Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending March 6, 2016.
In the News
Opposition to the Algonquins of Ontario land claim continues to grow.
- Iroquois Caucus Opposes Modern Treaty sought by Algonquins of Ontario
- Chiefs say proposed Algonquin land claim deal illegal, fraudulent
- Algonquins one step closer to Ontario’s first modern treaty
- Kahnawake opposed to ‘modern treaty’ between Ottawa and Algonquins
Prime Minister Trudeau and Indigenous leaders met in Vancouver to discuss climate change.
- Opinion: Indigenous Peoples must be partners in Canada’s climate discussions
- ‘Canada failed terribly, the provinces failed terribly,’ Chiefs disappointed after climate talks with PM, Premiers
- Panels push for walking the talk on sustainability at Globe
Secwepemc First Nations are pressing the federal government for an independent environmental review panel for the proposed Ajax mine.
As Indigenous and non-Indigenous people continued to raise concerns about the dumping of sewage sludge on Indigenous lands, the British Columbia government touted new environmental protections.
First Nations on Vancouver Island voiced their opposition to a proposed LNG terminal while more concerns were raised about the proposed Energy East pipeline, including its lobbying activities.
- Saanich Inlet First Nations united in fight against proposed LNG plant
- Group calls on city to review risks Energy East poses to Winnipeg water supply
- PMO rejects Charest bid to arrange meeting with pipeline proponents
Lawyers (including yours truly) discussed the duty to consult and accommodate.
With its Shale Gas Commission's report in hand, the New Brunswick government said it was in no rush to lift the moratorium on fracking.
A law professor discussed the importance of recognizing Indigenous self-government while a conservative pundit inserted cynicism into the discussion of renewed relationships between the federal government and Indigenous Peoples.
- First Nations self-government overdue says law expert
- Jeffrey Simpson: Sunny ways won’t improve ‘nation-to-nation’ relations
From the Courts
The British Columbia Supreme Court granted BC Hydro an injunction against protesters opposed to the Site C dam on the Peace River.
- British Columbia Hydro and Power Authority v. Boon, 2016 BCSC 355
- Judge grants injunction to BC Hydro against Site C protesters
- Site C opponents pack up camp after court order
- Site C protesters ordered out by midnight as BC Hydro granted injunction
- Opinion: Trudeau can, and should, delay Site C
- A Treaty Canada Wants To Forget
The Federal Court of Appeal overturned the Specific Claims Tribunal's Williams Lake Indian Band decision and dismissed the claim.
The British Columbia Court of Appeal granted an injunction to stop the provincial government from moving a Métis child out of the province.
A member of the Shubenacadie Band in Nova Scotia lost his appeal against hunting charges but the Court suspended his sentence.
Quote of the Week
“Canada must seriously reflect on the paternalistic, overreaching nature and injustice of the Federal Court’s decision."
Grand Chief Stewart Phillip on the Federal Court of Appeal's Williams Lake decision.
"No evidence of exists of any culture that has gotten away without some attempt to understand, alter, and exploit nature. No evidence can be found of any human society that has not employed tools and techniques. The interesting question is why the modern West has proceeded along these paths with virtually no sense of limits."
Langdon Winner, Autonomous Technology: Technics-out-of-Control as a Theme in Political Thought (1977)
My Two Bits
Here's my interview on CFNR re the Williams Lake decision and the future of the Specific Claims Tribunal
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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