Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending August 14, 2016.
The National Energy Board's Energy East pipeline review kicked off with hearings in Saint John.
- Public hearings on Energy East Pipeline set to begin in Saint John
- N.B. Mi'kmaq 'deeply concerned' about Energy East pipeline impact on treaty rights
- Mi'kmaq nations want Aboriginal and Treaty rights addressed as pipeline hearings continue
- TransCanada will 'strive to reach consent' with First Nations on Energy East
- Mi'kmaq want Energy East concerns addressed before granting consent
The National Energy Board and the federal government's Kinder Morgan pipeline consultation panel continued to be dogged by accusations of bias and conflict of interest.
- Lawyer demands public inquiry, reassignment of NEB management over Charest affair
- Harper’s hand-picked National Energy Board panel risks public confidence in pipeline approval process
- Kinder Morgan Review Panel Slammed for Perceived Conflict of Interest
- Pipeline panellist sees no conflict of interest
Ontario announced new pipeline consultation requirements.
The federal government faced continued criticism of its recent permit approvals for the Site C dam on the Peace River.
- Site C ‘Running Roughshod’ over Indigenous Rights, Wilson-Raybould Said
- Opinion: Why B.C. Hydro must halt construction of the Site C dam
- At B.C.’s Site C dam, two visions of native rights clash
- Site C dam: B.C. minister 'proud' of past opposition to $9-billion megaproject
- B.C. Hydro says Site C construction will carry on
- Amnesty International pushes feds to halt Site C, launches 'global campaign' against dam
Opponents of the reopening of the Mount Polley mine in British Columbia were arrested.
- Shuswap activist group occupies Imperial Metals office
- Four Mount Polley mine protesters arrested at company's Vancouver office
In Ontario, Kitchenuhmaykoosib Inninuwug issued a 'Declaration of Sovereignty and Governance and Assertion of Inherent and Treaty Rights'
In the Yukon, Tr'ondëk Hwëch'in First Nation is opposed to a placer mining operation in its territory.
The implications of Canada's full adoption of UNDRIP continued to be discussed.
- Canada’s Acceptance of the United Nations Declaration on the Rights of Indigenous Peoples: Implications for the Inuit
Canada compares unfavourably with other countries in protecting Indigenous lands.
From the Courts
Another lawsuit was filed for damages caused by the Mount Polley mine disaster in British Columbia two years ago.
Quebec Mi'kmaq were unsuccessful in their legal challenge to an oil terminal in New Brunswick.
- Court dismisses First Nations challenge of Chaleur Terminals
- Martin v. Province of New Brunswick, 2016 NBQB 138
Quote of the Week
“Unless all of these concerns can be meaningfully addressed, we cannot and will not consent to the pipeline in our territory."
Chief George Ginnish
Off the Bookshelf
"First Nations our Canadians' last best hope for protecting our collective futures."
Pamela Palmater, Indigenous Nationhood: Empowering Grassroots Citizens (2015)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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