Sept 27 - Oct 11, 2023

By Bruce McIvor and Carlie Kane

This week’s edition includes specific claims, safe drinking water, salmon, stewardship and more.

 

IN THE NEWS


Resource stewardship, specific claims and land rights were front and centre in BC  

 

 123 First Nations renew call to close B.C. salmon farms as DFO weakens promise | Vernon Morning Star 

ʔAkisq̓nuk First Nation on Elkhorn Ranch Specific Claim | Penticton Harold 

Cities in northeast B.C. embrace 'urban reserve' partnerships with First Nations | CBC News 

B.C. court rejects challenge to huge Squamish Nation housing project in Vancouver | Lethbridge News Now 

First Nation cries foul over Columbia River Treaty funding given to other Indigenous groups | Vernon Morning Star 

 

Environmental rights returned to Alberta news

 

Chief tells AER to 'lawyer up' as report finds rules followed in Kearl leaks | Fort McMurray Today 

 

Saskatchewan headlines included safe drinking water and consultation

 

Sask. First Nations among many in Canada continuing to fight for safe drinking water | Northeast Now

Saskatchewan's revised policy for consulting Indigenous nations is not nearly good enough | Alaska Highway News

 

A historic election, MMIWG2S+ and jurisdiction topped Manitoba news

 

'Gratifying': Indigenous leaders reflect on Wab Kinew's historic election win in Manitoba | APTN News  

Kinew pledges to search landfill, but says federal role wasn't part of conversation with Trudeau | CTV News

Indigenous communities say they'll enforce their jurisdiction over child welfare no matter Supreme Court decides  | APTN News 


Ontario headlines featured the Ring of Fire

 

Several First Nations from Ring of Fire region demand meeting with Premier Doug Ford | Winnipeg Free Press

 

Policing was in the spotlight in Quebec 

 

Supreme Court will hear Quebec's challenge to ruling on Indigenous police funding | Alaska Highway News

 

New Brunswick news included nuclear power and centralization

 

Indigenous groups slam "centralization" of relationship with N.B. government - New Brunswick | Global News

More Indigenous communities in New Brunswick signal they're willing to sign on to nuclear | Saltwire

 

UNDRIP topped headlines in the Northwest Territories

 

NWT passes bill to implement UN Declaration | Cabin Radio

 

In case you missed it, check out Bruce McIvor's recent essay on Aboriginal rights and his interview on The Goose about land back. 

 

Aboriginal Rights as a Tool of Colonialism | Bruce McIvor | First Peoples Law LLP

Bruce McIvor on Land Back in Canada | The Goose

 

 

CASES TO WATCH


Tune in live to watch the Supreme Court of Canada hearing of Jim Shot Both Sides, et al. v. His Majesty the King on October 12, 2023 at 9:30am ET here.

Check out Kate Gunn and Tyler Swan's overview of this important litigation and its implications for treaty rights across the country.

 

In Brief: Jim Shot Both Sides, et al. v. His Majesty the King | Kate Gunn and Tyler Swan | First Peoples Law LLP

 

FROM THE COURTS


The BC Supreme Court weighed in on mineral claims and the duty to consult

 

Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII)

Court rules B.C.'s mining claims system does not comply with duty to consult Indigenous groups | CBC News 

Mineral claims require First Nations consultation: B.C. Supreme Court | The Narwhal

 

QUOTE OF THE WEEK


 

The federal government didn’t give us anything, they didn’t allow us anything, what we’ve done through our own self-determination and our inherent rights, we’ve created this law.

- Earl Stevenson, Peguis First Nation

 

OFF THE BOOKSHELF


 

Truth is a seed
planted deep
If you want to get it
you have to dig.

― Katherena Vermette, River Woman (2013)

 

First Peoples Law is pleased to announce the 2023 winner, finalist and honourable mentions of our Indigenous Law Student Scholarship. This year's $10,000 and $2,000 scholarships were awarded to Raven Richards and Sophia Sidarous, respectively. Congratulations to the honourable mentions Jaxxen Wiley, Mahève Rondeau and Tyler Ermineskin. Thank you to everyone who took the time to apply. We're looking forward to carrying it on next year.
First Peoples Law is seeking additions to our growing team dedicated to defending and advancing the rights of Indigenous Peoples in Canada.
First Peoples Law's Kate Gunn is co-chairing the Pacific Business & Law Institute's virtual Indigenous Rights Beyond Borders program on October 19, 2023. Kate will be presenting on the implications of the Blueberry River decision while Bruce McIvor will be discussing key challenges and opportunities on multi-jurisdictional projects. Use the code KATE15 to receive 15% off your registration fee.
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.