February 14 - 27, 2024

This week’s edition includes conflicting legal orders, transboundary rights, burial sites, environmental rights and more.

 

IN THE NEWS


National headlines featured calls for federal action on burial sites and housing

 

Canada needs legislation to protect historical Indigenous burial sites: Winnipeg conference | CBC News 

AFN National Chief Cindy Woodhouse Nepinak calls for full implementation of National Encampments Response Plan recommendations | Assembly of First Nations

 

The Nisga’a Treaty, transboundary rights, conflicting legal orders, the Land Act and self-governance filled BC headlines   

 

Nisga'a Treaty disputes settled between B.C. and First Nation governments | CBC News 

Alaskan tribal group applies for Canadian status | APTN News 

NDP Hits Brakes on Land Act Reconciliation Plan | The Tyee 

Fears raised over proposed changes to B.C. Land Act are threat to reconciliation, says regional chief | CBC News 

Wet’suwet’en Law Cannot ‘Coexist’ with BC Court Order, Judge Determines | The Tyee 

Sts’ailes ‘disappointed’ but won’t let Ottawa’s delay hinder child, family services plan | Global News 

Lake Babine moves to self governance with a new funding agreement with federal government 

 

Land protection, Treaty rights and consultation were front and centre in Alberta   

 

Alberta First Nations community asks for review of mountain town projects | CTV News 

Woodland Cree First Nation Gives Notice to Alberta Energy Regulator – The Obsidian Energy  Oil Well Expansion Will Not Proceed | Newswire

 

Northern news included the devolution agreement and an environmental emergency

 

Devolution in Nunavut: Is this Really Namminiqsurniq (Self-Determination)? | Yellowhead Institute 

First Nation warns of 'ecocide' as spring melt poses risk to tailings pond at Yukon mine site | CBC News

 

Identity, mining, forestry, court actions and environmental rights topped headlines across Ontario, Manitoba and Quebec

 

'We are not Oji-Cree': 22 First Nations across Manitoba, Ontario clear the air on distinct identity | CBC News 

Grassy Narrows chief calls out feds amid 'ridiculous' delays to mercury treatment centre construction | CBC News 

Manitoba First Nations concerned over major issues in province's forestry plan | CTV News 

First Nations say Ring of Fire development could have negative effects on water systems | CTV News 

Mushkegowuk Council pitches marine conservation area | APTN News 

Cat Lake First Nation Files Court Injunction to Stop First Mining Gold | NetNewsLedger 

First Nations call on feds to oppose nuclear waste disposal site near Ottawa River | City News 

Mitchikanibikok Inik First Nation challenges Quebec over its free entry mining regime | CBC News

 

East Coast news continued to include Treaty rights and fishing  

 

Wolastoqey fishers say proposed elver fishery shutdown infringes on treaty rights | CBC News 

Crown asks New Brunswick judge to stay charges against Indigenous lobster fisherman | CityNews

 

FPL IN THE NEWS


Bruce was interviewed by CBC on the duty to consult

 

What does the duty to consult First Nations, Inuit and Métis mean? | CBC News 

 

Bruce’s blog post on the Supreme Court of Canada’s recent Indigenous child welfare law decision was republished by The Tyee

 

A Big Win, and Big Loss, on Indigenous Child Welfare | The Tyee 

 

Check out Bruce’s interview on Redeye about the Doctrine of Discovery and the recent Supreme Court decision

 

Colonial powers intact despite Indigenous child welfare court victory | Spreaker  

 

FROM THE COURTS


The Federal Court set aside decisions rejecting the approval of a mining project in Treaty 7

 

Benga Mining Limited v. Canada (Environment and Climate Change), 2024 FC 231

 

QUOTE OF THE WEEK


The harm that was done needs to be corrected by the government who harmed us.

Ovide Mercredi, former AFN National Chief     

 

OFF THE BOOKSHELF


The teachings show us that we learn and become strong through suffering. I can see that you are very strong. There is no shame in sadness.

-  Michelle Good, Five Little Indians, (2020) 

 

First Peoples Law is the author of Indigenous Peoples and the Law in Canada: Cases and Commentary. Previously authored by legendary law professor Shin Imai for over two decades, the book includes hundreds of annotations of significant court decisions and federal legislation regarding Indigenous rights in Canada. We hope it continues to be a useful resource for Indigenous Peoples defending and advancing their rights across the country.
Bruce McIvor's clear, plain answers to frequently asked questions about Indigenous rights.
Faced with a constant stream of news reports of standoffs and confrontations, Canada’s “reconciliation project” has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it.
We are providing a list of resources for anyone looking to get informed about the truth of Residential Schools shared by Survivors across the country. It is not meant to be an exhaustive list. We would welcome any feedback or recommendations.
Check out our podcast featuring conversations on the defence of Indigenous rights.
Your weekly news update on Indigenous rights from First Peoples Law.
First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples in Canada. We work closely with First Nations to defend their Aboriginal title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their members.
Bruce McIvor, lawyer and historian, is partner at First Peoples Law LLP. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights. A member of the bar in British Columbia and Ontario, Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada. Bruce's ancestors took Métis scrip at Red River in Manitoba. He holds a law degree, a Ph.D. in Aboriginal and environmental history, is a Fulbright Scholar and author of Standoff: Why Reconciliation Fails Indigenous People and How to Fix It. He is a member of the Manitoba Métis Federation.