Robert Hamilton

Robert Hamilton

Assistant Professor

Faculty of Law

Media contacts

Ali Abel, MPR, CMP
Manager, Marketing & Communications
Faculty of Law

amabel@ucalgary.ca
O: 403.210.8720
C: 403.630.1232

Web presence

Phone number

Office: 403.220.4401

Location

Office: MFH3347

Background

Educational Background

LLM Osgoode Hall Law School, 2015

JD University of New Brunswick, 2013

BA (Hons) Philosophy, St. Thomas University, 2008

Biography

Robert is a PhD candidate at the University of Victoria Faculty of Law. He holds a JD from the University of New Brunswick Faculty of Law and and LLM from Osgoode Hall Law School. Robert has published on a range of Indigenous rights issues, including Aboriginal rights and title, Indigenous peoples and federalism, and legal-historical aspects of Crown-Indigenous relations. Robert has worked also with Indigenous nations on treaty rights, Aboriginal title, and self-government issues.

Research Activities

Robert’s primary research and teaching interests are in Aboriginal law, property law, legal history, legal theory, and the relationship between state and Indigenous legal orders. In addition to publishing on Aboriginal rights and title issues, Robert has been involved in research projects on Indigenous economic development, treaty education for primary and secondary students, and the relationship between domestic and international law concerning Indigenous peoples. He has worked with a number of Indigenous nations on rights, title, and land claims issues.

Research

Areas of Research

Aboriginal Law, Property law, Legal history, Legal theory, Constitutional Law, Relationship between state and Indigenous legal orders

Courses

Course number Course title Semester
LAW 404 LEC 02 02 Property 2020
LAW 408 LEC 01 01 Fndns in Law and Justice II 2021
LAW 594 LEC 01 01 Indigenous Peoples and the Law 2020
LAW 69354 LEC 02 02 Selected Topics II 2021

Publications

  • “The United Nations Declaration on the Rights of Indigenous Peoples and the Division of Powers: Considering Federal and Provincial Authority in Implementation”. Robert Hamilton. UBC L Rev. (2021)
  • “Reconciliation and the Straitjacket: A Comparative Analysis of the Secession Reference and R v Sparrow”. Robert Hamilton, Dr. Joshua Nichols. 52:2 Ott L Rev. (2021)
  • “The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov?". Robert Hamilton, Dr. Howard Kislowicz. 59:1 Alta L Rev. (2021)
  • “In Search of Honorable Crowns and Legitimate Constitutions: Mikisew Cree First Nation v Canada and the Colonial Constitution”. Robert Hamilton, Dr. Joshua Nichols. U of T LJ. (2020)
  • “Indigenous Peoples and Interstitial Federalism in Canada”. Robert Hamilton. 24:1 Review of Constitutional Studies. (2019)
  • “The Tin Ear of the Court: Ktunaxa Nation and the Foundations of the Duty to Consult”. Robert Hamilton, Dr. Joshua Nichols. 56:3 Alberta L Rev. (2019)
  • “Private Property and the Role of Equity in Aboriginal Title Litigation”. Robert Hamilton. 51:2 UBC L Rev. (2018)
  • “After Tsilhqot’in Nation: The Aboriginal Title Question in Canada’s Maritime Provinces”. Robert Hamilton. 67 UNB LJ. (2016)
  • “Indigenous Legal Traditions, Inter-Societal Law, and the Colonization of Marine Spaces”. Robert Hamilton. in Stephen Allen, Nigel Bankes, and Oyvind Ravna, eds, The Rights of Indigenous Peoples in Marine Areas. (2019)
  • “Asserted vs. Established Rights and the Promise of UNDRIP”. Robert Hamilton. in Oonagh Fitzgerald, John Borrows, Larry Chartrand & Risa Schwartz, eds, Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples. (2019)
  • “Conflicts or Complementarity with Domestic Systems? UNDRIP, Aboriginal Law and the Future of International Norms in Canada”. Robert Hamilton, Dr. Joshua Nichols. in Oonagh Fitzgerald, John Borrows, Larry Chartrand & Risa Schwartz, eds, Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples. (2019)
  • “Indigenous Legal Traditions and Histories of International Law: Transnational Law in the Pre-Confederation Maritime Provinces”. Robert Hamilton. in Oonagh E. Fitzgerald, Valerie Hughes and Mark Jewett, eds, Reflections on Canada’s Past, Present and Future in International Law. (2018)
  • “Indigenous Land Rights and the Maritime Peace and Friendship Treaties”. Robert Hamilton. in Ian Peach, ed, Learning the Truth, Seeking Reconciliation: Understanding the Historical Relationship Between Canada and the Indigenous Peoples of Turtle Island and Building a New Relationship. (2020)
  • “Looking Inward, Looking Outward: Finding Solutions in Indigenous and International Law”. Robert Hamilton. in Hamilton, Borrows, et al., eds, Wise Practices: Exploring Indigenous Economic Justice and Self-Determination. (2020)
  • “Economic Justice in Practice”. Robert Hamilton, Dr. Joshua Nichols and Dr. Ryan Beaton. in Hamilton, Borrows, et al., eds, Wise Practices: Exploring Indigenous Economic Justice and Self-Determination. (2020)
  • “The Trans Mountain Pipeline Decision and the Limits of the Duty to Consult: Certainty, Consent, and the Need for Negotiated Jurisdiction”. Canadian Law and Society Association. (2019)
  • “Indigenous Rights Versus Indigenous Jurisdiction in Impact Assessments”. Journal of Environmental Law and Policy Conference. (2019)
  • “The Duty to Consult and Legislation: Making Sense of the Mikisew Cree Decision”. Canadian Bar Association Aboriginal Branch Annual Conference. (2019)
  • “Re-thinking the Relationship Between Aboriginal Title and Private Property”. University of Alberta Faculty of Law Workshop on Indigenous Land Tenure. (2019)
  • “Jurisgenerative Federalism and Indigenous Peoples in Canada”. University of Alberta Faculty of Law Workshop on Federalism. (2019)
  • “Cumulative Effects, Piecemeal Infringement, and the Duty to Consult”. Canadian Institute of Resources Law – Public Lecture. (2018)
  • “The Trans Mountain Decision and the Duty to Consult: Where Are We Now and What Comes Next?". Canadian Bar Association – Aboriginal Law Section Southern Alberta. (2018)
  • “Indigenous Legal Traditions and Histories of Transnational Law: A Case Study from Canada’s Maritime Provinces”. Legal Histories of the British Empire Conference. (2018)
  • “Indigenous Legal Traditions, Inter-Societal Law, and the Colonisation of Marine Spaces”. The University of Tromsø - The Arctic University of Norway Workshop on Indigenous Rights in Marine Area. (2018)
  • “The Relationship Between State and Indigenous Legal Orders in Resource Development Contexts”. Presentation to the National Energy Board. (2018)
  • “Buffalo in Banff: Frameworks for Reconciliation in Wildlife Management”. Canadian Institute of Resources Law Environment in the Classroom Symposium. (2018)
  • “The Imposed Hierarchy of Laws in Resource Development Decisions”. Robert Hamilton. in Environmental Challenges on Indigenous Lands: Special Report of the Centre for International Governance Innovation. (2019)
  • “Is Canada Really Moving Beyond Its Colonial Past?”. Robert Hamilton, Dr. Joshua Nichols. Centre for International Governance Innovation. (2017)
  • “Arthur Ray, Aboriginal Rights Claims and the Making and Re-Making of History [book review]”. Robert Hamilton. 36 Law & Hist Review. (2018)
  • “Buffalo in Banff: Frameworks for Reconciliation in Wildlife Management”. Robert Hamilton. Canadian Institute of Resource Law Environment in the Classroom Symposium. (2018)