First Peoples Law is dedicated to defending and advancing Indigenous peoples' Aboriginal title, rights and Treaty rights.

Aboriginal Law Report

September 20, 2015

By Bruce McIvor

Here's our update for the week ending September 20, 2015.

In the News

The B.C -- First Nations Proposed Commitment document for discussing next steps based on Tsilhqot'in was made public as was the background to B.C.'s reluctance to endorse First Nation principles for implementing Tsilhqot'in.

The Tsilhqot'in National Government called on a mining company to stop exploration work in an area near its Aboriginal title lands while a local non-Indigenous trapper complained that government had failed to address the status of his trap line within Tsilhqot'in Aboriginal title lands.

An enthnobotanist who testified as part of the Tsilhqot'in trial is doing further research on the connection between Indigenous plant use, Indigenous laws and Aboriginal title.

Opposition to Petronas' proposed LNG terminal near Prince Rupert, B.C. intensified and has apparently triggered another Aboriginal title claim (see below).

With new B.C. legislation regarding water scheduled to take effect soon, the issue of Aboriginal water rights was in the news.

The First Nations Fiscal Management Act was touted as the basis for community economic development.

The B.C. Environmental Appeal Board's decision to cancel a fracking company's water licences in Treaty 8 continued to make the news.

Members of the Kettle and Stony Point First Nation accepted a settlement agreement involving the former Camp Ipperwash lands in southern Ontario.

Quote of the week goes to trapper Fritz Dieck commenting on the uncertainty surrounding his government-issued trap line within Tsilhqot'in Aboriginal title lands: "They gave away something they don’t own."

From the Courts

Lax Kw'alaams First Nation announced it's going to file an Aboriginal title claim to protect the site of Petronas' proposed LNG terminal.

Prophet River and West Moberly First Nations were unsuccessful in their judicial review of the provincial environmental assessment certificate for the Site C dam on the Peace River in Treaty 8.

Asubpeeschoseewagong (Grassy Narrows First Nation) launched a lawsuit based on the Charter of Rights to protect its members and lands from environmental harms due to clear cutting.

The Stoney Nakoda Nation's lawsuit against Canada based on the surrender of lands for hydroelectric dams on the Bow River west of Calgary was thrown out as abuse of process.

Off the Bookshelf

"The truth is that practically the only thing the white men ever gave the Indian was disease and poverty."

Vine Deloria, Jr. Custer Died For Your Sins: An Indian Manifesto (1969)

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