Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending January 31, 2016.
In the News
The Canadian Human Rights Tribunal ruled that the federal government discriminates against First Nation people in the provision of child welfare on reserves.
- Ottawa discriminated against aboriginal children by underfunding services, tribunal to rule
- Aboriginal child welfare ruling 'something to celebrate'
- Tribunal decision a legal and moral victory for First Nations children
- Ottawa to overhaul welfare provisions on First Nations reserves
- Scared and Spied On Under Harper, Why Child Advocate Didn't Give Up
- Doug Cuthand: Ottawa faces big job with providing equitable funding
While opposition continues against the Site C dam, the impact on Indigenous people of the WAC Bennett Dam on the Peace River has still not been resolved.
- Opinion: Site C: Too risky to rely on one river system for B.C.’s hydro needs
- Dam opponents have final shot at stopping project this spring
- Site C campers want meeting with Trudeau
- Tsay Keh Dene seeks lands to replace reserves flooded by Williston Reservoir
The federal government announced interim measures to address ongoing National Energy Board pipeline reviews.
- Liberals to announce new transition rules for assessing pipelines
- First Nations groups slam Liberal reforms to pipeline reviews
- Ottawa to mandate climate tests for proposed pipelines, LNG terminal
- Chiefs from B.C., Manitoba and Quebec reject Liberal pipeline reforms
- If Canada wants pipelines built, five hard truths are in order
The Premier of British Columbia lashed out at opponents of proposed liquified natural gas developments.
- Clark battles B.C.'s 'forces of No,' on LNG, trade deal; says she's no quitter
- B.C. premier strikes back at the 'forces of no'
The Kaska Dene signed a land-management plan with the Yukon.
- First Nations sign resource-development deal with Yukon
- 15 year legal feud ends with 'milestone' deal between Yukon government and Kaska Nation
Indigenous people were successful in having a provincial court judge order the return of the remains of a grizzly bear illegally killed by a professional hockey player.
- NHL’s Clayton Stoner barred from hunting, fined for illegal participation in B.C.’s grizzly bear hunt
- Repatriation of the Remains of Cheeky the Grizzly Bear (thanks to Ng Ariss Fong for sending this along)
From the Courts
Here's the Canadian Human Rights Tribunal decision on child welfare:
- First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2
The Yukon Supreme Court held the federal government has not honourably negotiated the Taku River Tlingit Yukon Transboundary Claim.
As the Nuu-chah-nulth Fisheries justification trial surpassed 100 court days, the federal government was urged to amend its legal position.
The Supreme Court has been asked to hear the proposed Clyde River and Chippewas of the Thames River appeals together.
Quote of the Week
"“A whole generation of children has grown up under this discrimination...."
Dr. Cindy Blackstock
"Too often Indian policy continued to be administered by people who had low regard for Indians and their potential, and to whom it would never have occurred either to undertake serious self-examination of policy failures or to consult with the victims of those policies about how improvement might be effected."
D.J. Hall, From Treaties to Reserves: The Federal Government and Native Peoples in Territorial Alberta, 1870-1905 (2015)
My Two Bits
Veto vs consent (audio file)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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