he successfully litigated the landmark Indigenous land rights case of Awas Tingni v. Nicaragua before the Inter-American Court of Human Rights.

Joseph J. Arvay, Q.C.

JOSEPH ARVAY, Q.C. holds law degrees from the University of Western Ontario Law School and Harvard Law School. He spent five years as an assistant then associate professor at the University of Windsor Law School before relocating to British Columbia in 1981 where he assumed the position of senior counsel and later general counsel for the British Columbia Ministry of the Attorney General. In 1990 he, together with John Finlay and Murray Rankin, started the law firm of Arvay Finlay and in that capacity Mr. Arvay has a busy civil litigation practice but with an emphasis on constitutional and administrative law matters. He has been involved in many constitutional cases of importance in British Columbia and elsewhere in Canada. Mr. Arvay has been involved in Aboriginal litigation including Delgamuukw in the Supreme Court of Canada and he is now co-counsel for the Haida Nation in their Aboriginal title claim. Other cases he has been involved in at the Supreme Court of Canada level include Andrews v. The Law Society of British Columbia, Egan and Nesbit v. AG Canada, Blencoe v. B.C. Human Rights Commission and AGBC, Little Sisters Book and Art Emporium v. AG Canada.

Russel Barsh

RUSSEL LAWRENCE BARSH studied human ecology at Harvard before taking his law degree there in 1974. Since then, he has pursued his parallel interests in ecology, traditional knowledge, and customary systems of land law by working as a lawyer and researcher for Indigenous nations in Atlantic Canada, the northern Prairies, Alaska and the Pacific Northwest. He has also been involved in United Nations policy negotiations on Indigenous issues for more than 20 years, and served as a consultant to the UNDP and the International Labour Organization. Russel was a member of the Candian Royal Commission on Seals and the Sealing Industry, a researcher for the Royal Commission on Aboriginal Peoples, adviser to the Treaty Commissioner in Saskatchewan, and currently serves on the advisory committee of First Peoples Worldwide. In addition to field research and practice, he has taught at the University of Washington, University of Lethbridge, and New York University. Recent projects include studies of "biopiracy" for the Rockefeller Foundation and First Peoples Worldwide; a GIS database on 500 years of human use of the marine resources of the San Juan and Gulf Islands; and Blackfoot dialogues on the child's moral and intellectual development. Litigation interests include sacred sites protection and international trade in illicitly-acquired Indigenous resources.

Catherine Bell

CATHERINE BELL is a Professor of Law at the University of Alberta and has been a Visiting Professor at the University of Niigata Japan, University of Victoria, Program of Legal Studies for Native People (University of Saskatchewan) and the Akitsiraq Law School, Nunavut. She is also a lead faculty member for the Aboriginal Leadership and Self-Government Program offered by the Banff Center for Management. She currently teaches in the areas of Aboriginal law, property law, and dispute resolution. She has published extensively on First Nation and Metis legal issues. She is the author of Alberta's Metis Settlement Legislation and Contemporary Metis Justice: The Settlement Way. She is also co-editor (with Dr. D. Kahane) of Intercultural Dispute Resolution in Aboriginal Contexts: Canadian and International Perspectives (in press). She has published nationally and internationally on the issue of repatriation and Aboriginal rights to cultural property. She has acted as an advisor to First Nations and provincial governments on these and other issues. Current research projects include work with the U'Mista Cultural Society on reforms to Canadian laws concerning the export and import of Aboriginal cultural property. She is also the principal researcher on an interdisciplinary research project funded by the Social Sciences and Humanities Research Council and conducted by an international team of scholars in law and anthropology in partnership with First Nation communities in Alberta and British Columbia. This project is designed to disseminate information concerning Canadian laws affecting ownership, protection, repatriation and control of First Nations' cultural property; develop archival material on First Nation concepts of property and laws affecting cultural heritage; and to critically analyze domestic federal and provincial legislation affecting First Nations' cultural property in Canada.

John Borrows

JOHN BORROWS B.A., M.A., LL.B., LL.M. (Toronto), D.Jur. (Osgoode Hall) is Professor and Law Foundation Chair of Aboriginal Law and Justice at the University of Victoria Law School. He was formerly an Associate Professor in the Faculty of Law at the University of Toronto; an Associate Professor and Director of First Nations Legal Studies at the Faculty of Law at the University of British Columbia; and an Associate Professor and Director of the Intensive Programme in Lands, Resources and First Nations Governments at Osgoode Hall Law School. Professor Borrows has served as a visiting Professor and Acting Executive Director of the Indian Legal Program at Arizona State University College of Law in Phoenix, Arizona. He teaches in the area of Constitutional Law, Aboriginal Law, Natural Resources Law and the Environment, and Land Use Planning. He is Anishinabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario.

Paul L. A. H. Chartrand, I.P.C.

Biography coming soon...

J. S. Y. Henderson

JAMES [SAKEJ] YOUNGBLOOD HENDERSON is Professor and Research Director of the Native Law Centre of Canada at the College of Law, University of Saskatchewan.

Born to the Bear Clan of the Chickasaw Nation and Cheyenne Tribe in Oklahoma in 1944, Professor Henderson is married to Marie Battiste, an Mikmaw educator. They have three children.

In 1974, he received a Juris doctorate in law from Harvard Law School and became a law professor who created litigation strategies to restore Aboriginal culture, institutions and rights. During the constitutional process (1978-1993) in Canada, he served as a constitutional advisor for the Mikmaw nation and the NIB-Assembly of First Nations. He currently pursues justice for Aboriginal Peoples of Canada through all the international, national and local activities of the Native Law Centre. He has continued to develop his work in Aboriginal and treaty rights and treaty federalism in constitutional law. His latest books are Aboriginal Tenure in the Constitution of Canada (2000) and Protecting Indigenous Knowledge and Heritage (2000). He is working on a book entitled Treaty Rights in the Constitution of Canada (2002)

Professor Henderson is a noted international human rights lawyer and an authority on protecting Indigneous heritage, knowledge and culture. He was one of the drafters and expert advisors of the principles and guidelines for the protection of Indigenous Heritage in the UN Human Rights fora. Also, he has been a member of the Advisory Board to the Minister of Foreign Affairs, the Advisory Committee to the Canadian Secretariat for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), within the department of Canadian Heritage. Currently he is a member of the Sectoral Commission on Culture, Communication and Information of the Canadian Commission for UNESCO; Eminent Person Implementation Committee for Traditional Knowledge in the Biodiversity Convention Office; and Experts Advisory Group on International Cultural Diversity.

The Honourable Mr. Justice Frank Iacobucci

THE HONOURABLE MR. JUSTICE FRANK IACOBUCCI was born in Vancouver, B.C., in 1937. He received his B.Com. from the University of British Columbia in 1961 and his LL.B. from the University of British Columbia in 1962. In 1964, Cambridge University awarded him the LL.M. and in 1966, the Diploma in International Law. He was called to the Bar of Ontario in 1970 and was awarded a Q.C. by the Federal Government in 1986. In 1987, he was awarded the Law Society Medal of the Law Society of Upper Canada. He has been awarded four honorary degrees: Honorary Doctor of Laws degrees from the University of British Columbia (1989), University of Toronto (1989), and the University of Victoria (1996); and a Doctor of the University degree from the University of Ottawa (1995). In 1993, the Italian Government conferred upon him the honour of Commendatore dell'Ordine Al Merito della Repubblica Italiana. In 1999 he was made an Honorary Fellow of St. John's College, Cambridge University, and of the American College of Trial Lawyers. He has also received special awards from Italo-Canadian and multicultural communities in Vancouver, Montreal and Toronto, and has been made an honorary citizen of Mangone, Cosenza, Italy.

He joined Dewey, Ballantine, Bushby, Palmer & Wood of New York, New York in 1964, and specialized in corporate law and related fields until 1967. In 1967, he became Associate Professor of Law of the University of Toronto and was a Professor of Law at the University of Toronto from 1971 to 1985.

The Honourable Mr. Justice Iacobucci was appointed Associate Dean, Faculty of Law, University of Toronto in 1973, Vice-President, Internal Affairs in 1975, Dean of Faculty of Law in 1979, and was Vice-President and Provost of the University of Toronto from November 1983 to September 1985, at which time he was appointed Deputy Minister of Justice and Deputy Attorney General of Canada. In September 1988 he was appointed Chief Justice of the Federal Court of Canada. He was appointed a Judge of the Supreme Court of Canada on January 7, 1991.

He was a member of the Canadian Association of Law Teachers, the Canadian Association of University Teachers and the Law Society of Upper Canada. He was Chairman of the Ontario Law Deans in 1983, Vice-President of the National Congress of Italian Canadians from 1980 to 1983 and Vice-President and Member of the Board of Governors of the Canadian Institute for Advanced Legal Studies from 1981 to 1985 and a Governor again from 1991 to 1998. He has also been a Director of the Multicultural History Society of Ontario. He is currently serving as a Governor of the National Judicial Institute and is a Member of the Board of Directors of the International Centre for Criminal Law Reform and Criminal Justice Policy as well as of the University of Toronto Foundation. He also sits on the Advisory Committee of the Faculty of Law, McGill University, and the Advisory Board of the Institute of Canadian Studies at the University of Ottawa.

Mr. Justice Iacobucci acted in various consulting capacities for federal and provincial departments and offices and served as a special adviser. From 1982 to 1985, he served as a member of the Ontario Securities Commission. He has also written articles and texts in corporate law, taxation and related fields, as well as commentaries in other fields.

Mr. Justice Iacobucci is married to Nancy Elizabeth Eastham, B.A. (Mt. Holyoke), LL.B. (Harvard), Dip. Int. Law (Cambridge), and they have three children: Andrew, Edward and Catherine.

Chief Roberta Jamieson, I.P.C., Six Nations of the Grand River Territory

Bio to come...

Benedict Kingsbury

BENEDICT KINGSBURY, LL.B. (Canterbury) 1981, M.Phil (Oxford) 1984, D.Phil (Oxford) 1990, is Professor of Law and Director of the Institute for International Law and Justice at NYU Law. He also directs the Law School's new Program in the History and Theory of International Law. Kingsbury taught in the Law Faculty at Oxford before moving to Duke University in 1993, and has been on the permanent faculty at NYU Law since 1998. He is a member of the Editorial Board of the American Journal of International Law, and was awarded the Journal's Deak Prize for the best article by a younger scholar in 1998.

Kingsbury has written on a range of specific contemporary international law topics, from trade-environment disputes and the United Nations to interstate arbitration and the proliferation of international tribunals. He has had extensive academic and practical involvement with issues relating to Indigenous peoples, and is completing a book on these issues for Oxford University Press.

He has been a visiting professor at Harvard Law School, the University of Tokyo Law Faculty and the University of Padua. He served as the inaugural Caldwell Lecturer at Trinity College, University of Melbourne in 2002, and as the New Zealand Law Foundation Distinguished Visiting Fellow in 2003.

Andree Lajoie

ANDREE LAJOIE is research professor at the Centre de Recherche en Droit Public of Faculty of Law of the University of Montreal. Her research has focused first on constitutional law, and especially on constitutional theory, a subject on which she teaches a doctoral seminar. Her most recent work has focused on the integration of minorities' values in Canadian law and pluralism in the context of Aboriginal normativity in Canada. She is presently starting a new project on "Autochtonie et gouvernance."

She has been invited as a visiting professor at Laval, the University of Toronto and the University of Victoria, as well as in several European universities (Paris I, Athens, Padova, Trieste, and next year Montpellier). She has published several articles and numerous books, the most recent ones being: Quand les minorites font la loi (PUF 2002); Theories et emergence du droit: pluralisme, surdetermination et effectivite, (Themis/Bruylant, 1998); Jugements de valeurs, (PUF, 1997); et Le statut juridique des peuples autochtones au Quebec et le pluralisme, (Blais, 1996). She is also director of a series of books on theory of law: "Le droit aussi", at Liber/Blais, publishers.

Patrick Macklem

PATRICK MACKLEM, B.A. (McGill) 1981, LL.B. (Toronto) 1984, LL.M. (Harvard) 1986, joined the University of Toronto in 1988, was called to the Bar of Ontario in 1991, and is a Professor of Law. After articling with a Toronto law firm specializing in labour law, he served as Law Clerk for Chief Justice Brian Dickson of the Supreme Court of Canada. He served as a constitutional advisor to the Royal Commission on Aboriginal Peoples, and was a Visiting Scholar at Stanford Law School in 1988 and at U.C.L.A. School of Law in 1992, and a Visiting Professor at Central European University in 2001 and 2002. Professor Macklem's teaching interests include constitutional law, labour policy and international human rights law. He is the author of Indigenous Difference and the Constitution of Canada (2001), which was awarded the Canadian Political Science Association's 2002 Don Smiley Award for the best book on Canadian government and policy. He is a co-editor of Canadian Constitutional Law, and has published numerous articles on constitutional law, labour law, Aboriginal peoples and the law, and international human rights law. He has written extensively in the area of Aboriginal law. Just a few examples are "First Nations and the Border of Legal Imagination" (1991), 36 McGill L.J. 382; "Distributing Sovereignty: Indian Nations and Equality of Peoples" Stanford Law Review; and "Normative Dimensions of the Right of Aboriginal Self-Government" 21 Queen's L.J. 173.

Paul McHugh

PAUL MCHUGH is a University Lecturer in Law at the Department of Land Economy, University of Cambridge. His main research interest is tribal claims in Commonwealth countries, and he has written extensively in the area. His book The Maori Magna Carta: New Zealand Law and the Treaty of Waitangi (1991) was awarded the J. F. Northey Book Award 1992 by the New Zealand Legal Research Foundation. He is currently working on a second book, Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Land for Oxford University Press.

Garth Nettheim

GARTH NETTHEIM, LL.B. (Sydney) 1954, Master of Arts (Fletcher School of Law and Diplomacy, Tufts University) 1957, is Emeritus Professor of Law at the University of New South Wales, Australia. Nettheim began teaching law in 1963 and joined the UNSW Faculty of Law in 1971, its first year of operation. He served as Dean and Head of School in 1975-1978 and again in 1987-1988. He has taught mostly Public Law, including Constitutional Law, Legal Systems and Administrative Law. His current areas of teaching are Indigenous Legal Issues and Human Rights Law at both LL.B. and LL.M. levels.

His publications include Understanding Law (6th ed, 2002) with R. Chisholm; Indigenous Legal Issues: Commentary and Materials (2nd ed, 1997) (with H. McRae and L. Beacroft); Indigenous Peoples and Governance Structures (2002) (with Gary D. Meyers and Donna Craig).

Martin Sheinin

MARTIN SCHEININ, Doctor iuris (Helsinki, 1991) is, since 1998, Professor of Constitutional and International Law and Director of the Institute for Human Rights at Abo Akademi University, Finland. He also serves, since 1997, as a member of the Human Rights Committee established under the International Covenant on Civil and Political Rights. In 1997-98 he spent a year at University of Toronto as a visitor, doing research on Indigenous peoples' rights. He has published extensively on several aspects of human rights, including the right of self-determination, land and resource rights of Indigenous peoples, nondiscrimination, economic and social rights, domestic implementation of international human rights treaties and the international monitoring of human rights.

The Honourable Mr. Justice Murray Sinclair

THE HONOURABLE MR. JUSTICE MURRAY SINCLAIR was appointed Associate Chief Judge of the Provincial Court of Manitoba in March of 1988 and to the Court of Queen's Bench of Manitoba in January 2001. He was Manitoba's first Aboriginal Judge. At present there are 18 Aboriginal judges Canada.

Justice Sinclair was born and raised in the Selkirk area north of Winnipeg, graduating from his high school as class valedictorian and athlete of the year in 1968. After serving as Special Assistant to the Attorney General of Manitoba, Justice Sinclair attended the Universities of Winnipeg and Manitoba and, in 1979, graduated from the Faculty of Law at the University of Manitoba. He was awarded the A. J. Christie Prize in Civil Litigation in his second year of law and articled with a law firm in his home town. He was called to the Manitoba Bar in 1980. In the course of his legal practice, Justice Sinclair practiced primarily in the fields of Civil and Criminal Litigation and Aboriginal Law. He represented a cross section of clients but by the time of his appointment, was known for his representation of Aboriginal people and his knowledge of Aboriginal legal issues. Shortly after his appointment as Associate Chief Judge of the Provincial Court of Manitoba in 1988, Justice Sinclair was appointed Co-Commissioner, along with Court of Queen's Bench Associate Chief Justice A. C. Hamilton, of Manitoba's Aboriginal Justice Inquiry. In November 2000, Justice Sinclair completed the "Report of the Pediatric Cardiac Surgery Inquest," a study into the deaths of twelve children in the pediatric cardiac surgery program of the HSC in 1994. He has been awarded a National Aboriginal Achievement award in addition to many other community service awards, as well as three Honourary Degrees for his work in the field of Aboriginal justice. He is an adjunct professor of Law and an adjunct professor in the Faculty of Graduate Studies at the University of Manitoba. He is married to Katherine Morrisseau-Sinclair, and is the father of three children: James, Dene and Gazhegwenabeek.

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