Decolonizing & Indigenizing Justice: Confronting Colonial Injustice in an “Age of Reconciliation”?

NICA Masterclass with Patricia Barkaskas (Instructor & Director Indigenous Community Legal Clinic, University of British Columbia)

For: (research) master students / PhD candidates

Date: Friday, November 1, 2019
Time: 10:00-12:00
Location: University Library (Potgieterzaal), Singel 425, Amsterdam
Registration: nica-fgw@uva.nl
Contact: C.J.Birdsall@uva.nl

While much academic and public discourse since the release of the Truth and Reconciliation Commission of Canada (TRC) Final Report has and continues to emphasize reconciliation, there is also deep skepticism about a process of reconciling that so readily glosses over truth-telling about the history of genocide in Canada. More recently, the Final Report of the National Inquiry into Murdered and Missing Indigenous Women and Girls found “human rights and Indigenous rights abuses committed and condoned by the Canadian state represent genocide against Indigenous women, girls, and 2SLGBTQQIA people.” This truth disrupts the notion that we have entered an “Age of Reconciliation” and challenges us to consider how we will meaningful address the ongoing colonial project in Canada and reframe reconciliation to consider meaningful justice for Indigenous peoples, communities – urban, rural, and reserve – and Nations.

Grounded in the work of experiential teaching and learning about justice utilizing decolonial and Indigenous methodology and pedagogy at the Indigenous Community Legal Clinic, located in Vancouver’s Downtown Eastside on the traditional, ancestral, and unceded territories of the Sḵwx̱wú7mesh (Squamish), Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh), and xʷməθkʷəy̓əm (Musqueam) Nations, this masterclass considers questions connected to the project of a decolonial resistance pedagogy, and its significance in Canada for the project of decolonizing and Indigenizing justice.

Required Reading:

-Barkaskas, Patricia and Buhler, Sarah. “Beyond Reconciliation: Decolonizing Clinical Legal Education.” Journal of Law and Social Policy 26. (2017): 1-20.

-Truth and Reconciliation Commission of Canada – Calls to Action (https://nctr.ca/assets/reports/Calls_to_Action_English2.pdf).

-National Inquiry into Missing and Murdered Indigenous Women and Girls – Calls for Justice (https://www.mmiwg-ffada.ca/).

Bio:

Patricia M. Barkaskas is Métis from Alberta. Her research focuses on the intersection of justice and law, including access to justice, clinical legal education, and decolonizing and Indigenizing law. She is particularly interested in examining the value of Indigenous pedagogies in experiential learning, clinical legal education, and skills-based legal training, and disrupting the normative violence of colonial legal education.

Patricia is the Director of the Indigenous Community Legal Clinic, which is located in the Downtown Eastside community of Vancouver on the traditional, ancestral, and unceded territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and sə̓lílwətaʔɬ (Tsleil-Waututh) Nations. The ICLC welcomes up to thirty law students a year who provide free legal services to the Indigenous community in the Lower Mainland and throughout the province.  Students are taught through hands-on experience conducting legal work on client files, including legal research, submissions, and court appearances. Professor Barkaskas is also faculty lead for the law school’s Indigenous Cultural Competency Certificate, launched in September 2018. The ICCC is an eight-month non-credit certificate course that assists students in developing better understandings of colonial assumptions, beliefs, and biases that form the foundation of the Canadian legal system, the history of colonial practices and policies in Canada, Indigenous perspectives on law, and what decolonization means for the practice of law.

Before attending law school, Professor Barkaskas earned a M.A. in History, with a focus on Indigenous histories in North America, and worked for Residential school survivors as an historical legal researcher for the Indian Residential Schools Settlement Agreement. As part of her J.D., she completed a Law and Social Justice Specialization. After receiving her law degree from UBC, she practiced in the areas of child protection (as parent’s counsel), criminal, family, civil litigation, and prison law. She has written Gladue reports for all levels of court in BC.