Aboriginal Law Report

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.

• Trudeau says he will ask Pope to apologize for residential schools

Tsawwassen First Nation voted against proceeding with a proposal for a LNG terminal near Vancouver.

• B.C. First Nation votes down planned LNG plant over environmental concerns

The proposed development at Chaudiere Falls on the Ottawa River continues to face opposition.

• First Nations activists ask politicians to block Zibi project in spirit of reconciliation

The Northwest Territories announced it will make another offer to the Dehcho First Nations to settle their outstanding land claim.

• New Dehcho land offer will come within 90 days, says N.W.T. premier

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.

• Mi'kmaw Cape Breton moose harvest ends in success despite protest - APTN National News

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.

• ‘Transition phase’ for pipeline review overhaul coming early in 2016: Carr

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.

• Aboriginal title isn’t about compassion — it’s about law

Ontario announced a new mineral exploration policy.

• Mineral exploration gets a boost with provincial strategy

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.

• Canada Revenue Agency seeks back taxes from aboriginal employees

The debate over constitutionalizing Indigenous rights in Australia raised comparisons with Canada.

• How an Indigenous treaty would build a better foundation for Australia 

From the Courts

Justice Slade was reappointed as Chairperson of the Specific Claims Tribunal.

• Specific Claims Tribunal Re-Appointment Announced

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.

• Canada pauses legal fight to launch N.W.T. land and water superboard

Quote of the Week

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.

Follow us on   @firstpeopleslaw