Oct 5-11, 2020

By Bruce McIvor and Cody O'Neil

This week's edition includes injunctions, Aboriginal title, the duty to consult, Treaty rights, Charter rights, land defence, jury diversity and more.

 

IN THE NEWS


Check out this explainer on the Marshall decision and Mi'kmaq commercial fishing rights by my colleague Angela D'Elia Decembrini

 

 

Also on the east coast, an Aboriginal title claim is underway in Wolastoqey territory

 

 

Hydro development is at the centre of a new lawsuit in Innu territory

 

 

Calls for a moose hunting moratorium continue in Algonquin territory 

 

 

Six Nations solidarity demonstrations took place across the country

 

 

Missanabie Cree First Nation reached a settlement of its longstanding land claim

 

 

A marine conservation area is in the works in Mushkegowuk territory 

 

 

Indigenous child welfare and COVID-19 were front and centre in Manitoba

 

 

Moose, salmon and the duty to consult returned to BC headlines

 

 

Yellowknives Dene First Nation was defending its rights in the NWT

 

 

Lastly, jury diversity and peremptory challenges were in the national spotlight

 

 

FROM THE COURTS


First Peoples Law is honoured to have intervened on behalf of the Indigenous Bar Association in the Desautel hearing at the Supreme Court of Canada this week. View the archived webcast here.

 

 

 

The Ontario Court of Justice weighed in on Charter rights and intermittent sentences in Pikangikum First Nation

 

 

Here are two new decisions regarding sentencing principles and Gladue reports

 

 

The Federal Court quashed a Chief and Council decision regarding an election appeals tribunal 

 

 

QUOTE OF THE WEEK


“With the added context of reconciliation, this development must be seen as being yet another instance in an ongoing history of colonial land theft and genocide, that it is people from Six Nations who are facing the greater harm if this matter is decided against their interests.”

- Skyler Williams, 1492 Land Back Lane

 

OFF THE BOOKSHELF


“My story may be rooted in trauma but it is not my only story.”

- Elaine Alec, Calling My Spirit Back (2020)

First Peoples Law 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.
On October 21, I'll be presenting a webinar on "Environmental Justice, Racism and Northern Ontario" with Councillor Mary Laronde, Teme-Augama Anishinabai.
On October 28th, I'll be presenting on the duty to consult and UNDRIP at the PBLI's conference on recent developments in Aboriginal and Indigenous law.
Check out our latest podcast episode "Reclaiming the Law: Indigenous Law Students in Conversation."
In case you missed it, meet the recipient of our 2020 Indigenous Law Student Scholarship.
Looking to learn more about Indigenous rights in Canada?
Your weekly news update from First Peoples Law.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. 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. Bruce is a proud Métis from the Red River in Manitoba. He holds a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar. 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.