Scott Franks

Franks is a citizen of the Manitoba Métis Federation and is from northern Saskatchewan. His doctoral research investigates the judicial construction of Métis legal identity in the Alberta Métis settlements (University of Ottawa; SSHRC - Doctoral - Joseph-Armand Bombardier). His LLM research investigated barriers and opportunities to the implementation of the Truth and Reconciliation Commission's Calls to Action in law schools (SSHRC CGS-M, CBA Viscount Bennett, York University Graduate Fellowship and Scholarship, and Law Foundation of British Columbia).

Franks clerked for the Honorable Madam Justice Andromache Karakatsanis at the Supreme Court of Canada and practiced at Olthuis Kleer Townshend L.L.P., a national Indigenous rights law firm. He has a juris doctor from Osgoode Hall Law School and is an alum of McGill University (Political Science) and Lester B. Pearson, United World College of the Pacific. Prior to Allard, Franks was a member of the inaugural faculty of the Lincoln Alexander School of Law at Toronto Metropolitan University.

Franks' research is in the areas of Canadian Aboriginal law and Indigenous legal theory and practice. He also writes in criminal law and procedure, and in other legal areas relevant to Indigenous-settler relations.

Research and Publications

To learn more about my research, please visit my PURE Research profile. You can also access my publications on the following sites: 

• Allard Research Commons / bepress Legal Repository Search
• UBC Library Faculty Publications Database
• HeinOnline

Indigenous Settler Legal Relations

Indigenous Settler Legal Relations builds on the recommendations of the Truth and Reconciliation Commission of Canada, including the Calls to Action, and in particular Call to Action 28. In order to address and build on these imperatives, the Indigenous Settler Legal Relations course seeks to foster a decolonized understanding of law, legal institutions, and legal processes in Canada.

Law 353 – Aboriginal and Treaty Rights

This course focuses on key cases on Aboriginal rights. We will examine the case histories of three cases (as examples, Sparrow, Pamajewon, and the C-92 reference) from their surrounding context, through trial to the Supreme Court of Canada. We will review a variety of material, including news, video, transcripts, facta, affidavits, judgments, and commentary. Throughout the course, we will reflect on the choices of the parties, officers, counsel and judges in the context of the litigation, opening up an opportunity to discuss the ethics and practice of Aboriginal law, and the impact of these choices on law and society(ies). 

As these cases sit within a related jurisprudence, students will be expected to draw from their existing knowledge from the first year course on Aboriginal and treaty rights. Students will also be introduced to archival and critical methods in legal history, and how to prepare a scholarly writing for publication.

• Indigenous Bar Association, Member
• Canadian Bar Association, Member
• Law Society of Ontario, non-practicing lawyer
• Federation of Law Societies of Canada – National Requirement Review Committee (2023-2024)
• Ontario Bar Association – Aboriginal Law Section (2023-2024)

Thesis

Scott Franks, "Towards Implementing the Truth and Reconciliation Commission's Calls to Action in Law Schools: A Settler Harm Reduction Approach to Racial Stereotyping and Prejudice Against Indigenous Peoples and Indigenous Legal Orders in Canadian Legal Education." (Toronto: York University, 2020) [Thesis submitted in fulfillment of LLM at Osgoode Hall Law School].

Articles

Scott Franks, "Some Reflections of a Métis Law Student and Assistant Professor on Indigenous Legal Education in Canada", (2022) 48 Mitchell Hamline Law Review 744

Scott Franks, "Revisiting Jury Instructions on Racial Prejudice Towards Indigenous Peoples in Criminal Jury Trials" , (2022) 100:3 Canadian Bar Review 406

Editorials

Scott Franks, “The Supreme Court of Canada’s Child Welfare Ruling: Short and Long-Term Implications”, (Toronto, Yellowhead Institute, February 20 2024).

Scott Franks, "Jurisprudence, the Legal Profession & the Limits of Action (external link) " in Calls to Action Accountability: A 2022 Status Update on Reconciliation (Toronto, Yellowhead Institute, 2022) at p. 29.

Scott Franks, "Reconciling the contradictions in Aboriginal and Indigenous law", Canadian Bar Association The National, September 30, 2022

Scott Franks, "Sustaining progress in Indigenous legal education", Canadian Bar Association The National, October 11, 2022

Interviews

Simon Lewsen, "How can the legal profession advance reconciliation?" (external link) , Precedent, September 27, 2022

Oksana Romanov, "Interview of Professor Scott Franks, Acting Assistant Professor in the Faculty of Law at Ryerson University", Ontario Bar Association Student Article, January 27, 2021

Presentations

Scott Franks, "Indigenizing the Tort Curriculum", University of Idaho Sovereignty Series, September 7, 2022

Selected Professional Contributions

“Culturally Competent Legal Services for Indigenous Clients and Communities,” accredited through the Law Society of Ontario for 1.5 hours of Equity, Diversity and Inclusion Professional Ethics hours, delivered at OKT Law, Toronto, Ontario.

Selected Publications

“Barton jury instructions may raise racial prejudice”  (2019): Canadian Bar Association National Magazine (full journal article currently in draft).

Books

Scott Franks, “Metis,” in Lorraine Land and Matt McPherson (eds.), Aboriginal law handbook, 5th ed (Toronto: Thomson Reuters Canada, 2018) (substantial revisions to chapter).