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Aboriginal Financial Management Educational Program

AFM On-line Courses
AFM 3 - Business Law

This is the third course in the Certified Aboriginal Financial Manager Program. It offers Aboriginal financial managers the opportunity to learn about legal and legislative requirements and practices that occur in activities undertaken by Aboriginal organizations.

The cost for this course is:

Members: $535 (plus applicable taxes)

Non-members: $645 (plus applicable taxes)

For course start dates and to register, click on Register for courses.

Textbook Requirements:

Course

Textbook

ISBN

AFM 3: Business Law

Contemporary Canadian Business Law 9th Edition

13: 978-0-07-097985-7

AFM 3: Business Law

Aboriginal Law Handbook 3rd Edition

978-0-7798-1773-3

Course Description

This is the third course in the Certified Aboriginal Financial Manager Program. It offers Aboriginal financial managers the opportunity to learn about legal and legislative requirements and practices that occur in activities undertaken by Aboriginal organizations.

Currently, Aboriginal organizations are assuming more self-government responsibilities and pursuing new opportunities. With increased responsibility comes the need for increased understanding of law and its impact on activities. An increased level of understanding will reduce risk and improve decision making.

This course provides information on the legal framework for government and First Nations relations, legal transactions, issues and legislation. The financial manager is expected to have a good understand of legal matters and reduce potential liability for their organizations.

Course Learning Objectives

Lesson 1 – Introduction to the Canadian Legal System

  • The meaning of law and the legal system in Canada and their relationship to the financial community
  • Better understand the historical and contemporary relationship between First Nations and the Federal and provincial governments
  • The importance of acquiring a general legal perspective in regard to business and financial issues
  • Understand the evidence for organized legal, social and economic systems in North America prior to contact with Europeans

Lesson 2 – The Indian Act

  • Understand Indian Act band organization and the essential powers of First Nations self-government
  • Examine the Bills related to the Indian Act
  • Understand the classifications used by the Indian Act to deal with First Nations people and their significance
  • Understand the organization of bands under the Indian Act


Lesson 3 - Self Government

  • Understand the nature and origin of First Nation self-government
  • Develop decision-making plans for First Nations self-government models
  • Identify the means through which self-government may express itself
  • Examine land claims agreements and their impact on self-government
  • Examine federal statutes pertaining to land claims and self-government
  • Understand the powers available for self-government under the Indian Act
  • Understand several models of self-government
  • Examine a case study on self-government


Lesson 4 – Tort Law and Professional Liability

  • Examine the development of tort law and the basis for liability
  • Intentional interference with a person or property
  • Examine the Law of negligence
  • Understand the concept of professional negligence and how it can affect professional organizations


Lesson 5 – Business Law 1: Legal forms of Business and Organization

  • Understand and apply legal rules on business organizations and the evaluation of advantages and disadvantages of different forms of business organization
  • Understand several forms of business organization and evaluate their respective advantages and disadvantages
  • Identify the advantages and disadvantages of Band corporations


Lesson 6 – Business Law 2: Aboriginal Commercial Law

  • Identify the domain of commercial law
  • Identify the issues that aboriginal commercial law address
  • Identify the advantages and disadvantages of Band corporations


Lesson 7 – Aboriginal Title and Treaties

  • Understand the Doctrine of Aboriginal Title
  • Examine the Foundations for Aboriginal Title
  • Understand the issues related to Aboriginal Title and the contemporary treaty process
  • Understand the current relationship between the government and First Nations with respect to land claims
  • Understand the different concepts when it comes to land rights
  • Understand the definitions involved when discussing land rights, the differences between the definitions, and how they affect issues concerning land rights


Lesson 8 – Taxation Issues

  • Understand and apply basic taxation rules flowing from the Indian Act to different personal and business circumstances
  • Understand the special taxation rules that affect First Nations and their people
  • Understand the concept of personal tax exemption and how to apply this to First Nations and First Nations peoples
  • Understand how the issue of personal tax exemption affects salaries and wages
  • Understand the current taxation rules on the collection and payment of commodity taxes by First nations citizens and organizations
  • Understand how the personal tax exemption affects all forms of businesses (sole proprietorship, partnership, corporation, joint venture and commercial trust)
  • Understand the relationship between First Nation taxation laws and incorporation


Lesson 9 – Contract Issues I: Formation of the Contractual Relationship

  • Provide you with an introduction to the purpose and content of contracts;
  • Examine and evaluate different kinds of contracts, their legal effects and practical consequences;
  • Understand how a contract is formed; and
  • Understand the concept of consensus


Lesson 10 – Contracts II: Interpreting the Contract and Terminating the Contractual Relationship

  • Examine the assignment of a contract
  • Understand the concept of limitation of actions
  • Understand when a contract can be legally dismissed
  • Understand the grounds upon which a contract may be impeached
  • Understand the concept of mistake, misrepresentation, undue influence and duress
  • Understand the concept of a breach of contract and the remedies for a breach


Lesson 11 – Contracts III: Special Contracts

  • Examine contracts of sale, the title and risk associated to them, the implied conditions and remedies;
  • Examine contracts of insurance, their purpose, nature and importance;
  • Examine contracts of employment, the employment relationship and termination and discharge;
  • Analyze consumer protection legislation and assess its implications for First Nations;
  • Examine specific employment legislation; and
  • Review the concept of collective bargaining


Lesson 12 – Employment Law

  • Understand the rights of employees of First Nations organizations under the law and the legal obligations of the employer
  • Understand the relationship between employment law and contract law
  • Understand the responsibilities of a financial manager towards the hiring and firing of employees
  • Understand the responsibilities of a financial manager for the working conditions of a business
  • Defining the employment relationship
  • Hiring and Firing
  • Workplace safety
  • Human rights and the workplace
  • Labour law
     

Lesson 13 – Debtor and Creditor relations

  • Negotiable instruments
  • Leasing
  • Secured transactions — Traditional approach
  •  Secured transactions — New approach
  • Bankruptcy and insolvency


Lesson 14 – Special Topics in First Nations

  • Explore the concept of tenders and how to evaluate bids
  • Examine the impact of intellectual property law on First Nations
  • Explore e-commerce and its potential for First Nations
  • Understand when you should get legal advice and what to look out for
     

Information on how the Course is completed and graded

This course has fourteen lessons that run over a 16-week period. Although a suggested schedule follows, you are urged to make your own schedule, paying close attention to exact assignment due dates. These will be confirmed at the start of the course. It’s recommended that you try to complete a lesson a week. Be sure to allow yourself ample time to complete your assignments.
 

Week

 Lesson

Topic

Assignments

1

1

Introduction to the Canadian Legal System

 

2

2

The Indian Act

 

3

3

Self Government

 

4

4

Tort Law and Professional Liability

Assignment 1 Due

5

5

Business Law 1: Legal forms of Business and Organization

 

6

6

Business Law 2: Aboriginal Commercial Law

 

7

7

Aboriginal Title and Treaties

 

8

8

Taxation Issues

 

9

9

Contract Issues I: Formation of the Contractual Relationship

 

10

10

Contracts II: Interpreting the Contract and Terminating the   Contractual Relationship

 

11

11

Contracts III: Special Contracts

 

12

12

Employment Law

 

13

 
 

Assignment 2 Due

14

13
Debtor and Creditor relations

 

15

14

Special Topics in First Nations

 

16

 

 

Assignment 3 Due

 
Course Assignments and Grading

You will be evaluated in this course as follows:

Participation -  20%
Assignment 1 - 25%
Assignment 2 - 25%
Assignment 3 - 30%

Participation

It is 20% of your course grade, and is centered on Group Discussion. For each lesson, you are required to share information with others via the group discussion area. Each lesson has a specific group discussion activity. Your instructor/facilitator will monitor the discussion contributions to determine a participation grade, and provide support where required. While frequency of your contribution to the discussion is a factor in the assessment, the quality of the interaction is more important. For each lesson, strive to contribute two (2) substantive postings (i.e. try to include responses to other students postings as well)