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)