Aboriginal Law Report
By Bruce McIvorHere's our update for the week ending October 4, 2015.
In the News
The mega legal challenge to Enbridge's proposed Northern Gateway pipeline began in Vancouver.
- First Nations' challenges of Northern Gateway pipeline to be heard in court
- Northern Gateway pipeline opponents get say at mega-hearing
- First Nations take Harper government to court over Northern Gateway - just days from election
- How Harper triggered a First Nations legal war over Northern Gateway
- West Coat Environmental Law Backgrounder
- Pipeline fight puts aboriginal relations at risk
- 'Watershed Moment' for Gitxaala Nation as It Readies Arguments Challenging the Government of Canada on Northern Gateway
- Pipeline battle could set tone for future government, aboriginal relations
- Northern Gateway talks excluded First Nations’ governance rights
First Nations took differing positions on specific pipeline proposals.
While First Nation opposition to TransCanada's proposed Energy East pipeline intensified, the National Energy Board announced its oral history hearing schedule.
The federal government was criticized for its lack of commitment to meaningful reconciliation with Indigenous Peoples.
- Canada headed for conflict unless political class commits to renewed relationship with Indigenous peoples
- What fish have to do with truth and reconciliation
A proposed mine in northern Saskatchewan is raising concerns.
The Fraser Institute lamented the courts' application of the duty to consult and the honour of the Crown to modern treaties.
Finally, I missed this in depth piece on the Tsilhqot'in decison when it was first published.
Quote of the Week
"Don't tell me oil is the answer —no, it's not. It's far from being the answer. It's the problem."
Grand Chief Serge Simon of the Mohawk Council of Kanesatake of Quebec
From the Courts
Prophet River and West Moberly First Nations filed their appeal of the recent Federal Court Site C dam decision.
An Ontario mining company's lawsuit against the provincial government for failing to consult and accommodate First Nations moved closer to trial.
The appeal of the Daniels decision on legislative authority for the Métis and non-status Indians is scheduled to be heard by the Supreme Court on October 8th.
The 30th anniversary of the Supreme Court's Simon decision was celebrated in the Maritimes.
Off the Bookshelf
"...Canada needs to be constructed on a broader base, recognizing Indigenous legal traditions as giving rise to jurisdictional rights and obligations in our land."
John Borrows, Canada's Indigenous Constitution (2010)