Aboriginal Law Report
By Bruce McIvorHere's our update for the week ending September 27, 2015.
In the News
With the modern treaty process shrouded in uncertainty and British Columbia refusing to seriously engage on implementing the Tsilhqot'in decision, First Nations continued to file Aboriginal title lawsuits while resource companies came out in support of consent-based consultation.
- First Nations file Jacko Lake title claim
- LNG exports will impede fishing rights: First Nations
- Another aboriginal-title lawsuit might help fill a yawning gap
- Vaughn Palmer: B.C. and First Nations far apart on aboriginal title
- Resources firms endorse call for aboriginal veto rights to projects
- B.C. hopes to accelerate First Nations treaty negotiations, UBCM told
As the Pope visited Cuba and the United States, the campaign to repeal the Papal Bulls which underpin the Doctrine of Discovery continued.
Opposition to the Energy East pipeline heated up.
- First Nations interrupt Energy East pipeline consultation
- First Nations demand halt to Energy East review over funding cut
There was more reaction to the Prophet River decision regarding the Site C provincial environmental assessment certificate.
- Les Leyne: Site C court decision departs from trend
- Peace valley central to Treaty 8 rights, chief says
Former Xeni Gwet’in First Nation Chief Marilyn Baptiste discussed the successful opposition to the proposed Prosperity Mine in Tsilhqot'in territory.
Grassy Narrows First Nation's Charter challenge to clear cutting was again in the news.
The federal government decided not to appeal the recent Long Plain decision.
Quote of the Week
"You don't want to give people the truth in an enema."
Buffy Sainte-Marie urging activists to keep their speeches short and interesting.
From the Courts
As expected, Lax Kw'alaams filed their statement of claim for Aboriginal title to protect the site of Petronas' proposed LNG terminal.
The Yukon Supreme Court suspended its decision on the interpretation of the Rupert's Land and North-Western Territory Order, 1870 until after the trial in a companion case based on the Manitoba Métis Federation decision.
- Ross River Dene Council v. Canada, 2015 YKSC 33
Off the Bookshelf
"What passes for Canadian legal doctrine is a racist doctrine that holds at its core the notion that Indians either do not exist as human beings or that they are too primitive, uncivilized and savage to have formed political communities capable of asserting sovereign rights over the territories they occupied."
Harold Cardinal, The Unjust Society (1999; first published 1969 )