Law Times

Page 8 April 28, 2014 • lAw Times www.lawtimesnews.com Focus on Aboriginal Law Jean Teillet From dancer to successful lawyer ean Teillet may be a descendent of a famous Métis leader, but a career in aboriginal law wasn't always in the cards as she started out as a professional dancer. e constitutional lawyer who special- izes in aboriginal rights spent nearly two decades performing on radio, TV, and film before attending the University of Toronto's law school at age 38. Despite initially feeling like her brain was a "rusty tap," Teillet also found her un- conventional background gave her a dis- tinct advantage over her fellow students. "As a dancer, I was used to working 16 hour days, no problem, dancing, teach- ing, rehearsing. And then I got to law school and students were whining about three hours of classes a day and I thought: 'Whoa, what a bunch of wimps!' "I just had no idea that the training you get as a dancer — the motivation, the energy, and concentration skills — would help me at law school." Although law was merely a Plan B, she went on to become a partner at Pape Salter Teillet LLP, where she has worked on many landmark cases in aboriginal law as the practice area evolved, as well as founding the Métis Nation of Ontario and the national aboriginal moot and winning numerous awards for her contri- butions to aboriginal justice efforts. at's not to say the change of career was the result of a swi, spontaneous de- cision. Teillet always knew there would need to be "something else" when her body started to feel the physical toll of gruelling dance rehearsals and she had originally been accepted to law school years earlier. She had decided to pursue her dance dream only aer a lot of agonizing. Her parents disapproved of both options, see- ing both law and performance as unsuit- able occupations for a woman in Winni- peg in the early 1970s. Nonetheless, Teillet's father influenced her decision to study dance as he was an "extraordinary athlete" people said could have played major league baseball or in the National Hockey League. e Second World War got in the way, and he would always brag about the glittering career he could have had. "I thought dancing's like being an athlete," says Teillet. "You've got to do it young. I won't live this 'I wish I had' and 'could've been' number." Once ensconced at law school, she again faced stark career choices. Teillet had always felt acutely aware of her heritage as the great-grandniece of Métis leader Louis Riel, who played a central role in establishing the province of Manitoba. But as a student, she couldn't decide whether to pursue the fledging practice of aboriginal law, lean on her performance background as a route into entertainment law or, as a strong advocate of women's rights, specialize in reproductive law. Reproductive rights form an impor- tant part of her practice, but she opted to focus on aboriginal law aer witnessing the Charlottetown round of constitution- al negotiations in 1992. "ere was a huge issue about First Na- tions and Métis and Inuits and I just took to it like a duck to water and just loved the discussion and debate . . . and seeing the possibility of negotiated solutions," she says. "I started meeting a lot of aboriginal people who were deeply involved in all of this stuff and I started tagging along and getting my feet wet on the politics and law of aboriginal issues." Since then, Teillet has been lead coun- sel in R. v. Powley, a case in which the Supreme Court of Canada affirmed the constitutional protection of Métis har- vesting rights, and was co-counsel in Taku River Tlingit First Nation v. British Co- lumbia (Project Assessment Director), the companion case to Haida Nation v. Brit- ish Columbia (Minister of Forests) in which the top court established consultation requirements with respect to aboriginal rights. More recently, Teillet has been an in- tervener in Canada (Indian Affairs and Northern Development) v. Daniels, a case that found Métis people to be Indians un- der s. 91(24) of the Constitution Act. A Federal Court decision last January found Métis people to be Indians for the purposes of the act. e plaintiffs, includ- ing the Congress of Aboriginal Peoples, argued the federal government's refusal to recognize Métis as Indians pursuant to s. 91(24) had restricted their access to health care and education, subjected them to criminal prosecutions for exer- cising aboriginal rights to hunt, trap, fish, and gather on public lands, and cut them out of federal government talks on ab- original rights issues. Teillet supported Federal Court Justice Michael Phelan's decision but worries his definition of Métis may be too broad by potentially encompassing anyone who's able to find some Métis ancestry from hundreds of years ago. "I don't think constitutional rights are given away so easily or that they're sup- posed to be such a frivolous concept," she says. "I think there has to be some meaning. It undermines the legitimate claims of the Métis nation as a people." e federal government appealed Phelan's decision in October. is month, the Federal Court of Appeal upheld the ruling as it pertained to the Métis. Either way, the case will end up at the Supreme Court, Teillet believes. Just as her performance background helped her focus at law school, she finds it also helps in court. "I try to think about beginnings, middle, and endings and pitch, pace, and pause — all those things you learn as a performer about when to take a break, to let them absorb, and when to pick your 'I just had no idea that the training you get as a dancer — the motivation, the energy, and concentration skills — would help me at law school,' says Jean Teillet. WWW.CANADIANLAWYERMAG.COM/LEGALFEEDS A DAILY BLOG OF CANADIAN LEGAL NEWS FEEDS LEGAL POWERED BY Untitled-2 1 14-04-24 3:01 PM BY CHARLOTTE SANTRY Law Times J See Voice, page 12

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