Aboriginal Law Report

In the News

The future of energy resource development was discussed at a Vancouver conference.

• National Energy Board faces challenge in regaining public trust, CEO says
• Natural resources minister addresses First Nations Forum on Energy
• Carr promises First Nations collaboration on energy development
• Don Cayo: PM is right to consult on energy, but should stop sending mixed signals

The modern treaty process continues to divide Indigenous people.

• Yale First Nation puts hold on treaty implementation
• Innu within reach of historic land settlement
• Secwepemc ‘women warriors’ stop treaty vote, force RCMP to release detained man
• ‘Non-Aboriginals’ on list of Ontario Algonquins set to vote on treaty deal covering Ottawa
• It's time to 'double down' on modern day treaty making

The federal government is reviewing its position on a technical legal argument it has relied on to deny compensation to residential school survivors. 

• Halt ordered to denying residential-school abuse claims on technicality

The federal government released its draft environmental assessment report for the proposed LNG terminal on the British Columbia northwest coast.

• LNG project could avoid ‘significant’ environmental effects, agency rules
• Federal draft review concludes salmon not adversely affected by leading LNG project
• Draft environmental assessment for Petronas LNG a mixed bag
• Environmental groups slam Pacific NorthWest LNG report on fish habitat

British Columbia First Nation leaders urged the provincial government to temper its adversarial rhetoric.

• First Nations chief to Christy Clark: ‘Dial down the rhetoric’

TransCanada's proposed Energy East pipeline continues to face opposition.

• Energy East pipeline rejected by aboriginal group

The British Columbia provincial government and the Tslihqot'in Nation agreed to a protocol to negotiate agreements affecting Tsilhqot'in Aboriginal title lands.

• Tsilhqot’in nation signs deal with B.C. on path to securing resources: chief
• Tsilhqot’in, B.C. government to hammer out governance
• Nenqay Deni Accord

Opposition continued to the dumping of sewer sludge.

• Protesters ramp up fight against toxic sludge on farmland

The British Columbia provincial government was criticized for bypassing an independent review of the Site C dam. 

• Vaughn Palmer: No chance now for public review of Site C dam

The difference between 'veto' and 'consent' continues to be debated.

• 'Free, prior and informed consent' a fairer way

From the Courts

First Nations filed a lawsuit against the federal government to recover lost oil and gas revenue.

• Poundmaker and Onion Lake Cree Nations file billion dollar lawsuit against Canadian government
• First Nations sue Ottawa for failure to protect oil, gas rights
• Federal delay on reform led to $3-billion lawsuit: aboriginal leaders
• Leader of First Nation suing Ottawa says community’s oil wells depleted
• Poundmaker, Onion Lake Cree Nations file $3-billion lawsuit against Canadian government over oil, gas rights

Another British Columbia First Nation filed an Aboriginal title claim.

• Kwikwetlem First Nation files Supreme Court challenge for traditional lands
• Kwikwetlem First Nation title case aims for fair relationship
• Kwikwetlem First Nation files land claim
• Kwikwetlem Statement of Claim (thanks to my friends at JFK Law for sending this along)

A British Columbia mining company filed a lawsuit against the federal government for its 2014 decision to not approve an open pit mine in Tsilhqot'in territory.

• Taseko files lawsuit against Ottawa over B.C. gold and copper mine decision
• Vancouver's Taseko Mines files civil suit against federal government
• Taseko's Statement of Claim

The Esquimalt First Nation filed a claim to treaty lands in the greater Victoria area.

• Esquimalt First Nation claims land, water

A member of the Tahltan First Nation was found guilty of hunting charges in the Yukon.

• R. v. Thomas, 2015 YKTC 48

Quote of the Week

“Our Premier has described us as ‘rag tag’ and the ‘forces of no,’ but I’m proud to be part of that group,”

Grand Chief Stewart Phillip

"...the struggle of man against power is the struggle of memory against forgetting."

Milan Kundera, The Book of Laughter and Forgetting (1980)

My Two Bits

On holidays with my family--back next week.

Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.

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