Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending November 6, 2016.
The federal government's special panel on the Kinder Morgan pipeline released its report.
- Trudeau-appointed panel won't say if Kinder Morgan pipeline is in public interest
- Trudeau's Kinder Morgan pipeline ‘parallel’ panel panned by environmentalists
- Feds to unveil coastal protection plan, face B.C. vs. Alberta choice in pipeline politics
- Ministerial Panel on Kinder Morgan Pipeline Actually Nails It
- Kinder Morgan Ministerial Panel Report
While the Standing Rock protest continued there was speculation about similar protests in Canada.
- Hostile pipeline protests could emerge in B.C. next year
- Canada could face ’20 Standing Rocks,’ says Mohawk chief as Ottawa rejects need for ‘consent’
- Pipeline protests: Next stop, Vancouver
Another federal special adviser has been appointed--this time to consider cross-border issues affecting Indigenous people.
The federal government's reluctance to comply with the Canadian Human Rights Tribunal's child welfare decision was again in the news.
- MPs Unanimously Back NDP Motion On First Nations Child Welfare
- House of Commons unanimously approves motion on First Nations child welfare
- Trudeau Liberals twice rejected human rights commission mediation on FN child welfare: Blackstock
- N2N tackles the political side of First Nations child welfare system and how to make things right
Indigenous people in Yukon raised concerns about overhunting.
Opposition continued to mount to the federal government's approval of a LNG plant on the British Columbia's north coast.
Val Napoleon was recently honoured as an Indigenous Peoples' Counsel.
In Ontario, Indigenous citizenship laws are gaining traction.
UNDRIP and First Nation consent is predicated to be an issue in the next British Columbia provincial election.
Two First Nation men from Manitoba pleaded guilty to hunting in Saskatchewan.
The treaty education project continues.
From the Courts
A First Nation challenge to Site C dam permits was unsuccessful.
- BC Supreme Court throws out First Nations Site C challenge
- First Nations challenge of Site C permits denied by B.C. Supreme Court
- Prophet River First Nation v. British Columbia (Minister of Forests, Lands and Natural Resource Operations), 2016 BCSC 2007
A northern British Columbia First Nation was back in court seeking to stop the piecemeal infringement of its treaty rights.
- Blueberry River seeks injunction to halt resource development on parts of its territory
- First Nations fight to halt resource development in northeast B.C.
An Ontario First Nation's challenge to a wind farm development was unsuccessful.
Quote of the Week
"We've been in deep conversations with policing authorities, RCMP in the planning for our project — what can we anticipate and what their role needs to be."
Kinder Morgan CEO Ian Anderson
Off the Bookshelf
"What governments fail to do is educate the public abut the real nature of or the real intent in treaty making. The intent as as our people understood it, is that we would share the real resources of the land...."
Marcel Hardisty quoted in Marie Wadden, Where the Pavement Ends: Canada's Aboriginal Recovery Movement and the Urgent Need for Reconciliation (2008)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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