Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending March 13, 2016.
In the News
While the debate continued over provincial versus federal authority over pipelines, Transcanada's negotiation of an agreement with a Saskatchewan First Nation was criticized.
- Jen Gerson: The problem with Quebec’s injunction
- Nakota chief says TransCanada used ‘conniving' tactics to secure Energy East deal ahead of band vote
- Energy East deal playing pivotal role in Saskatchewan First Nation election
Over 100 scientists urged the federal government to reject a draft environmental assessment for an LNG terminal on the British Columbia north coast.
Mi'Kmaq First Nations opposed a proposed oil terminal in New Brunswick.
In British Columbia, the debate continues over the Site C dam and the Secwepemc Aboriginal title claim to the Ajax mine site near Kamloops.
- Liberals assailed on aboriginal rights from both sides NDP call on Trudeau to stop Site C dam; Tories demand protection of private land
- Bennett admits 'legitimate criticisms' of Site C land transfers
- Site C dam will destroy wildlife and Peace River Valley, says resident
- Comment: Trudeau should push pause button on Site C
- Justice minister sees no conflict between her past protests and B.C. Site C dam
- Federal environment minister to visit Kamloops this month to talk Ajax
- MP McLeod calls on Ottawa to defend private-property rights in wake of title declaration by bands
Neighbouring First Nations raised concerns about the recently signed negotiation agreement between the British Columbia provincial government and the Tsilhqot’in.
The federal government invited Yukon First Nations to participate in a review of amendments to the Yukon Environmental and Socio-economic Assessment Act.
Support is growing for First Nation courts in British Columbia.
- Two more First Nations courts proposed in British Columbia
- Time has come for a First Nations Court in Sto-lo territory
The debate over fracking in New Brunswick has highlighted the poor relationship between the provincial government and First Nations.
From the Courts
The Supreme Court of Canada granted leave to appeal in the Chippewas of the Thames and the Clyde River duty to consult cases and ordered they be heard together.
- Enbridge Line 9 pipeline appeal approved by Supreme Court
- Chippewas of Thames First Nation Enbridge Line 9 pipeline appeal approved by Supreme Court
- Clyde River granted leave to appeal to Supreme Court on seismic testing
A newly filed Aboriginal title claim by the James Bay Cree of Quebec to land in northeastern Ontario raised concerns among their Indigenous neighbours
- New aboriginal land claims lawsuit -contention possible between Quebec and Ontario aboriginal groups
- Land claim 'pits Cree vs Cree' - Chief Hardisty
- Cree Nation submits claim to Algonquin Territory
- Cree Nation sues over 48,000 square kms of northeastern Ontario
- NAN, Mushkegowuk council resolve to protect traditional territory
The Williams Lake Indian Band announced it will ask the Supreme Court to hear its appeal of the Federal Court's recent decision to dismiss its specific claim.
- WLIB upset with decision on land
- WLIB taking appeal decision to Supreme Court of Canada
- Click here for more on this case
The courts have raised concerns about a lack of clarity on Aboriginal hunting rights in New Brunswick.
The Nova Scotia provincial court ruled the Crown failed to properly consult the Waycobah First Nation about the enforcement of fisheries charges against two members.
The Lax Kw'alaams amended its Aboriginal title claim to land on the north coast of British Columbia.
Quote of the Week
“If you want to start a relationship, the first thing you do is you start to have a conversation and dialogue."
Chief Ron Tremblay, Wolastoq Grand Council
"Canadian law can sometimes be used with great effect, but only if Indigenous cultural values, traditions and authorities are simultaneously part of this process."
John Borrows, Canada's Indigenous Constitution (2010)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.
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