February 7 - 13, 2024

This week’s edition includes a monumental child welfare ruling at the Supreme Court, consultation, transportation, Treaty rights and more.

 

IN THE NEWS


National headlines featured the Supreme Court’s ruling on Bill C-92, repatriation, Métis rights and Treaty rights across international borders

 

Supreme Court declares Indigenous child welfare law constitutional | CBC News 

Canadian museums still working on repatriation policies as U.S. museums shut down Indigenous exhibits | CBC News 

One substantial amendment accompanies Bill C-53 to Parliament for third reading | Windspeaker 

Want to work in the U.S. through the Jay Treaty? Some say process is confusing, frustrating | CBC News

 

Aboriginal title made top news on the east coast   

 

Judge rules in favour of big timber companies in Aboriginal title claim | Spare News 

 

Consultation was in the spotlight in Quebec   

 

Kebaowek First Nation asks for review of nuclear disposal project | APTN News   

 

Ontario news featured youth leadership and transportation

 

As First Nations chiefs in northern Ontario call for health-care action, youth demand more involvement | CBC News 

Impassable winter roads create ‘dire’ situation for Ontario First Nations: NAN | Global News

 

Treaty rights and transportation were top stories across the prairies

 

First Nation files legal claim over 150-year-old Treaty 4 | Winnipeg Free Press 

Remote Manitoba First Nations declare state of emergency due to lack of winter road access | CBC News 

‘Done being patient’: Saskatchewan First Nations suing Ottawa over $5 annuity payments | Global News

 

Land back was front and centre in BC  

 

Tla’amin Nation set to reclaim village of tiskʷat 151 years after it was taken: 'It’s like a long lost relative' | IndigiNews 

 

Yukon news continued to feature consultation and remediation

 

Ross River Dena Council appeals court ruling that consultation on mine project was mostly adequate | CBC News 

Ottawa dismisses Yukon First Nation's concerns regarding Mount Nansen mine clean up | CBC News

 

FROM THE COURTS


The Supreme Court of Canada upheld the constitutionality of Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families. Check out Bruce’s blog post on the Supreme Court decision.

 

The Troubling Basis for the Supreme Court’s Child Welfare Law Decision | Bruce McIvor | First Peoples Law LLP

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

Case in Brief: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families | Supreme Court of Canada

 

The Specific Claims Tribunal weighed in on the federal government’s breach of fiduciary duty to the Ahousaht First Nation  

 

Ahousaht First Nation v. His Majesty the King in Right of Canada, 2024 SCTC 1 

 

QUOTE OF THE WEEK


We have never given up our Inherent and Human Rights to care for and protect our own children within our own traditional systems.

Chief Bobby Cameron, Federation of Sovereign Indigenous Nations (FSIN)     

 

OFF THE BOOKSHELF


But sometimes, laughter is less about what's funny and more about letting someone know you understand, that you're in on the joke together.

-  Jessica Johns, Bad Cree (2023)

 

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.