ADM 3123 [FRO1A, FRO2A] COURSE OUTLINE Page 2 of 6
University of New Brunswick
Faculty of Business Administration
Academic Year
ADM 3123 [FRO1A, FRO2A] COURSE OUTLINE Page 2 of 6
COURSE OUTLINE
ADM 3124
ABORIGINAL Business Law
Instructor: R.W. Derrah Term: Intersession 2011
Office: 209 Tilley Hall Times: T/Th 5:00-7:20
E-mail: Classroom: Online
ADM 3123 [FRO1A, FRO2A] COURSE OUTLINE Page 4 of 4
A. COURSE DESCRIPTION
ADM 3124 is a required course for all students in the FNBA program and examines the unique aspects of business law as it applies to Aboriginals. Topics include constitutional framework; self-government; bands, band councils and reserves; commercial relations; taxation; and employment relations.
Pre-Requisite(s): None
B. COURSE MATERIALS
There is no text book for this course. All of the readings will be provided from online sources.
C. EVALUATION COMPONENTS AND WEIGHTS
i. Components
Learning in this course results primarily from class lectures, in-class discussion and problem analyses. Work will be evaluated on an individual basis. The course assessment will be determined as follows:
Attendance and participation 20%
Midterm 35%
Final examination 45%
ADM 3123 [FRO1A, FRO2A] COURSE OUTLINE Page 4 of 4
ii. Grade Determination
At the end of the course your overall percentage grade will be converted to your letter grade in accordance with the following conversion scheme.
LETTER GRADE PERCENT LETTER GRADE PERCENT
A+ 90 - 100 B- 65 - 69
A 85 - 89 C+ 60 - 64
A- 80 - 84 C 55 - 59
B+ 75 - 79 D 50 - 54
B 70 - 74 F below 50
D. COURSE UNDERSTANDINGS
i. Classroom Attendance and Conduct
This syllabus is a tentative indication of the timing of topics and readings. The teaching approach is a mixture of lectures and the discussion of cases and problems. Accordingly, course materials and note preparation should be completed prior to the designated sessions.
Attendance is expected and a student will have difficulty completing the course with success if absent.
Candidates will turn off cell phones, pagers, blackberries, or other electronic devices for the duration of all classes.
ii. Written Deliverables.
No hand-in assignments are required in this course.
E. COURSE SCHEDULE
Tue (May 17) Introduction to the Course
TOPIC 1: CONSTITUTIONAL FRAMEWORK
Thur (May 19) 1. The Constitution
2. The meaning of Aboriginal and treaty rights
a. What are Aboriginal rights?
b. What are treaty rights?
c. Where do Aboriginal and treaty rights come from?
d. Extinguishment of rights
3. Extent of federal and provincial authority over “Indians”
4. Individual rights and the rights of women
a. Section 25 is a shield to protect rights of Aboriginal peoples
b. Provisions relating to women
5. Who are the “Aboriginal People”?
a. Definitions in the Constitution
b. Indians
c. Metis and “halfbreeds”
d. Inuit
Tues (May 24) Constitutional Framework (con’t)
6. Crown fiduciary responsibility
7. History of Constitutional change
a. The Patriation of the Constitution, 1980-1982
b. Constitutional conferences to clarify Aboriginal and treaty rights and the Meech Lake Accord, 1983-1987
c. Charlottetown Accord, 1990-1992
d. Royal Commission on Aboriginal Peoples
TOPIC 2: SELF-GOVERNMENT
Thur (May 26) 1. United States – “Domestic dependent nations”
2. Canada – the right to self government
3. Recommendations of the Royal Commission on Aboriginal peoples
a. nation model
b. public government model
c. community of interest model
TOPIC 3: BANDS, BAND COUNCILS AND RESERVES
Tues (May 31) 1. Bands
a. Legal status of First Nations
b. Band Councils
2. By-law making powers of band councils
3. General By-laws under section 81
a. Residence By-laws under section 81
b. Fishing By-laws under section 81
c. Gaming By-laws under section 81
Thur (June 2) Bands, Band Councils and Reserves (con’t)
4. Taxation By-law under section 83
5. Alcohol By-laws under section 85.1
6. How is a By-law written?
7. How do you change a By-law?
8. Enforcement of By-laws
9. Proclamation of First Nation law
10. Bands under other statutes
a. Cree-Naskapi (of Quebec) Act
b. Sechelt Indian Band Self-Government Act
c. First Nations Land Management Act
d. Yukon Self-government Agreements
11. Application of provincial laws
TOPIC 4: COMMERCIAL RELATIONS
Tues (May 31) 1. Commercial relations between non-Indian business and reserve-
based Indians
a. Contracting parties
b. Seizure of goods and money situated on a reserve
c. Indian reserve lands
Thur (June 2) 2. Use of reserve lands for economic development
a. Surrenders
b. Designated lands
c. Permits for use of reserve lands
Tue (June 7) MIDTERM
TOPIC 5: FORMS OF BUSINESS ORGANIZATION
Thur (June 9) 1. Sole proprietorship
2. Partnership
3. Corporation
4. Joint venture
TOPIC 6: TAXATION
Tue (June 14) 1. Individuals
2. Bands, band-controlled institutions and tribal councils
3. Community noprofit organizations
4. Business corporations owned by private individuals
5. Taxation by First Nations
6. Aboriginal Organizations located off-reserve
TOPIC 7: EMPLOYMENT RELATIONS
Thur (June 16) 1. Federal or provincial law
2. Hiring
3. Working conditions
a. employment standards
b. total working hours and overtime pay
c. statutory holidays
d. vacation entitlement
e. child care leave
f. breavement and sick leave
4. Unions
5. Terminating and discipling employees when there is no union
a. permanent employees
i. termination for cause
ii. termination without cause
Tues (June 21) Review, questions, and discussion
Thurs (June 23) FINAL EXAM