Aboriginal Law Report
By Bruce McIvorOur update for the week ending November 22, 2015.
In the News
Indigenous opposition to the proposed Energy East pipeline continued to intensify and now includes a proposal for a Canada-wide Indigenous treaty against tar sands expansion.
- Kanesatake seeks to solidify Indigenous Treaty against Energy East with sacred items
- Kanesatake grand chief hopes to build opposition, raise cash for pipeline fight
- Draft Treaty Against Tar Sands Expansion
The federal government's plan to impose a ban on crude oil tankers on British Columbia's north coast is causing industry consternation and reviving alternative proposals.
- Oilpatch dismayed by Liberal move to ban crude oil tankers in northern B.C.
- Pipeline not dead yet
- Killing Northern Gateway comes with a steep cost
- A tanker ban is the hard way to deal with Northern Gateway
While the debate over an LNG terminal on the British Columbia north coast continues, Tsawwassen First Nation proposed building a terminal near Vancouver.
- LNG terminal ‘not likely’ to harm Flora Bank
- Wait for assessment, B.C. deputy premier tells LNG terminal critics
- B.C. First Nation to vote on building LNG terminal near Vancouver
While First Nations and the Metis in northern Alberta met with the provincial government to discuss consultation and environmental review processes, the benefits of working with First Nations was emphasized.
- Indigenous communities to meet with Alberta over oil sands consultations
- Opinion: Working with First Nations brings benefits
The new federal Justice Minister will reconsider the exclusion of Newfoundland and Labrador from the residential school settlement agreement.
In Manitoba, a group of First Nations and the provincial government are working on better processes to involve First Nations in the mining industry including revenue sharing.
Indigenous lawyer Linda Thomas received an award for her work on access to justice for Indigenous people.
Despite the Ontario Municipal Board's appeal decision, opposition continues to grow against a plan to redevelop Chaudiere Falls on the Ottawa River.
- OMB dismisses appeals against Zibi development
- Development on Ottawa River draws divide in indigenous communities
- Collection of Algonquin Voices Opposed to the Development
The 50th anniversary of the "Kenora Indian March" was commemorated.
From the Courts
Treaty 8 First Nations were back in court challenging government approvals for the Site C dam in northern British Columbia while the provincial NDP raised the possibility of cancelling the project.
- Court challenge over Site C permits begins
- Site C opponents keeping an eye on dam's construction from new observation shack
- Summary of Legal Challenges to Site C Dam
- Why First Nations are fighting Site C in court
- First Nations release open letter decrying proposed Site C Dam
- Indigenous leaders protest Site C dam
- B.C. NDP energy plan leaves door open to cancelling Site C hydro project
- Opposed to Site C, NDP Has a Plan B
- Vaughn Palmer: Horgan offers a glimpse of NDP energy policy
- New environment minister mum on Site C
- First Nations pours cold water over government's Site C dam hunting offer
A right-wing 'think tank' bemoaned the possible consequences of the Sai'kuz decision from the British Columbia Court of Appeal.
- Economic Development in Jeopardy?
- Implications of the Saik’uz First Nation and
Stellat’en First Nation v. Rio Tinto Decision
- Court decision allows aboriginal title claims to be laid against private parties
- Editorial: Nechako court decision bad for business
Quote of the Week
Off the Bookshelf
"...claims litigation is an ongoing exercise that filters Aboriginal pasts through multiple sets of academic and legal models, or lenses, to affirm or deny Aboriginal and tribal rights."
Arthur J. Ray, Telling it to the Judge: Taking Native History to Court (2011)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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