重口味SM

Acclaimed scholar John Borrows named The Loveland Chair in Indigenous Law at U of T's Faculty of Law

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In January, Professor John Borrows will begin teaching a new course to all first-year U of T Law students that addresses the intersection of Indigenous Peoples鈥 laws with Canada's laws (photo by David Ball)

John Borrows, one of the world鈥檚 leading scholars of Indigenous law, has been named the inaugural Loveland Chair in Indigenous Law at the 重口味SM鈥檚 Faculty of Law.

A member of the Chippewa of the Nawash First Nation in Ontario, Borrows completed four degrees at U of T, including his JD and LLM, and was an early-career scholar with the Faculty of Law from 1998 to 2001.

He previously held the Canada Research Chair in Indigenous Law at the University of Victoria鈥檚 Faculty of Law.

鈥淭oronto is ingrained in me,鈥 says Borrows, who is a professor. 鈥淢y master's considered a genealogy of law 鈥 seven generations of my family 鈥 and their interactions with the law, supervised by Professor Patrick Macklem. I also explored my ancestors鈥 deep connections to the eastern Great Lakes in my PhD research at Osgoode Hall Law School.鈥

Borrows has edited and authored several award-winning books, including Canada鈥檚 Indigenous Constitution, Law鈥檚 Indigenous Ethics and Recovering Canada: The Resurgence of Indigenous Law 鈥 all with 重口味SM Press. A recipient of the Killam Prize and Molson Prize, both from the Canada Council for the Arts, Borrows was appointed an Officer of the Order of Canada in 2020. He holds five honorary degrees from Canadian universities, including Dalhousie University, Queen's University, Simon Fraser University, York University and Victoria University in the 重口味SM.

鈥淧rofessor Borrows is an exceptional scholar, whose work in Indigenous law has had immeasurable impact here in Canada, the U.S., Australia and around the world,鈥 says Jutta Brunn茅e, dean of the Faculty of Law and James Marshall Tory Dean鈥檚 Chair. 鈥淲e are thrilled to welcome Professor Borrows back to U of T, where our students and scholars will benefit from his insight and expertise as we continue to expand our teaching in Indigenous and Aboriginal law.鈥

A helped endow the new chair with a $1-million match from the faculty. The Division of the Vice-President & Provost will also provide annual funding for the chairholder.

The Lovelands previously donated . Their lifetime giving of $3 million amounts to one of the largest gifts dedicated to Indigenous law in Canada.

鈥淭his work can never occur on one's own,鈥 Borrows says. 鈥淭hat infusion of interest and financial support is essential to carry forward the work. I am truly appreciative of their gift to Indigenous law at U of T.鈥

Borrows鈥 research focuses on the revitalization of Indigenous Peoples鈥 laws and its relationship with Canadian law. He takes a comparative approach, looking at Canada, the U.S., Australia and New Zealand. His teaching includes Canadian and U.S. constitutional law, Canadian Aboriginal rights law, as well as environmental law.

鈥淚ndigenous Peoples鈥 laws are often connected to the natural world. The broader legal system struggles to recognize and affirm these relationships,鈥 he says.

鈥淔or instance, Indigenous Peoples鈥 aspirations to protect the water, land, animals and plants could be challenged by mining, forestry, oil and gas or municipal development. Cities also creep into Indigenous Peoples鈥 reserves and territories. This is why I try to find ways to reconcile both the Indigenous Peoples鈥 laws with Canadian law more generally.鈥

U of T Law is undertaking a , which calls on Canadian law schools to require all their students to take a course on Aboriginal law.

In January, Borrows will begin teaching a new course to all first-year U of T Law students that will address the intersection of Indigenous Peoples鈥 laws with Canada's laws.

鈥淪ometimes we think law is only legislation, as interpreted by courts with the assistance of lawyers; with police officers having an enforcement role. Certainly, law flows from those institutions. Yet, law has a wider focus. Law is comprised of standards, principles, criteria, authority, measures, standards, benchmarks, principles and processes for making decisions and regulating our affairs and resolving our disputes. Legal principles and processes are created and interpreted in everyday interactions, and sometimes we forget this,鈥 Borrows said.

鈥淚n other words, when people learn about Indigenous law, they understand law is more than parliamentary action. Law is participatory. It鈥檚 an activity involving us all. Therefore, when you when study Indigenous law, the need for everyone鈥檚 engagement is reinforced. Law is a social and human activity 鈥 it鈥檚 something you do 鈥 not merely something that鈥檚 done to you.鈥

It鈥檚 a message that Borrows believes needs to reach not only law students, but but the broader world.

鈥淟aw is about participation, deliberation and persuasion. It's [about] trying to build lives together in ways that create order, certainty, and patterns for acting that aren't arbitrary. It鈥檚 important to teach this to students to expand our idea of law鈥檚 participatory potential.

鈥淭his provides students with information they can draw on throughout law school and in their subsequent practice,鈥 says Borrows, who sees future opportunities for upper-year courses, internships and community-engaged research in his field.

Over the past decade, Borrows has taught an intensive course in Anishinaabe law and legal tradition, sometimes bringing students to his Peoples鈥 reserve, Neyaashiinigmiing, three hours north of Toronto. There, students and faculty meet Elders, Chiefs, colleagues and teachers and experience Indigenous law in context.

鈥淪o many possibilities are opened to students and those in the profession,鈥 he says. 鈥淪ometimes judges and lawyers have participated in land-based courses. I鈥檝e had colleagues from U of T, Professors Kent Roach and Angela Fernandez, join those courses as well.

鈥淚t鈥檚 been a profound bonding experience for me, with other faculty members, as well as with U of T鈥檚 amazing students.鈥

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