Aboriginal Law Report

In the News

The Alberta provincial government renewed its support for proposed pipelines.

• Notley demands a 'yes' on pipeline for Alberta oil as province struggles with deficit

Fulfilment of treaty land entitlement obligations to First Nations has become an issue in the Manitoba election.

• Committee wants party leaders to commit to completing treaty land entitlement claims within 10 years
• Manitoba First Nations say fulfil promise and turn over more treaty land 

Saskatchewan First Nations are optimistic about a possible negotiated settlement for their treaty annuity payment specific claim.

• Saskatchewan First Nation to meet with federal officials over treaty claim
• Money coming for First Nation punished in 1885 Rebellion
• Doug Cuthand: Compensation near for reneged treaty obligations

In response to intense opposition from First Nations and non-Indigenous people, the British Columbia provincial government has committed to a review of sewer sludge regulations.

• Biosolids regulations to be reviewed
• Biosolids regulation under review

Although the mining sector is in a downturn, the discussion about if, when and how to develop the Ring of Fire in northern Ontario continues.

• Ring of Fire - Getting it Right Rather than Getting it Soon
• Trudeau Still has Eyes on Ring of Fire

Questions continued to be asked about British Columbia's planned Site C dam on the Peace River.

• As B.C. pushes to build Site C, Oregon and California agree to tear down four dams
• Site C protest camp at downtown Hydro HQ doubles in size
• First Nations challenge Site C water licences
• Treaty 8 chiefs condemn Site C dam project
• Site C breaches environmental conditions, failed to control sediment in river

A landless British Columbia First Nation working to acquire its own reserve is facing opposition from local non-Indigenous people. 

• South Campbell River residents oppose First Nation reserve

A new British Columbia treaty came into effect.

• Tla'amin Nation finalize treaty with B.C., Canada

While Indigenous people continue to have differing views on proposed LNG developments in British Columbia, the provincial NDP came out against a project on the north coast.

• Competing factions claim to represent bands in multibillion-dollar B.C. gas export plant debate
• B.C. NDP rejects proposed LNG plant near Prince Rupert

In Australia, a debate emerged about 'settlers' vs 'invaders'.

• Australia wasn’t ‘found’: it was invaded by Britain

The issue of constitutionally protected Indigenous language rights is gathering growing support.

• Constitutional challenge looks to revive aboriginal languages

Lawyers, including yours truly, continue to debate the past, present and future of the duty to consult and accommodate.

An Uneasy Duty

From the Courts

The Ontario Court of Appeal ruled on the question of retaining the records of residential school survivors.

• Court ruling gives residential school survivors control over abuse testimony

The Alberta Court of Queen's Bench struck out a claim brought by members of the Mikisew Cree First Nation challenging an agreement settling a treaty entitlement lawsuit.

• Waquan v. Canada (Attorney General), 2016 ABQB 191

BC Hydro's position on UNDRIP (part of one of the ongoing lawsuits over Site C) was criticized by First Nations.

• Indigenous leaders slam B.C. Hydro for "appalling" rejection of UN declaration

The Supreme Court announced it will deliver its decision in the Daniels appeal on Thursday, April 14th.

Quote of the Week

“Site C is a stupid idea.”

Chief Roland Wilson

Off the Bookshelf

"The general policy of the twentieth century was to try to make the most of resources, make Nature perform to the utmost, and hope for the best."

J.R. McNeill, Something New Under the Sun: An Environmental History of the Twentieth-Century World (2000)

Upcoming

Catch our cross-country series of workshops on emerging issues in Aboriginal Law by emailing 

• 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)

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