Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending July 3, 2016.
Blueberry River First Nations released a study of the cumulative effects of resource development in their territory.
- B.C. not doing enough to uphold treaty rights: Blueberry River FN
- ‘Our Way of Existence is Being Wiped Out’: B.C. First Nation Besieged by Industry
- First Nations territory ‘wiped out’ by industry development, chief says
- 'Our very existence is being wiped out' by industry, say Northern B.C. First Nations
Squamish approved a new pipeline and compressor station based on its own enivornmental assessment review.
- Squamish Nation votes to approve FortisBC pipeline
- Squamish First Nation approve pipeline for Woodfibre LNG
In the Northwest Territories, the territorial and federal governments announced they will appoint a ministerial special representative to help finalize the Dehcho First Nations' land claim.
In Saskatchewan the Métis are still waiting on a promised apology from the provincial government for the 60s Scoop.
Nuu-chah-nulth Tribal Council representatives met with the federal government in hopes of of a negotiated end to their ongoing commercial fishery infringement justification trial.
The Canadian Environmental Assessment Agency restarted its review of the proposed LNG plant on Lelu Island on the British Columbia north coast.
The federal minister of Indigenous Affairs weighed in on the issue of UNDRIP and veto vs consent while in Quebec, a leadership candidate for the Parti Québécois pledged to implement UNDRIP.
- UN declaration doesn't give Canadian First Nations a veto: minister
- PQ's Alexandre Cloutier takes bold stance on aboriginal rights
Finally, Canada Day provided an opportunity to remember Chief Dan George's 'Lament for a Nation'.
From the Courts
The Federal Court of Appeal quashed the federal government's Enbridge pipeline authorization.
- Appeals court sends Northern Gateway pipeline back to Ottawa citing inadequate consultation
- Northern Gateway pipeline approval stymied after court quashes approval
- Court quashes Enbridge pipeline, slams Harper government for ignoring First Nations
- Court quashes Northern Gateway approvals, leaving pipeline’s fate in hands of Liberal government
- Northern Gateway ruling a reminder of governments’ duty to consult
- Gitga'at First Nation celebrates Federal Court of Appeal victory overturning approval of Enbridge Northern Gateway pipeline
- Northern Gateway Decision a Huge Victory for First Nations' Rights
- Yedlin: Northern Gateway dealt serious legal blow
As mentioned last week, the Tsleil-Waututh have filed for judicial review of the National Energy Board's Kinder Morgan decision--here's their Notice of Application (thanks to our friends at Gowling WLG for sending it along).
A Yukon First Nation filed a duty to consult lawsuit against the territorial government based on the 2012 Ross River decision.
In Ontario, Northern Superior decided to appeal court loss based on the duty to consult.
Quote of the Week
“...our way of life, our very existence, is being wiped out."
Blueberry River Chief Marvin Yahey
Off the Bookshelf
"All in all, it is not unfair to characterize the systems with which First Nations people currently deal as slightly modernized versions of the old colonial DIA system."
Robin Jarvis Brownlee, A Fatherly Eye: Indian Agents, Government Power, and Aboriginal Resistance in Ontario, 1918-1939 (2003)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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