Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending May 1, 2016.
In the News
While the federal and provincial governments discussed the possibility of bulding pipelines, Indigenous opposition continues
- As news of Enbridge revival spreads, opponents ready for battle
- Trudeau under growing pressure to lead charge for pipelines
- Internal Documents Show Feds Doubted Their Own First Nations Consultation Process for Northern Gateway Pipeline
- Alberta gains Ottawa's ear with plea for pipelines
- Enbridge eyes alternate B.C. ports for Northern Gateway as Notley discusses possibility with Trudeau
- First Nations groups unmoved on pipeline opposition
- Power to build pipelines not entirely in political hands
- First Nation support for Pacific NorthWest LNG growing
- Doug Cuthand: First Nations must pursue own interests in resource projects
While one pipeline received NEB approval, another will have to undergo a provincial environmental assessment.
- Energy board approves Enbridge Line 3 replacement, but with conditions
- Trans Mountain pipeline project to require B.C. environmental test
- B.C. orders review of Trans Mountain pipeline expansion
The Secwepemc reiterated their opposition to a mine in the British Columbia interior.
The Alberta provincial government reached an agreement with Treaty 8 First Nations amidst speculation that it would soon repeal the province's much maligned consultation legislation.
- Alberta signs agreement with Treaty 8 First Nations for better co-operation on environment, education and health
- Alberta signs historic agreement with Treaty 8 First Nations
- NDP set to repeal Prentice Aboriginal consultation law
- Alberta minister promises repeal of consultation bill after lawsuits
The controversy over the residential school settlement continued.
- The Catholic church must find the money for residential school victims
- Other churches escape residential-school settlement obligations in wake of Catholic deal
The Gwich'in Tribal Council's board of directors approved its self-government agreement-in-principle.
The future of the Indian Act is again being debated.
A proposed southern Ontario wind farm continues to cause controversy.
In northern Ontario a company owned by local First Nations is consulting about a proposed new transmission line.
Here's a good backgrounder on the Primer Minister's visit to Saskatchewan.
In Australia, the debate over treaty vs constitutionalized rights continued.
- Confusion surrounds push to recognise Aboriginal people in constitution, First Peoples congress warns
From the Courts
The British Columbia Supreme Court dismissed a McLeod Lake Indian Band member's claim for damages due to forestry activities within his trap line and guiding area.
Fort McKay First Nation filed a lawsuit over a proposed oilsands development.
The Canadian Human Rights Tribunal ordered the federal government to immediately implement 'Jordan’s Principle'.
- First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 10
- Human Rights Tribunal orders Canada to speed up changes to 'discriminatory' FN child welfare program
- Human rights tribunal orders Ottawa to ensure services for aboriginal kids
Quote of the Week
“Consultation is meaningless unless there is also a need to accommodate the concerns of First Nations."
Off the Bookshelf
"The momentum behind our impulse to control nature may be too strong to stop. But the likelihood of defeat is not an excuse to avoid trying."
Bill McKibben, The End of Nature (1989)
- Ottawa, May 4th
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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