We’re thrilled to welcome alum Jessica Buffalo back to the Peter A. Allard School of Law as the Academic Director of the Indigenous Community Legal Clinic (ICLC).
Located in Vancouver’s Downtown Eastside, the ICLC provides the underserved Indigenous community with pro-bono legal services, while providing law students with an experiential learning opportunity aimed at developing cultural competency skills and a deeper understanding of the impacts of Canadian law and the justice system on Indigenous peoples. At the Clinic, Professor Buffalo teaches Law 489 – a full-term course focused on decolonizing and Indigenizing law.
Professor Buffalo is from Nipisikohpahk (Samson Cree Nation) and her Cree/nēhiyawak name is Maskwa Iskwêw, meaning Bear Woman. Throughout her career, she has provided training on working with Indigenous peoples within the justice system. In 2022, she became the Law Society of Alberta’s first Indigenous Initiatives Counsel, where she led initiatives aimed at advancing reconciliation.
Professor Buffalo’s experience also includes serving as the temporary Homeless Outreach Lawyer at Calgary Legal Guidance and running a private practice, focusing on criminal defense for Indigenous and marginalized people.
You completed your JD at Allard Law in 2016. What inspired you to return?
I’ve never stopped talking about the ICLC. I applied to Allard Law because of the ICLC and then I summered there and then transitioned into the academic term. It helped inform my practice as a lawyer. It strengthened my relationship to clients and colleagues. And it helped me to see how the law intersects with Indigenous legal issues in all areas – not just family and criminal law.
When I received the opportunity to return, I was happy to accept so that I may help the next generation of lawyers experience what I had the privilege of experiencing. I also grew up on Vancouver Island and subsequently Vancouver – so I have a lot of connections and ties here.
How would you describe your approach to teaching?
I’d say my approach to teaching is centered around inclusivity and engagement. I prioritize the students’ perspectives, fostering an environment where their voices are heard and valued. I try to ensure the readings are accessible and easy to obtain, which reduces barriers to learning and allows the students to engage with the material effectively. I encourage creative thinking and challenge the students to explore ideas beyond conventional boundaries.
What was your experience like at the Indigenous Community Legal Clinic as a student? How has that experience informed your approach as Academic Director of the ICLC?
I made the decision to go to law school so that I could work with and for Indigenous people. The clinic helped give me the tools to start that journey. I learned about what it means to be trauma-informed – which greatly benefited my practice. I really began to delve into the law surrounding section 718.2(e), also known as the Gladue Principle, while at the Clinic and this carried on in my career working with Legal Aid, specialized Indigenous Courts, and the Law Society of Alberta.
What do you hope your students take away from their time at the ICLC?
That there is not just one way of doing things – to push those boundaries to make space for those who have been marginalized. What it all boils down to is being able to advocate effectively and competently. The skills they learn at the Clinic will hopefully help them to understand what that means when working with Indigenous Peoples.
Your research looks at the overrepresentation of Indigenous people in both the criminal justice system and child welfare system. Can you tell us about your work in this area?
The late Murray Sinclair, Mazina Giizhik, said, “Education got us into this mess. Education will get us out.” Practicing in this area, I started to notice a large gap when it comes to being educated about Indigenous issues. When I started to delve into this issue and began talking with the legal profession, I found that lawyers were not educated about Indigenous issues, either because they didn’t learn about the history and legacy of government initiatives like the Residential School System in school, they did not know how to seek out this information themselves, or they did not and do not believe it is relevant to their work and, therefore, won’t pursue it. In order for principles like the principle found in section 718.2(e) of the Criminal Code, to be meaningfully applied there has to be a base level of cultural competency.
Section 718.2(e) is often referred to as the Gladue Principle, after the landmark decision of R. v. Gladue. The section is remedial and restorative, as its function is to prevent the mass-incarceration of Indigenous people in the criminal justice system by taking into consideration what brought them before the judge – including looking at the legacy of things like the Residential School System, the Sixties Scoop, and the Indian Act and how that impacted them, and then considering all alternatives to custody. Despite 718.2(e) being codified in the mid 1990s, the statistics regarding incarceration rates of Indigenous people continue to climb every single year.
At the clinic, I work with the students to build this competency and working knowledge by providing them with tools and skills-based training to help them to think outside of the box. That creative thinking helps to transform the status quo that is contributing to the mass-incarceration of Indigenous peoples by providing the Court with alternatives that are culturally relevant, based on what the community needs, and focused on healing. Reconciliation requires us to move forward together, but we can’t do that if our laws, our community voices, and our knowledge keepers aren’t listened to or respected.
As an alum of the law school, what was most memorable about your time here?
Probably participating in Law Revue. I did it all three years, starting in 1L with singing a parody of “Let it Go” from Frozen. I think the song was about not getting a call back after doing On-Campus Interviews. It helped me to come out of my shell as I was really shy (still am). After that, it’s doing the ICLC as a summer student.
