Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending April 3, 2016.
In the News
The federal government continues to pursue former Native Leasing employees for income tax payments.
- Told he was exempt, Ottawa man now ordered to pay $190,000 in back taxes
- CRA defends collection of back taxes from indigenous O.I. Leasing workers
Canada's first Indigenous Justice Minister was profiled.
Two northern British Columbia First Nations proclaimed their own water law.
- Nadleh Whut'en and Stellat'en hereditary leaders proclaim B.C.'s first aboriginal water laws
- Area First Nations proclaim water management regime
After nearly 20 year of negotiations, a northern Ontario First Nation received a settlement offer for an unlawful land expropriation.
The Grand Council of the Crees Aboriginal title claim in Ontario continues to raise concerns.
- More confusion-controversy over aboriginal land claim
- Cochrane Cree join stand against Que. Cree claim
In Ontario there was a renewed discussion about the justice system and Indigenous people.
- Justice system examined at First Nations conference
- Province taking steps toward creating First Nations justice system
- Shameful anniversary should spur action on Aboriginal justice crisis
The Governor General discussed Indigenous issues in northern Ontario.
Indigenous Peoples continue to wait for the Pope to apologize.
Métis in northern Alberta complained about a lack of consultation over oil sands development.
There was a call for Indigenous-led environmental assessments.
Regina will identify ways to implement the Truth and Reconciliation Commission's recommendations.
The new federal budget continues to be discussed.
- Canada should spend less fighting Aboriginal Peoples in court: economic adviser
- Spending transparency should accompany new money for First Nations, say critics
- Federal Budget a Step Towards Indigenous Reconciliation
First Nations in southern Ontario called for a dam's removal.
The importance of the Tsilhqot'in Nation's tribal park was assessed.
The New Brunswick provincial government was urged to cancel its moratorium on fracking.
Manitoba's Treaty Commissioner's term came to an end.
Opposition to the Site C dam on the Peace River continues.
- First Nations Vow Fight Against Site C Dam in BC After Setback
- Woman on hunger strike against BC Site C dam now in hospital
- Site C hunger-striker condemns Christy Clark hours before hospitalization
From the Courts
With the announced retirement of Justice Cromwell, the possibility of the first Indigenous member of the Supreme Court was discussed.
- Time to name an Aboriginal justice to the Supreme Court
- For my earlier thoughts on an Indigenous member of the Supreme Court click here
Two northern British Columbia First Nations filed an appeal of the water licences for the Site C dam.
- West Moberly, Prophet River First Nations to appeal Site C water licences
- First Nations Appeal Site C Water Licences to Environmental Appeal Board
A British Columbia First Nation overcame a procedural challenge to its lawsuit alleging a failure to consult about an incremental treaty agreement.
- Cape Mudge Indian Band v. British Columbia (Ministry of Aboriginal Relations and Reconciliation), 2016 BCSC 556
The Supreme Court set November 30th as the date for hearing the Chippewas of the Thames and Clyde River duty to consult appeals.
- Date set for Clyde River's appeal to Supreme Court over seismic testing
- Supreme Court challenge to Line 9 pipeline by First Nation
Quote of the Week
“You can do it our way, or not do business at all.”
Nadleh Whut’en Chief Martin Louie.
Off the Bookshelf
"Why then do you try to 'enlarge' your mind? Subtilize it."
Herman Melville, Moby-Dick (1851)
I'll be giving a public lecture at the First Nations University in Regina on April 6th. Click here for details.
Emerginging Issues in Aboriginal Law Workshops
- Vancouver, April 15th: full--register now for the next one
- Toronto, April 20th
- Thunder Bay, April 28th
- Ottawa, May 4th
- Montreal (date not yet confirmed)
- Winnipeg (date not yet confirmed)
For more First Peoples Law comments see our publications page