Aboriginal Law Report
By Bruce McIvorOur update for the week ending January 3, 2016.
In the News
An Ottawa paper published excerpts of the Truth and Reconciliation Commission.
- Government, church, school officials well aware of failure to protect student health, safety: TRC report
- No single route or experience for Métis children into residential schools: TRC report
- Aboriginal policy to assimilate, civilize, Christianize, not applied in uniform manner: TRC report
- 'I didn’t get to say goodbye to my dad or my brother Allan, didn’t get to pet my dogs or nothing,' says Indian residential school survivor
- Reconciliation means establishing, maintaining mutually respectful relationship between aboriginal and non-aboriginal peoples: TRC final report
The painful legacy of Canada's '60s Scoop was in the news.
While the possibility of a legal challenge to Kinder Morgan's Trans Mountain Pipeline was raised, hearings for another TransCanada pipeline were scheduled.
- First Nations to use courts in pipeline fight
- First Nations opposed to Trans Mountain Pipeline set to give final arguments
- NEB hearings on Towerbirch pipeline to begin in spring
A referendum will be held in May to decide whether Nunavut municipalities will be allowed to sell lands in fee simple.
- Nunavut residents concerned about referendum, which may put lands up for sale
- Nunavut calls May referendum on sale of land in the territory
The provincial New Democrat Party's withdraw of support for revenue sharing with First Nations raised a debate in Saskatchewan.
- Sask. NDP no longer promising First Nations revenue sharing
- Saskatchewan NDP Divided Over Royalty Revenue Sharing
- Sask. NDP criticized on social media for First Nations revenue sharing decision
- NDP decision to drop First Nations revenue sharing promise draws criticism
A major Canadian forestry company bemoaned the impact of the Forest Stewardship Council standards.
From the Courts
The Treaty 8 boundary trial is scheduled to continue through 2016.
Lawyers continued to consider the possible effects of the Saik'uz and Uashaunnaut decisions.
Off the Bookshelf
The Doctrine of Discovery "confirmed the superior rights of a European-derived nation to the lands occupied by 'infidels, heathens, and savages,' encouraged further efforts by white society to acquire the Indians' 'waste' lands, and vested authority in a centralized sovereign to regulate the Indians' dispossession according to national interest, security, and sometimes even honor."
Robert A. Williams, Jr. The American Indian in Western Legal Thought: The Discourses of Conquest (1990)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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