Dr. Robert Hamilton
Positions
Associate Professor
Faculty of Law
Contact information
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
PhD Law, University of Victoria, 2021
Biography
Robert holds a JD from the University of New Brunswick, an LLM from Osgoode Hall Law School, and a PhD from the University of Victoria. His research focuses on Aboriginal law, constitutional law, legal history, legal theory, and the relationship between Indigenous and state legal orders. He has published widely on Aboriginal rights and title, treaty rights, federalism, and the legal history of Crown-Indigenous relations. Robert has also worked directly with Indigenous nations on treaty rights, Aboriginal title, and self-government. He teaches courses in Indigenous Peoples and the Law, Property Law, Legal Research and Writing, Modern Treaties, and Federalism.
Research
Areas of Research
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 |
| Law 690 | Modern Treaties and the Law | Spring 2025 |
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)
- “Can a ‘Moderate Livelihood’ Fishery Reflect the Legal Pluralism of the Treaties of Peace and Friendship?” . Robert Hamilton. Journal of New Brunswick Studies. 91. (2024)
- “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)
- “Voice and Indigenous Rights”. in John Borrows and Kent McNeil, eds,. Voicing Identity: Cultural Appropriation and Indigenous Issues (Toronto: University of Toronto Press). (2022)
- “To Invite New Worlds”: Indigenous Constitutionalism and the search for a Jurisgenerative Federalism in Canada” . in Amy Swiffen & Joshua Nichols, eds, Indigenous Peoples and the Future of Canadian Federalism (Toronto: University of Toronto Press). (2023)
- “Resisting and Extending Empire: How the Acadian People Shaped British and French Imperial Rule Through the Strategic Use of Law” . in Lyndsay Campbell & Shaunnagh Dorsett, eds, Legal Histories of Empire: Navigating Legalities (Oxon & New York: Routledge). (2025)
- “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)
- “Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession. Ablawg. (2025)
- Teaching Dickson v Vuntut Gwitchin First Nation. Jennifer Koshan & Jonnette Watson-Hamilton. Ablawg. (2025)
- Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?. Ablawg. (2024)
- What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?. Nigel Bankes. Ablawg. (2024)
- Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families. Ablawg. (2024)
- The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples. (2023)
- Is the Act respecting First Nations, Inuit and Métis children, youth and families Constitutional?. Ablawg. (2022)
- Yahey v British Columbia and the Clarification of the Standard for a Treaty Infringement. Nick Ettinger . (2021)
- Blueberry River First Nation and the Piecemeal Infringement of Treaty 8. Ablawg. (2021)
- The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 2. Howard Kislowicz. Ablawg. (2020)
- The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Part 1. Howard Kislowicz. Ablawg. (2020)
- Albexit/Wexit/Albwexit and the Rights of Indigenous Peoples. David V. Wright. Ablawg. (2019)
- Uncertainty and Indigenous Consent: What the Trans-mountain decision tells us about the current state of the Duty to Consult.. Ablawg. (2018)
In the News
- Understanding the Wet’suwet’en struggle in Canada. Aljazeera. (2020)
- At the U.S.-Canada border, an "extinct" tribe hunts for recognition. Crosscut. (2019)
- Cannabis Legalization and Indigenous Governments. Lawyer's Daily. (2018)
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