Aboriginal Law Report

In the News

The new Liberal federal government appointed two Indigenous people to Cabinet, including the first Indigenous Minister of Justice and Attorney General.

• Full docket for Canada’s first aboriginal Justice Minister
• Jody Wilson-Raybould: From the trenches to front benches
• Wilson-Raybould ‘an inspirational choice’ for justice post
• A distinguished prosecutor and First Nations leader, Canada's Justice Minister is something new

With the new Liberal government sworn in, the clock has started to tick on its promises to Indigenous Peoples.

• Will we see real nation-to-nation respect with Trudeau?
• Cuthand: Promising times for federal-aboriginal relations
• Can Trudeau deliver on his First Nations promises?

While President Obama rejected the Keystone XL pipeline, other proposed pipelines (and a railway) as well the effects of the tar sands continued to make the news.

• A look at the status of other pipeline projects in Canada
• NEB rules will stifle Aboriginals' opinions during pipeline consultation
• In fighting Line 9, the Chippewas of the Thames First Nation are working to change everything
• Blueberry River signs pipeline agreement
• A nation-building project for the new government
• How the University of Calgary's Enbridge relationship became controversial
• As Keystone’s sun sets, another rises from Energy East
• Where Oil and Water Mix

Regional Chief Shane Gottfriedson applauded the Squamish Nation for conducting its own environmental assessment of the proposed Woodfibre LNG export facility while Jeffrey Simpson bemoaned the lack of 'certainty' due to the Tsilhqot'in decision.

• Opinion: Time for change for B.C.’s First Nations
• Despite top court ruling, native land claims still a thorny issue

The former Conservative government's First Nations Financial Transparency Act continues to draw criticism.

• The myth of the First Nations Financial Transparency Act

Professor Roxanne Dunbar-Ortiz was in Vancouver to promote her new book An Indigenous Peoples' History of the United States and discuss genocide.

• Renowned activist examines impacts of settler-colonialism

The debate over the United States' acquisition of Hawaii echoes similar criticisms of Canada's occupation of Indigenous lands.

• Aloha to the US: Is Hawai'i an occupied nation?

From the Courts

The Court of Appeal held that Yukon breached its constitutional obligations to First Nations in pushing through the Peel River watershed land use plan, but opened the door for the government to revive the plan through further consultation. 

• Court sends Peel watershed planning back to the drawing board
• Yukon First Nations still short on clarity for Peel watershed
• Whitehorse Daily Star: Parties consider options after court ruling
• Next steps in Peel watershed land use planning decidedly murky
• First Nation of Nacho Nyak Dun v. Yukon, 2015 YKCA 18

The Specific Claims Tribunal ruled that Canada breached its fiduciary duty to two First Nations in northern British Columbia when it acquired replacement reserve lands for them without the subsurface rights.

• Ottawa whacked by tribunal over historical BC First Nations case on Trudeau’s first full day in power
• Doig River First Nation v. Canada, 2015 SCTC 6

The Federal Court dismissed an application to certify a class action law suit based on the federal government`s failure to index to inflation annuity payments under the numbered treaties.

• Horseman v. Canada, 2015 FC 1149

Quote of the Week

“The question of genocide is never far from discussions of settler-colonialism. Land is life, or at least land is necessary for life.”

Professor Roxanne Dunbar-Ortiz

Off the Bookshelf

"The frustrating problem for Aboriginal peoples is that their interpretations of history have not been recognized as legitimate."

Dale Turner, This Is Not a Peace Pipe: Towards a Critical Indigenous Philosophy (2006)

Post Script

We still have a few books left to giveaway--check out our offer.

Also, we are looking for photographs for our next edition--check out our photo competition.

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

Follow us on   @firstpeopleslaw