Aboriginal Law Report
By Bruce McIvor
I was at family camp last weekend (highly recommended) and so wasn't able to do my report. Here's a double issue covering the last two weeks.
The federal government released 10 principles on its relationship with Indigenous Peoples.
- Principles respecting the Government of Canada's relationship with Indigenous peoples
- Beyond denial: Indigenous reconciliation requires recognition
- Opinion: Ottawa's Indigenous relationship principles important for all Canadians
- Chief hopeful Ottawa’s ‘10 principles’ represent breakthrough in relations
Expectations are high in British Columbia that the NDP government will forge a new path with Indigenous people.
- Editorial: Reset a troubled relationship
- B.C.'s pipeline opposition strategy still under wraps while Trans Mountain forges ahead
- First Nations remind NDP about election promises
British Columbia's outgoing provincial government left a farewell gift for its mining friends.
- First Nation evacuees angry the outgoing B.C. government granted mining permits during wildfire crisis
- First Nation angry over timing of permits issued for controversial New Prosperity mine
- Indigenous leaders decry Taseko Mines work permit issued days before BC Liberals left office
- Taseko gets multiyear ‘NOW’ permit for contentious New Prosperity mine
A mining proposal in Yukon is in jeopardy due to inadequate consultation.
The proposed Ajax mine in Kamloops suffered another setback.
- Kamloops Council, First Nations Ask B.C. Government to Suspend Controversial Ajax Mine Proposal
- Kamloops city council officially opposes proposed Ajax mine
- Kamloops city council votes against controversial Ajax copper-gold mine
Despite an accommodation deal being signed, the Sisson mine in New Brunswick continues to face opposition.
Here's a backgrounder on the Constitution Express.
The Cree of northern Quebec entered into a new self-government agreement.
- 'Reconciliation in action': Quebec Cree leaders sign governance, funding agreement with Ottawa
- Opinion: Cree governance accord with Canada is reconciliation in action
Here's a backgrounder on territorial acknowledgements.
If you want to see an original copy of Treaty 8, visit Regina.
A Nova Scotia First Nation approved a land settlement.
Also in Nova Scotia, the 'conquered people' soap opera continues.
Oka was back in the news.
The Truth and Reconciliation Commission's recommendations continue to resonate.
- University of Windsor wants to hire five of Canada's 'best and brightest' Indigenous professors
- University of Windsor to hire five Indigenous professors
How serious is the federal government on changing its relationship with Indigenous people?
Jurisdiction is at the forefront of Indigenous activism across the country.
Finally, this story is of special personal significance: my family lived next to Chief Peguis at St. Peter's.
From the Courts
The LNG industry and the National Energy Board suffered a setback.
- BC’s LNG Industry Dealt Another Blow as Regulator Forced to Re-Review Gas Pipeline
- Judge rules that NEB must reconsider B.C. natural gas pipeline jurisdiction
- Sawyer v. Transcanada Pipeline, 2017 FCA 159
The Ontario government lost a duty to consult case.
- Ontario court halts quarry project after province failed to properly consult with First Nations | Toronto Star
- SON celebrates court decision
- Saugeen First Nation v Ontario (MNRF), 2017 ONSC 3456
A Saskatchewan pipeline failure has spawned new litigation.
- First Nation sues government over Husky spill; company says leak detection systems didn't fail
- First Nations lawsuit partly blames government inaction for Husky oil spill
The oil and gas industry in northeastern British Columbia is facing another legal challenge.
- Fort Nelson First Nation Files Legal Challenge to Gas Pipeline Claiming It Will Threaten Caribou Habitat
- Fort Nelson First Nation files for judicial review of gas pipeline approval over caribou protection
Interprovincial treaty hunting rights remain unsettled.
Custom adoptions can get complicated.
The Supreme Court will release a major duty to consult decision next week.
Off the Bookshelf
"...all sound arguments cause offence."
Stendhal, The Red and the Black (1830)
One Week Hiatus
I'll be in Atlin, B.C. next weekend for a family wedding and without internet access. My next report will be another double issue on July 30th.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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