Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending April 24, 2016.
In the News
To build or not to build pipelines: the debate continues.
- Alberta, B.C. discuss deal to swap pipeline for electricity
- NDP changes its tune over the Northern Gateway pipeline
- Alberta NDP warms up to Northern Gateway pipeline
- B.C. in no rush to approve Enbridge Northern Gateway oil pipeline
- Vaughn Palmer: Most B.C. First Nations OK with LNG pipelines
- The Leap Manifesto is a path to jobs and justice
A Chinese company's interest in building a railway to the proposed Ring of Fire mining development in Treaty 9 was in the news.
- Could China be the spark that ignites the Ring of Fire?
- Northern Ontario’s Ring of Fire needs a road, not rail, Noront CEO asserts
Parliament will have an opportunity to debate the implementation of UNDRIP.
Pressure is mounting on the federal government to reject the Sisson Mine proposal in New Brunswick.
- Sisson mine EIA finds 'signficant' impact on Maliseet
- 5 Maliseet chiefs call for New Brunswick mine to be rejected
- Maliseet want Ottawa to stop open-pit mine threatening dwindling harvesting area
The Tsilhqo'tin are working to reassure local non-Indigenous people that they have nothing to fear from Aboriginal title.
With the Daniels decision having led to greater confusion as to who is an 'Indian', the Anishinabek Nation in Ontario is pressing ahead with its own citizenship law.
The federal government's relationship with Indigenous Peoples drew praise in New Zealand.
The need to fulfill the residential school settlement was in the news.
- Legal misstep lets Catholic Church off hook for residential schools compensation
- Residential-school survivors speak out about Catholic Church’s settlement shortfall
- Ottawa called out on residential-school settlement shortfall
- AFN Chief to urge Pope to rectify church’s role in residential schools
Questions were raised about the purported Indigenous support for a proposed LNG terminal on British Columbia's north coast.
- Opposition to Petronas LNG 'Extensive,' First Nations Leaders Tell Trudeau
- BC Chiefs say approving Petronas gas project akin to declaring war
- Former mayor of Lax Kw’alaams upset by band's support for LNG terminal
- B.C. First Nations dispute over North Coast LNG project reaches Ottawa
A proposed wind farm in southern Ontario continued to make the news.
Sipekne'katik First Nation maintained its opposition to a proposed natural gas storage project in Nova Scotia.
From the Courts
The British Columbia Court of Appeal set aside a 2015 duty to consult decision and remitted it to the trial judge for further consideration.
The Nova Scotia Supreme Court dismissed an appeal of night hunting convictions.
- Government justified in limiting aboriginal hunting rights at night: N.S. Supreme Court
- Paul v. R., 2016 NSSC 99
The Quebec Court of Appeal dismissed an appeal challenging provincial gasoline tax laws.
With its duty to consult case scheduled to be heard this fall at the Supreme Court, the Chippewas of the Thames First Nation are considering an injunction against Enbridge continuing to operate its pipeline.
Quote of the Week
“This Indian Act is genocide."
Grand Chief Patrick Madahbee
Off the Bookshelf
"It was as though, as a result of some disturbance in the heavens, the early morning light was always receding into the darkness, and men lived in a perpetual dawn."
V.S. Naipaul, A Bend in the River (1979)
- Thunder Bay, April 28th
- Ottawa, May 4th
- Montreal (date not yet confirmed)
- Winnipeg (date not yet confirmed)
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