Bradford Morse

Professor

BA (Rutgers), LLB (UBC), LLM (Osgoode)

Professor Morse was Dean of Law at the Faculty of Law, Thompson Rivers University, from 2015-2019, after serving as Dean and Professor of Law from September 2009 until December 2014 at the University of Waikato, New Zealand when he joined TRU Law.

He remains as an Honorary Professor of Law at Te Piringa - Faculty of Law, University of Waikato, New Zealand, Professor Emeritus at University of Ottawa’s Faculty of Law, Common Law Section and is an Adjunct Professor at Westfälische Wilhelms-Universität Münster - University of Münster, in Germany, where he teaches annually.

Professor Morse is Professor Emeritus and was previously Professor of Law, in the Faculty of Law, Common Law Section at the University of Ottawa where he served in the past as Vice-Dean and Director of Graduate Studies, among a variety of other administrative duties since joining that Faculty in 1976. He has taught a wide variety of courses concerning Canadian and comparative Indigenous law issues, as well as labour law, trusts, property, and civil liberties, among others. His career includes appointments as Executive Director of the Native Legal Task Force of British Columbia (1974-75); Research Director of the Aboriginal Justice Inquiry of Manitoba (1988-91); and Chief of Staff to the Hon. Ronald A. Irwin, Canadian Minister of Indian Affairs and Northern Development (1993-1996).

He has served as legal advisor to many First Nations in Canada as well as national and regional Aboriginal organizations since 1977 in a broad range of constitutional, land claim, governance, economic and treaty issues. He was General Counsel to the Native Council of Canada from 1984-93 during which time he was directly involved in the First Ministers Constitutional Conference Process (1984-87), Meech Lake Accord Constitutional proposals (1987-90) and Charlottetown Constitutional Accord proposals (1990-92). He was previously advising the Association of Iroquois and Allied Indians during the development of the Canadian Constitution Act, 1982 (1979-82).

Professor Morse has been a consultant to various royal commissions, government departments and Indigenous peoples' organizations in Canada, Australia and New Zealand (including the Law Reform Commission of Canada, , the Royal Commission on Aboriginal Peoples, the Australian Law Reform Commission the Truth and Reconciliation Commission and the Waitangi Tribunal of Aotearoa New Zealand) and as a Chief Federal Negotiator on several land claims and treaty issues in Canada. He has been a visiting scholar to a number of law schools over his career, including the Universities of New South Wales, Auckland, Melbourne, Queensland, Monash, Hong Kong, and Victoria University of Wellington, as well as Senior Fulbright Scholar at the Native American Legal Research Center at Oklahoma City University. He has authored well over 100 articles, books, book chapters and commission reports.

He currently teaches the Law of Property, Law of Trusts and Comparative and International Indigenous Rights (the latter includes participating professors and students from law schools in the US, Australia and New Zealand).

He currently serves as an elected Director of the Vancouver International Arbitration Centre (formerly called the British Columbia International and Commercial Arbitration Centre] (2015 - present); the Canadian Institute for the Administration of Justice/L’Institut canadien d’administration de la justice (2017—23); Director and Vice-President for British Columbia for the International Commission of Jurists – Canada (2018 – present); and the Centre for Senior’s Information in Kamloops (2017-present) as well as on a number of the committees for each of these non-profits.   

 Articles (45) a few of which are:
  1. "Comparative law teaching through video conferencing" (2014) 5 IUCNAEL EJournal 1-18.
  2. "Tŝilhqot'in Canadian Aboriginal Title Landmark Decision – A Game Changer?" Live encounters, September 2014, 1-22
  3. "Tŝilhqot'in Nation v British Columbia: Is It A Game Changer in Canadian Aboriginal Title Law and Crown-Indigenous Relations?" in (2017) 2 Lakehead Law Journal, No. 2 at 64-88.
 Book Chapters (51) a few of which are:
  1. "Aboriginal and Treaty Rights in Canada" in Canadian Charter of Rights and Freedoms/Charte canadienne des droits et libertés, edited by Errol Mendes and Stéphane Beaulac, 5th ed. (Markham, ON: Lexis Nexis Butterworths, 2013), 1219-1323.
  2. "Regulatory Reform in New Zealand. The Move from Direct Government Services to Crown Entities" (with Joshua Pietras) in Parlament jako instytucjonalny uczestnik sektorow sieciowych [The role of national Parliaments in the regulation of network industries], edited by Marek Szydlo and Wojciech Szydlo (Wroclaw, Poland: Oficyna Prawnicza, 2014), pp. 11-69 (in Polish) and 214-269 (in English).
  3. "The uphill struggle to protect Indigenous traditional knowledge in settler states that value short-term private ownership: how is Canada doing?" in Natalie P. Stoianoff, ed., Indigenous Knowledge Forum – Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, (LexisNexis Butterworths Australia, 2016), pp. 403-440.
  4. "Aboriginal Rights Today - Canada's 150th: Have Recent Efforts to Enliven Aboriginal and Treaty Rights Given a Reason to Celebrate?" in Errol Mendes, ed., Canada's Constitutional Democracy: The 150th Anniversary Celebration (Lexis Nexis: Toronto, 2017) at 167-191.
  5. "The Rule of Law and Canada's 150th Birthday: A Cause for Celebration for Many Canadians but a Reminder of Terrible Wrongs for Indigenous Peoples" in Janine Lespérance, et al., eds., Canada and the Rule of Law: 150 Years After Confederation (International Commission of Jurists: Ottawa, 2017) at 27-33.
  6. "The Rights of Indigenous Peoples in Canada,” in Legal Status of Indigenous Peoples in Russia and Foreign Countries, edited by A. F. Malay, S. V. Bukhmin and R. Garpov, (Moscow: Prospekt, 2021, pp. 168-192 [translated into Russian].
  7. "The Supreme Court of Canada: The Road to Authority, Legitimacy, and Independence”, co-author with Kimia Jalilvand, in The Role of Precedents and Case-Based Reasoning in Constitutional Adjudication: A Comparative Study,” edited by Monika Florczak-Wator, Routledge (April 2022)
 Conference Presentations (245) a few of which are:
  1. Invited Keynote Speaker, "Regulatory Reform in New Zealand: The Move from Direct Government Services to Crown Entities", European Union and Regulatory Reform Conference, University of Wroclaw, Wroclaw, Poland (March 2014).
  2. Speaker, "Indigenous Peoples and their Right to Water," Global Ecological Integrity Group Annual Conference, Aegean Institute of the Law of the Sea and Maritime Law, Rhodes, Greece (June 2014).
  3. Speaker, "Hydroelectricity and Control of Water: Where Property, Indigenous and Environmental Rights Collide," 12th IUCN Academy of Environmental Law Colloquium, Rovira i Virgili University, Tarragona, Spain (July 2014).
  4. Panel Chair, 12th IUCN Academy of Environmental Law Colloquium, Rovira i Virgili University, Tarragona, Spain (July 2014).
  5. Invited Speaker, "The Uphill Struggle to Protect Indigenous Traditional Knowledge in Settler States that Value Short-term Private Ownership: How is Canada Doing?", The Second Indigenous Knowledge Forum (IKF2), Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, University of Technology, Sydney (October 2014).
  6. Keynote Speaker, "Ensuring Indigenous Cultural Survival by Protecting Traditional Knowledge in Settler States", University of Malaya Symposium on Indigenous Traditional Knowledge, Kuala Lumpur, Malaysia (November 2014).
  7. Invited Panel Chair, Law, Ethics and Responsibility Symposium, Waikato Tainui College for Research and Development, Hopuhopu, NZ (November 2014).
  8. Invited Panel Chair, 3rd International India NZ Business Forum 2014, University of Waikato, Hamilton, NZ (December 2014).
  9. Invited Speaker, "Looking at Indigenous Rights in other Common Law Countries", XXVIII Annual Sovereignty Symposium of the Oklahoma Supreme Court, Oklahoma City (June 2015).
  10. Speaker, "Contested Indigenous Property Rights: Proving Aboriginal/Native Title in Australia and Canada." Contested Property Claims Conference, Aarhus University, Aarhus, Denmark (December 10‐11, 2015).
  11. Invited Speaker, "Daniels v The Queen: What Real Difference Would a Win in the Supreme Court of Canada Mean in Law for Metis and Non-Status Indians?" Delivered at the Founding Conference of the Indigenous Peoples Alliance of Manitoba, Winnipeg (March 5-6, 2016).
  12. Panel Chair, Founding Conference of the International Inter-Tribal Trade and Investment Organization, University of Oklahoma, Norman Oklahoma (April 2016).
  13. Keynote Presentation, "Protecting ITK through ITK Owners Direct Involvement in its Governance and Use: The Canadian Experience" at Indigenous Knowledge Forum – Governance Systems for Data Management and Benefit Sharing Symposium, University of Technology Sydney, Australia (December 14, 2016).
  14. Invited Speaker, "Daniels Symposium", Congress of Aboriginal Peoples, Ottawa [video linked with Edmonton, Winnipeg, Montreal, and Corner Brook) March 21-22, 2017.
  15. "How Settler Constitutions Can Seek to Affect/Regulate Indigenous Identity: Canada after 150 and Australia after 116 Years" at the Association of Canadian Studies in Australia and New Zealand Conference, University of Wollongong {New South Wales, Australia). During the conference, I also convened the keynote roundtable panel on "Aspects of Reconciliation: Canada and Australia" (July 13-14, 2017).
  16. "Consultation with Indigenous peoples where Development and Indigenous Property Rights Collide" Co-presenter with Prof Margaret Stephenson, Edith Cowan University; at the 9th Annual Conference of the Association of Law, Property and Society, Maastricht University, Netherlands (May 31 - June 2, 2018).
  17. Panel Chair, International Inter-Tribal Trade and Investment Organization Conference, University of Oklahoma, Norman Oklahoma (June 5-6, 2018).
  18. Teacher in 2018 International Course on Legal Pluralism organized by the Commission on Legal Pluralism, hosted by the University of Ottawa, Faculty of Law in conjunction with the Maxwell School of Citizenship and Public Affairs, Syracuse University (August 17-24, 2018).
  19. Speaker, "The Challenge of Respecting Indigenous Customary Law within the Canadian Human Rights Act", at the Citizenship, Legal Pluralism and Governance in the Age of Globalization Conference of the Commission on Legal Pluralism, hosted by the University of Ottawa, Faculty of Law, (August 26-28, 2018).
  20. Co-organizer, Host and Panel Chair, International Inter-Tribal Trade and Investment Organization Conference, Vancouver (Global Affairs Canada) and Kamloops (Thompson Rivers University), September 21-23, 2018.
  21. Invited Speaker, “International Experience with Indigenous Courts: The Aotearoa/New Zealand Experience”, Justice Canada Conference, Exploring Indigenous Justice Systems in Canada and Around the World, Canadian Museum of History, Gatineau, (May 14-15, 2019).
  22. Speaker, “Aboriginal Title Resolution Processes: Comprehensive Claim Settlements in Canada and Australia”, Co-presenter with Prof Margaret Stephenson, Edith Cowan University; at the 10th Annual Conference of the Association of Law, Property and Society, Syracuse University (May 16-18, 2019).
  23. Panel Chair, Land Tenure, (In)Security and Land Reform, 10th Annual Conference of the Association of Law, Property and Society, Syracuse University (May 16-18, 2019).
  24. Co-organizer and Panel Chair, International Inter-Tribal Trade and Investment Organization Conference, University of Oklahoma, (June 3-4, 2019).
  25. Speaker, “Obtaining Recognition of Indigenous Control of ITK Directly or through Enabling Legislation”, Indigenous Knowledge Forum: Models for a Competent Authority – Facilitating Self-Determination, University of Technology Sydney, Australia, (June 12-13, 2019).
  26. Panel Chair, International Inter-Tribal Trade and Investment Organization Conference, Vancouver, hosted by US Consulate and Canadian Ministry of Global Affairs; Host and Panel Chair, at Thompson Rivers University, of continuation of Conference (November 2019).
  27. Moderator and Commentator, Canadian Institute for the Administration of Justice Webinar, “Looking at British Columbia’s Declaration on the Rights of Indigenous Peoples Act” with Regional Chief for BC Terry Teegee, of the Assembly of First Nations and Professor Mary Ellen Turpel-Lafond (Aki-Kwe), Peter A. Allard School of Law, University of British Columbia; Senior Associate Counsel, Woodward & Company (November 4, 2020) https://ciaj-icaj.ca/en/videos/webinar-on-indigenous-peoples-and-the-law-2020-11-04/
  28. Speaker, “Protecting ITK in Canada: Some Progress But Much More To Do,” at Virtual Roundtable on Traditional Knowledge and Intellectual Property, hosted by Dean Alpana Roy, Te Piringa – Faculty of Law, University of Waikato (December 4, 2020).
  29. Panelist, Indian Residential School History and Dialogue Centre, University of British Columbia, webinar,  “Implementing UNDRIP Through Canada’s Bill C-15” with Hon David Lametti, MP, Minister of Justice & Attorney-General of Canada; Hon. Carolyn Bennett, Minister of Crown-Indigenous Relations; National Chief Perry Bellegarde, Assembly of First Nations; Hon. Murray Rankin, BC Minister of Indigenous Relations and Reconciliation; Doug White, Q.C., Chair of BC First Nations Justice Council; Chief Don Tom, V-P , Union of BC Indian Chiefs; Laurie Sargent, Associate Deputy Minister Justice Canada;  Dr Sheryl Lightfoot, Canada Research Chair of Global Indigenous Rights and Politics, UBC; Jessica Wood, Assistant Deputy Minister, BC Ministry of Indigenous Relations and Reconciliation; and myself, with co-chairs, Dr Mary-Ellen Turpel-Lafond, Director of the Institute and Dr Roshan Danesh, Q.C. (February 4, 2021) https://www.youtube.com/watch?v=6hRitpe1mp4&t=8s
  30. Co-presenter with Assoc Prof Margaret Stephenson, Curtin University, “Interpreting Compensation for Loss or Impairment of Native/Aboriginal Title in Australia and Canada,” 10th Annual Conference of the Association for Law and Property Society, hosted virtually by Tulane University Faculty of Law, New Orleans (April 19-21, 2021).
  31. Speaker, “Empowering Mother Earth through Asserting Indigenous Rights,” Global Ecological Integrity Group Annual Conference, virtually hosted by McGill University, (Montreal June 28 – July 1, 2021).
  32. Speaker, “Intertwined Economic Futures: A View from Canada,” Sovereignty Symposium XXXIII, organized by the Oklahoma Supreme Court, October 11-12, 2021, in Oklahoma City, (virtual presentation on October 12, 2021).
  33. Moderator and commentator, Panel 3, “Indigenous Laws and Justice System” with Professor Val Napoleon, University of Victoria, Interim Dean of Law, Director of JD/JID, and Law Foundation Chair of Indigenous Justice and Governance; Joyce King, Director of Justice for the Mohawk Council of Akwesasne, including the Akwesasne Court, and Justice of the Peace under s. 107 of the Indian Act (November 18, 2021).
  34. Speaker, “Agreements Between First Nations and Municipal Governments Across Canada,” 7th Annual Mid-Winter Conference, CBA Yukon Branch, Whitehorse, Yukon (March 25, 2022).
  35. Co-speaker with Simran Joura, “Indigenous Governments and Local Governments Across Canada” TRU Faculty of Law Research Series (March 29, 2022).
  36. Panel Chair and presenter, “Indigenous Trade Update – Canada,” virtual conference of the International Inter-tribal Trade and Investment Organization (June 6, 2022).
  37. Speaker, “Growing Intertribal Trade Opportunities between US & Canada and Greater Access to Financial Support” in “Intertwined Economic Futures Panel at ‘The Earth: Sovereignty Symposium XXXIV,” (June 8-9, 2022), Oklahoma City hybrid delivery.
  38. Speaker, “Indigenous Governments Exercising Environmental Law Jurisdiction: Hope for the Future?” Global Ecological Integrity Group Annual Conference, University of Salerno, Salerno, Italy (July 1, 2022); also chaired another panel.
  39. Speaker, “Revitalizing Indigenous Governments in Canada via Traditional Laws and Modern Ones” at Courts as an Arena for Societal Change, Universitei Leiden, Leiden, Netherlands (July 9, 2022) and Panel Chair.
  40. Panel Chair and present, “Indigenous Rights Being Transformed” at Global Meeting on Law & Society, Law and Society Association, at ISCTE – University Institute of Lisbon, July 16, 2022.
 Curriculum Vitae

Download Bradford Morse's CV here.

Bradford Morse
Contact

Office:
OM 4763
Email:
bmorse@tru.ca
Phone:
250-852-7267

Courses
  • Comparative and International Indigenous Rights
    (LAW 3780)