October 25 - 31, 2023

By Bruce McIvor and Carlie Kane

This week’s edition includes child welfare, Indigenous law, fishing rights, repatriation and more.

 

IN THE NEWS


National news included land stewardship, language revitalization, Métis rights and a monumental child welfare settlement 

 

Kwanlin Dun First Nation reacts to UN report on climate funding | CBC News

Federal Court approves $23B First Nations child-welfare settlement | APTN News

Compensation lauded, but much work left to fix First Nations child services: AMC chief | Winnipeg Sun

Government has to 'keep focused' and stop discriminating against First Nations kids says Blackstock | APTN News

To sustain hope for Indigenous language revitalization funding must change | Windspeaker

 

Representation, Wolastoqey's title claim, fishing rights and Indigenous law were front and centre on the east coast

 

Halifax takes first steps to designate seat on council for Mi'kmaq representation | Yahoo Sports

Attorney general to Wolastoqey: 'Leave private landholders alone' | Penticton Herald

The legal Atlantic fishery that still sparks violence | The Narwhal

Revitalizing Indigenous law will better communities: prof | Penticton Herald

 

Ontario news featured repatriation, land defence and stewardship

 

Historic human bones found in landfill to be repatriated to First Nation | RCI

Algonquin chief accuses regulator of bias on proposed nuclear waste site near Ottawa River | CBC News

Thousands protest, demanding Ontario government stop mining on First Nations' lands | The Varsity

A squeaky wheel with data: how Nipissing First Nation is healing environmental damage | The Narwhal

 

Urban reserves and the landfill search returned to Manitoba news

 

First Nations advocates for landfill search look forward to meeting with Manitoba's new premier | CBC News

Kapyong redevelopment could begin before end of year, says Treaty One | Penticton Herald

 

BC news included forestry, food sovereignty and duty to consult

 

4 B.C. First Nations, forest company strike 'landmark' $36M deal | Trail Times

In a hotter world, Indigenous food sovereignty is key to resilient farms, gardens and communities | The Narwhal

First Nations petitioning to stop Canfor logging | The Peterborough Examiner

North Coast First Nation appeals Supreme Court decision on mining permits | Vernon Morning Star

 

FROM THE COURTS


The Ontario Superior Court of Justice weighed in on consultation and environmental assessments.

Moonias et al v Ministry of Northern Development, Mines, Natural Resources and Forestry et al, 2023 ONSC 5942

Ontario court dismisses Neskantaga consultation case | Northern Ontario Business

 

QUOTE OF THE WEEK


This approval does represent to all Canadians that the federal government and the federal court acknowledge the suffering endured by First Nations, and that is part of Canada's colonial and racist legacy.

Grand Chief Cathy Merrick, Assembly of Manitoba Chiefs

 

OFF THE BOOKSHELF


While oral tradition has been recognized in the U.S. and Canadian courts as a means of bringing in "the Indian view" of history, it rarely travels alone. It is a primary form of preservation of the law, but far from the only one. It is supplemented by writing, by scholars, by physical evidence, by wampum. All these flesh out the law, and make it more easily accepted and understood by the newcomer nations' courts.

- Kayanesenh Paul Williams, Kayanerenkó:wa: The Great Law of Peace (2018) 

 

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 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.