Aboriginal Law Report
By Bruce McIvorHere's our update for the week ending October 18, 2015
In the News
Pacific NorthWest says it will proceed with its plans for an LNG terminal on Lelu Island despite Lax Kw’alaams filing an Aboriginal title claim.
The Squamish Nation granted an environmental certificate for the proposed Woodfibre LNG project.
Elsipogtog First Nation told the New Brunswick Commission on fracking that there should be a permanent moratorium.
First Nations continue to raise concerns about the re-negotiation of the Columbia River Treaty.
- Columbia River Treaty Must Address Climate Change and First Nations' Needs
There's hope that a new federal government might return to the negotiation table to settle the outstanding claims of the Six Nations of the Grand River in Ontario
Saskatchewan First Nations are working to educate the public about treaties.
The British Columbia Treaty Commission, still without a Chief Commissioner, identified so-called 'overlaps' as a major obstacle to treaty settlements.
- Vaughn Palmer: Disputes still slow First Nations treaty process
Quote of the Week
The province has been stealing from our territory and culture for 150 years, and this needs to end.
Gitxsan Hereditary Chief Lester Moore.
From the Courts
A Gitxsan hereditary house in northwest British Columbia announced a legal challenge to the TransCanada Prince Rupert Gas Transmission Line based on a failure to consult the Gitxsan houses.
- Gitxsan Nation House Group launches legal challenge to pipeline for Lelu Island terminal
Yukon First Nations have filed a legal challenge to the Yukon Environmental and Socio-Economic Assessment Act.
- Whitehorse Daily Star: First Nations make good on filing lawsuit
Filed Petition (thanks to my friends at Ratcliff for sending this along)
As reported last week, an Aboriginal title claim has been filed for the Ajax mine site in British Columbia.
Splatsin First Nation in British Columbia filed a lawsuit alleging the provincial government is interfering in its jurisdiction over children which it exercises through an Indian Act bylaw.
First Nations await the court's decision on the Enbridge pipeline judicial review.
- Leaders reflect on Enbridge court challenge and reserved decision
The Supreme Court of Canada dismissed Rio Tinto Alcan's application for leave to appeal a British Columbia decision which allows First Nations to sue Alcan in trespass for the effects of a hydro-electric dam.
The Supreme Court also denied leave to appeal a Quebec decision which means the Innu's $900 million class action claim against Rio Tinto will proceed to trial.
The Nunavut of the hamlet of Clyde River are seeking leave to appeal to the Supreme Court the recent Federal Court of Appeal decision on off-shore seismic testing.
The Daniels appeal regarding the Metis and non-status Indians was heard by the Supreme Court of Canada.
The Taku River Tlingit First Nation's lawsuit against the federal government for not protecting its lands in the Yukon subject to treaty negotiations wrapped up.
Off the Bookshelf
"For the reality of identity legislation has not simply been to erase Indians from the political map of North America, it has also had the unforgivable consequence of setting Native against Native, destroying our ability and desire to associate with each other. This has been the true tragedy, the creation of legal categories that have made us our own enemy."
Thomas King, The Truth About Stories: A Native Narrative, (2003)