Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending November 20, 2016.
Opponents and supporters continue to rally in expectation of the federal government's decision on the Kinder Morgan pipeline.
- B.C. Liberal MP to Trudeau: Don't approve Kinder Morgan pipeline expansion
- Denying B.C. First Nations Consent On Pipelines Is A Big Mistake
- Dakota Access Pipeline protest leader shares tips on stopping Kinder Morgan pipeline
- Canada’s energy sector braces for rising threat from activists
- Don't stand in the way of national interests on Kinder Morgan, Calgary mayor tells Vancouver
- Standing Rock pipeline protest leader draws a crowd in Vancouver
- Trudeau needs pipeline 'Plan B' to Kinder Morgan route: ex-premier Harcourt
- Kinder Morgan hopes to start work on pipeline twinning next year
- Thousands march through Vancouver to protest Kinder Morgan pipeline expansion
A Vancouver Island First Nation is planning next steps after a historic specific claims settlement.
- Nanaimo First Nation ratifies record land-claim settlement
- Snuneymuxw First Nation agrees to $49M in compensation for downtown Nanaimo reserve
- Claim settlement cash could change Snuneymuxw fortunes
A proposed residential--commercial project in Ottawa continued to be discussed.
Stay tuned for a new fur-trade era drama.
From the Courts
While the federal government touts a nation-to-nation relationship with Indigenous Peoples, the Nova Scotia government was in court arguing the Mi'kmaq were conquered.
- Lawyer argues government did not have to consult with Mi'kmaq on Alton project
- Alton Gas case arguments wrap up in court
- Mi'kmaq are 'conquered people' says Nova Scotia government lawyer
- Legal brief saying N.S. band are a conquered people went too far: premier
- Colonization over reconciliation in Alton Gas fight
- Excerpt from Nova Scotia's Legal Brief
Interesting decision this week on the Zibi controversy in Ottawa regarding costs, public interests and standing.
- Not just one 'legitimate voice' on indigenous issues in Zibi project, judge says
- Cardinal v. Windmill Green Fund LPV, 2016 ONSC 7160
The issue of Treaty people hunting on 'private' lands in Manitoba and Saskatchewan may soon be in the courts.
Quote of the Week
"…in the context of the Shubenacadie Band, the historical evidence references a ‘submission’ to the Crown in 1760….As of a result of that submission, Crown sovereignty over the Band was not merely defacto, it was legal. The Band’s submission in 1760 negates a claim of sovereignty, and therefore negates a constitutional duty of consultation."
Nova Scotia's Legal Argument in Alton Gas case
Off the Bookshelf
"The worst thing that colonialism did was to cloud our view of our past.”
Barack Obama, Dreams from My Father: A Story of Race and Inheritance (1995)
Join us on November 29th at Wahnapitae First Nation to learn and share experiences about moving towards exercising Indigenous jurisdiction over resource development projects.
10am–4pm, Tuesday, November 29th
259 Taighwenini Trail Road, Wahnapitae First Nation, Capreol, ON
Registration: email firstname.lastname@example.org or call 416-642-1659
Indigenous lunch buffet catered by Ozaawmik’s Catering
Presented in partnership with the Canadian Aboriginal Minerals Association and the Aboriginal Environmental Leadership Circle.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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