April 19-25, 2021

By Bruce McIvor and Cody O'Neil

This week's edition includes cross-border rights, consultation, new court cases, cannabis, treaty rights, inherent rights, land defence and more.

 

IN THE NEWS


UNDRIP, elections and judicial diversity were hot topics across the country

 

 

BC news included Indigenous law, policing and travel restrictions

 

 

Cannabis, consultation and COVID-19 were in the spotlight in Saskatchewan

 

 

Indigenous jurisdiction and Kapyong Barracks returned to Manitoba headlines

 

 

Land defence continues in Haudenosaunee territory

 

 

Treaty rights remain front and centre throughout Mi’kma’ki

 

 

Tax agreements were back in New Brunswick news

 

 

Lastly, the issue of rights holders and representatives came to the fore in PEI

 

 

FROM THE COURTS


The Supreme Court issued its long-awaited decision in the cross-border rights case R. v. Desautel. It was an honour to represent the Indigenous Bar Association on their intervention to protect Indigenous rights for Indigenous people all over Turtle Island regardless of colonizers' borders.

 

 

The BC Court of Appeal weighed in on commercial fishing rights in Nuu‑chah‑nulth territory.

 

 

The BC Supreme Court dismissed a challenge to the extension of Coastal GasLink’s environmental assessment certificate.

 

 

Finally, the Federal Court weighed in on the Treaty Land Entitlement process in Manitoba. Ojibwe, Oji-Cree and Cree summaries of the decision are available here.

 

 

QUOTE OF THE WEEK


"We're not going back to the museum and standing next to the dinosaurs."

- Richard Desautel

 

OFF THE BOOKSHELF


“...borderlands, the ultimate Achilles heel of colonialism and imperialism.”

- Roxanne Dunbar-Ortiz, “Invasion of the Americas and the Making of the Mestizocoyote Nation: Heritage of the Invasion” (1993)
 

First Peoples Law is the author of Annotated Aboriginal Law, 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.
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Your latest news and analysis of Indigenous rights from First Peoples Law.
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.
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. 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, and is a Fulbright Scholar. He is a member of the Manitoba Métis Federation.