Aug 24-30, 2020

By Bruce McIvor 

This week's edition includes injunctions, the duty to consult, cumulative effects, Charter rights, Treaty rights, Indigenous law and more.

 

IN THE NEWS


Indigenous and Charter rights were in the spotlight in Wet’suwet’en territory 

 

 

Consultation, cumulative effects and Treaty rights are at the centre of a new lawsuit in Alberta

 

 

The duty to consult and Indigenous protected areas are hot topics in Manitoba

 

 

In Ontario, Bill 197 continues to raise serious concerns

 

 

Injunctions and Indigenous law were front and centre in Haudenosaunee territory

 

 

Treaty rights and the Marshall decisions were back in Nova Scotia news

 

 

Caribou returned to headlines in the Yukon and Northwest Territories

 

 

Lastly, COVID-19 back to school funding drew criticism across the country

 

 

FROM THE COURTS


The Ontario Superior Court issued two injunctions in Haudenosaunee territory. For an overview of injunctions as a tool of colonialism, check out my colleague Kate Gunn’s primer here.

 

 

The Saskatchewan Court of Appeal weighed in on a First Nations Financial Transparency Act compliance order.

 

 

The Manitoba Court of Queen's Bench granted an injunction to First Nations regarding flood channel construction.

 

 

QUOTE OF THE WEEK


“Our sovereignty is inherent while Canada’s perceived authority is a product of violent colonialism and genocide.”

- Statement From Concerned Haudenosaunee Women Regarding Injunctions at 1492 Land Back Lane

 

OFF THE BOOKSHELF


“Live in contact with dreams and you will get something of their charm; live in contact with facts and you will get something of their brutality. I wish I could find a country to live in where the facts were not brutal and the dreams not unreal.”

- George Bernard Shaw, John Bull’s Other Island (1904)

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.
KITCHEN TABLE CHATS
First Peoples Law is hosting a series of “Kitchen Table Chats” for Indigenous people to share information and develop strategies to defend their title and rights and uphold their laws and governance. If you’d like to register for our session next month on governance and the applicability of the Charter, please email us at kitchentablechat@firstpeopleslaw.com with your contact information, position and the name of your organization/community.
In case you missed it, check out my colleague Angela D'Elia Decembrini's post on Indigenous Food Sovereignty and COVID-19.
Check out our new podcast on the defence of Indigenous rights!
Check out our new e-book - Reconciliation on Trial: Wet'suwet'en, Aboriginal Title and the Rule of Law.
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.