Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending July 17, 2016.
Comments by the federal Justice Minister raised questions about Canada's commitment to implementing UNDRIP
- Justice Minister Jody Wilson-Raybould says adopting UNDRIP into Canadian law 'unworkable'
- Ottawa won’t adopt UNDRIP directly into Canadian law: Wilson-Raybould
- 'All options' on the table as Canada looks to adopt UNDRIP, national chief says
- John Ivison: First Nations hear hard truth that UN indigenous rights declaration is ‘unworkable’ as law
A former Supreme Court of Canada Justice explained his views of the relationship between UNDRIP and the duty to consult.
Industry pundits continued to complain about the duty to consult.
- Lauren Heuser: How can the government properly consult with First Nations when the obligations are constantly in flux?
- For my thoughts on this issue see:
A Treaty 8 First Nation member explained treaty rights to non-Indigenous people.
The federal government's three-person Kinder Morgan pipeline panel continues its summer tour.
- Federal panel coming to Chilliwack to talk pipeline accused of misstep
- Pipeline panel will hear submissions in Kamloops on July 19, July 20
- Pipeline panel to visit Abbotsford July 26
A former Ontario Minister of Aboriginal Affairs thinks the Specific Claims Tribunal is the panacea for solving land claims.
Academics and Indigenous leaders continued to seek a revitalization of Treaty relationships.
- AMC Grand Chief Calls for New Royal Proclamation
- Don’t tag treaties for First Nations’ economic woes
A British Columbia First Nation reacted to the announced delay in building a LNG plant on the north coast.
From the Courts
A Nova Scotia First Nation was unsuccessful in its bid for a injunction to stop a natural gas storage project.
- Sipekne’katik First Nation loses latest battle on Alton gas
- Judge dismisses Sipekne’katik’s request for a stay in Alton Gas project
- Sipekne’katik v. Nova Scotia (Environment), 2016 NSSC 178
Ekuanitshit First Nation filed for an injunction against hydraulic fracking.
- Innu community files injunction to stop Anticosti drilling
- Couillard sides with First Nations opposition to Anticosti Island drilling
An Alberta First Nation was unsuccessful in its bid to reopen a treaty land entitlement settlement.
Quote of the Week
“Without natural resources, our rights have no meaning."
Chief Rufus Copage
Off the Bookshelf
"The Government of Canada should do everything in its power to live up to and fully implement the treaties; indeed, this should be the first call upon its intellectual, political, and financial resources."
Terry Fenge and Jim Aldridge, Keeping Promises: The Royal Proclamation of 1763, Aboriginal Rights, and Treaties in Canada (2015)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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