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

Aboriginal Law Report

November 1, 2015

By Bruce McIvor

Here's our update for the week ending November 1, 2015

In the News

Transcanada has proposed an alternative route for a section of its pipeline in northwest British Columbia while the Alberta and New Brunswick governments are seeking to rebrand the Energy East pipeline project.

The ongoing struggle for recognition of Indigenous passports was in the news.

A new report details the shortcomings of environmental assessments in providing a meaningful process for consultation with Indigenous Peoples.

Guarded optimism surrounds the Liberal government's campaign promises to First Nations. 

The new LIberal federal government is expected to repeal controversial amendments to the Yukon Environmental and Socio-economic Assessment Act.

Legislation has been tabled in the Yukon to allow First Nation settlement lands to be registered in the land titles office.

A new report claims that modern treaties have been a good thing for First Nations and the mining industry.

The Heiltsuk First Nation has issued a declaration of Aboriginal Title and Rights.

Algonquin First Nations are organizing to protect a sacred waterfall area on the Ottawa River

A dispute about wild rice on a lake in Ontario has not yet been resolved.

A retired Manitoba judge says its time to get rid of the Indian Act.

From the Courts

With the court having issued a stay of proceedings in the Cold Lake case, the future of the First Nations Financial Transparency Act is in question.

The Tsleil-Waututh Nation is seeking a court order to halt the National Energy Board's review of Kinder Morgan's Trans Mountain pipeline while the new Liberal government is expected to change the NEB's process and mandate.

The Supreme Court granted leave to appeal in the Musqueam tax bylaw case but dismissed the leave to appeal application in the Mohawks of the Bay of Quinte federal funding case.

In the Maritimes concerns are being raised following the Supreme Court's refusal to hear an appeal of the Simon funding decision. 

The Maliseet Grand Council has filed a legal challenge to the expansion of snowmobile trails in a provincial park.

An Ontario mining company's lawsuit against the provincial government based on the province's alleged failure to fulfil the duty to consult is close to wrapping up.

Quote of the Week

“We’re a small community of under 500 people, and we’re standing up to a company that has 140 billion dollars. We’re standing up to them...it’s a David and Goliath battle."

Rueben George, Tsleil-Waututh Nation

Off the Bookshelf

"there can be no justice in canada without some adequate recognition of the calls of its first nations. remaining buried in the history of canada, the injustices upon which the nation is historically and philosophically founded have returned like some freudian repressed moment...."

Peter Kulchyski, Aboriginal Rights Are Not Human Rights: In Defence of Indigenous Struggles (2013)

 

Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.

For more First Peoples Law comments see our publications page

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Comments
Robin McLeod(2 years ago)
When title to water becomes an issues with many of the aboriginal titles cases, I would suggest you reference a study called uski puko land alone which can be found at the university of Saskatchewan in the government files section

Bruce McIvor(2 years ago)
Thx, Robin. Title to lakes and rivers is a major issue across Canada. Not a lot about it in court decisions yet, but it's just a matter of time.

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