Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending June 19, 2016.
While the National Energy Board formally began its review of Transcanada's proposed Energy East pipeline, supporters and opponents continued to advance their positions.
- National Energy Board begins review of Energy East pipeline
- NEB launches Energy East review as Quebec First Nations signal opposition
- Energy East would fuel 'fuel catastrophic climate change,' says Assembly of First Nations in Quebec
- 'Innovative' Energy East pipeline hearings to include more public input
- Saskatchewan Premier Brad Wall defends Energy East in Quebec
- Brad Wall aims to woo Quebec on Energy East as opposition grows
- Saskatchewan premier tries to sell Quebec on Energy East pipeline
- Pipelines are all about ‘trade-offs,’ Trudeau says: ‘You don’t ever hope for total 100% unanimity’
- One in six First Nations vows to block pipelines; all claim veto power
- David Akin: Chiefs’ claims to hold a veto will be tricky for Trudeau
- First Nations must be full partners in a new pipeline review process
Indigenous Peoples are divided over the development of the LNG industry on British Columbia's north coast.
Indigenous people discussed the role of the Indian Act in undermining traditional governance systems.
The British Columbia government formalized its environmental assessment for the Kinder Morgan pipeline while First Nations continued to raise concerns over a lack of consultation.
- Lower Nicola Indian Band blasts governments for failure to consult on Trans Mountain
- British Columbia's Environmental Assessment Section 11 Order
The sorry state of Indigenous community water resources continued to make the news.
Indigenous people made the case for and against the proposed development at Chaudiere Falls in Ottawa.
- Bourgeois: Zibi development an exercise in reconciliation with First Nations
- Collaborative consent; or Indigenous Rights: Condo development on Ottawa sacred site?
While Australians continue the debate over Treaty vs constitutionalized Indigenous rights, Canada was described as setting the 'gold standard'.
- Indigenous treaty: Langton, Davis look to Canadian model
- Australia Can Have An Indigenous Treaty And Constitutional Recognition
Discussion of the importance of implementing UNDRIP continued.
Indigenous people raised concerns over Quebec's proposed gun registry.
Last fall Chief Justice McLachlin's spoke at the Annual Conference of the Canadian Institute for the Administration of Justice on the topic of Aboriginal Peoples and access to justice--here's a copy of her speech (thanks to Grand Chief Ed John for sending this along).
From the Courts
The Squamish Nation filed for a judicial review of the National Energy Board's recent Transmountain pipeline decision.
- Squamish Nation files legal challenge: Suit challenges NEB approval of pipeline project
- Squamish Nation files court case to overturn NEB approval of Trans Mountain
- B.C. First Nations take Kinder Morgan pipeline opposition from coast to coast
- Squamish Nation's Notice of Application for Judicial Review (thanks to our friends at Ratcliff & Co. for sending this along)
A composting company has gone to court to gain access through a British Columbia First Nation reserve.
Protests continued over the Muskrat Falls development.
Pundits continued to discuss the implications of the recent Northern Superior duty to consult decision from Ontario.
Quote of the Week
“We were put in prisoner of war camps called reserves, stuck on the bottom of the economic ladder. We need to disengage from the Indian Act."
Nisichawayasihk Cree Nation elder Darcy Linklater
Off the Bookshelf
"The intolerant ethnocentrism of the Anglo-Canadian elite, which was closely linked to prevailing notions of racial superiority, precluded the possibility of the co-existence of culturally diverse peoples within the same political entity."
E. Brian Titley, A Narrow Vision: Duncan Campbell Scott and the Administration of Indian Affairs in Canada (1986)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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