Aboriginal Law Report
By Bruce McIvorOur update for the week ending December 20, 2015.
In the News
The Truth and Reconciliation Commission released its final report.
- Truth and Reconciliation head calls for action as final report released
- Truth and reconciliation: Will this time be any different?
- Doug Cuthand: Time to reconcile Canada's past with our future
- Mandryk: Truth and Reconciliation Commission report must not be forgotten
Acting on a Truth and Reconciliation Commission recommendation, the federal government will ask the Pope to apologize for abuse committed at Indian Residential Schools.
Tsawwassen First Nation voted against proceeding with a proposal for a LNG terminal near Vancouver.
The proposed development at Chaudiere Falls on the Ottawa River continues to face opposition.
The Northwest Territories announced it will make another offer to the Dehcho First Nations to settle their outstanding land claim.
Canada, Manitoba and Winnipeg announced funding to build Freedom Road to Shoal Lake #40 First Nation.
- Long-delayed road to cut-off Shoal Lake First Nation to get go-ahead
- Shoal Lake 40 First Nation's Freedom Road a path to reconciliation: Chief
- Governments finalize agreement to build road to Shoal Lake 40
- Three levels of government announce funding for Shoal Lake 40 'Freedom Road'
Despite protests from non-Indigenous people, Mi'kmaw in Nova Scotia completed their moose harvest.
Protests against the Site C dam in northern British Columbia continue.
- First Nations chief tracks down cabinet ministers to protest Site C dam
- Site C protesters set up camp in historic fur trade fort
The proponent for one of the proposed pipelines to the west coast was criticized for its position on Aboriginal Title and Rights.
- Kinder Morgan’s fairy tales on climate change and Indigenous rights
The federal government is expected to announce changes to the pipeline review process.
While the new federal government reiterated its commitment to a new relationship with Indigenous People, Canadians were reminded that Aboriginal title and rights are a legal reality.
Ontario announced a new mineral exploration policy.
The federal government continues to hound former Native Leasing employees for back taxes based on an ongoing disagreement over the s. 87 Indian Act exemption.
The debate over constitutionalizing Indigenous rights in Australia raised comparisons with Canada.
From the Courts
Justice Slade was reappointed as Chairperson of the Specific Claims Tribunal.
The federal government announced it would stop enforcing the First Nations Financial Transparency Act and would reinstate funding withheld from First Nations.
- Statement by the Honourable Carolyn Bennett on the First Nations Financial Transparency Act
- Ottawa lifts sanctions on First Nations that didn’t disclose finances
Yukon First Nations announced they will seek leave to appeal the Peel River duty to consult decision (The First Nation of Nacho Nyak Dun v. Yukon, 2015 YKCA 18) to the Supreme Court of Canada.
- Whitehorse Daily Star: Integrity of land claims agreement at stake: chiefs
- First Nations, environmental groups want to take Peel dispute to Supreme Court
The federal government has put into abeyance its appeal of Tłı̨chǫ Government v. Canada (Attorney General), 2015 NWTSC 9.
Quote of the Week
"Our stories are not local…It's a Canadian story,"
Chief Erwin Redsky, Shoal Lake #40 First Nation
Off the Bookshelf
"If you're a human being, you can't get away from obligations."
Thomas Berger, Little Big Man (1964)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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