March 1-7, 2021

By Bruce McIvor and Cody O'Neil

This week's edition includes Treaty rights, Charter rights, injunctions, #LandBack, UNDRIP, access to justice and more.

 

IN THE NEWS


Mi’kmaq continue to defend their Treaty rights in the face of Canada’s latest fisheries announcement. Check out our colleague Angela D’Elia Decembrini’s explainer on the Marshall decision and commercial fishing rights to get informed about this important topic

 

 

Access to justice and systemic racism were front and centre in Quebec

 

 

Consent, land claims and jurisdiction were hot topics in Saskatchewan and Manitoba

 

 

BC news included injunctions, burial sites and #LandBack. In case you missed it, check out our new post on BC’s decision to double down on the Site C dam

 

 

Mining, Treaty rights and UNDRIP returned to Yukon and NWT news

 

 

Policing, water rights and child welfare remain in the national spotlight

 

 

FROM THE COURTS


The Nunavut Court of Justice granted an injunction against Nuluujaat Land Guardians. To learn more about the law of injunctions, check out our colleague Kate Gunn’s primer here.

 

 

The intersection of Indigenous and Charter rights is before the Yukon Court of Appeal. The Court recently ruled on intervenor applications. Check out our colleague Angela D’Elia Decembrini’s case comment on the lower court decision here.

 

 

Cowichan Tribes' Aboriginal title trial is ongoing.

 

 

QUOTE OF THE WEEK


"The imposition of departmental control without consultation with the Mi'kmaq is not a Nation-to-Nation relationship, rather, it is Your-Nation-Over-Our-Nation. This is completely unacceptable."

Letter from 13 Mi’kmaq Chiefs of Nova Scotia

 

 

OFF THE BOOKSHELF


"To exclusively apply the tenets of British Common Law as it existed at the time when British intrusion onto the territory of a sovereign First Nation first occurred, without giving any consideration whatsoever to the value system of the society that the British system had intruded upon, is the ultimate of arrogant White supremacist thinking."

- Daniel N. Paul, We Were Not the Savages (1993)

 

First Peoples Law is the new editor of Annotated Aboriginal Law, 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.
Check out our podcast featuring conversations on the defence of Indigenous rights!
Looking to learn more about Indigenous rights in Canada? Check out our readings lists, including our new multimedia list!
Check out our free e-book Reconciliation on Trial: Wet'suwet'en, Aboriginal Title and the Rule of Law.
Your weekly news update 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.