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Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending December 4, 2016.
The federal government rejected one pipeline and approved two.
- British Columbia prepping for battle after major pipeline approvals
- Justin Trudeau seeks the middle way on pipelines: Editorial
- PM's pipeline announcements draw mixed reaction
- British Columbia grand chief calls Trudeau a ‘serial liar’ over broken promises
- PM Trudeau greenlights controversial oil pipelines
- David Suzuki, Manitoba chiefs join fight against oilsands expansion
- A ‘duty to consult’ aboriginals is no excuse to delay project approvals
- Echoes of Oka: Trudeau minister says military involvement possible against oil pipeline resistance
- Trudeau, More Dangerous to Environment than Harper
Most of the coverage this week was on the approval of Kinder Morgan's Trans Mountain pipeline
- Legal challenges will not prevent Kinder Morgan from moving ahead, experts say
- Kinder Morgan pipeline: Protesters aim to emulate Clayoquot Sound success
- Critics speak out against approval of Trans Mountain pipeline in B.C.
- Trans Mountain pipeline approval 'begining of long battle' vows B.C. First Nation
- Tsleil-Waututh leaders say they will do what it takes to stop Kinder Morgan pipeline expansion
- A third of First Nations OK with Trans Mountain pipeline expansion
- Trudeau urged to keep promise and release legal advice for Kinder Morgan pipeline
- B.C. groups attack Ottawa's approval of Kinder Morgan pipeline
- Opinion: Trans Mountain pipeline, even if approved, won't be built
- B.C. groups say the war over Kinder Morgan pipeline just beginning
- Kinder Morgan decision a black day for Canada, say West Coast environmentalists
- Trans Mountain expansion: The First Nations factor
- Trudeau risks political backlash over Trans Mountain pipeline approval
- B.C. premier warms to Kinder Morgan pipeline as election looms
- Notley to sell pipeline plan in British Columbia as Christy Clark warms to Kinder Morgan project
- Quebec Mohawk chief vows civil unrest if B.C. pipeline moves forward
- Kinder Morgan pipeline: Canadians intensify huge opposition to expansion
- Kinder Morgan and the myth of national interest
Here's more specific coverage on the rejection of Enbridge's Northern Gateway pipeline.
- Residents of B.C.'s North Coast react to the 'death' of Northern Gateway
- Gitga'at First Nation celebrates "final victory" over Enbridge Northern Gateway Pipeline
- Enbridge's indigenous partners in failed pipeline were not a united front
And don't forget about the approval of the Enbridge Line 3 pipeline
Here's a cautionary tale given this week's pipeline approvals.
The federal government admitted to bungling the process for amending the registration provisions of the Indian Act.
- Carolyn Bennett admits bill to change Indian Act was badly handled
- Bennett embarrassed at handling of Indian Act-changing bill
The Auditor General released a report relentlessly critical of the specific claims process.
- Indigenous Affairs not adequately managing specific claims for First Nations: Auditor General
- First Nations claims process slow and ineffective; information on progress 'incomplete,' says AG
- 'Beyond unacceptable': Auditor general rips treatment of First Nations, aging technology
- AG report: Ottawa not adequately managing First Nations claims
- The Auditor General's Report
Time to look forward to next week's AFN winter meetings in Ottawa.
From the Courts
The Chippewas of the Thames and Clyde River duty to consult cases were heard at the Supreme Court.
- Crown’s duty to consult First Nations being tested at high court this week
- Supreme Court to hear seismic exploration case in Arctic waters
- An emotional ride at historic Supreme Court Inuit rights case
- Inuit launch day of protests as Supreme Court hears duty to consult case
- Supreme Court hearing on energy projects draws large crowd
The Supreme Court also heard a case combing the duty to consult with religious freedom.
- First-ever Indigenous Freedom of Religion Case Heads to Canada’s Supreme Court
- Supreme Court reserves judgment in Ktunaxa, Jumbo Glacier Resort case
Closing arguments were heard in a British Columbia case raising issues around the international border and the purported extinction of an Aboriginal People.
Residential school and Sixties Scoop litigation continues.
- Feds appeal Manitoba decision to ease compensation rules for residential school survivors
- Federal government asks judge to toss Sixties Scoop lawsuit
Quote of the Week
"If people choose for their own reasons not to be peaceful, then the government of Canada—through its defence forces, through its police forces—will ensure that people are kept safe,”
Natural Resources Minister Jim Carr
Off the Bookshelf
"Protest beyond the law is not a departure from democracy; it is absolutely essential to it....It is disruptive and troublesome, but it is a necessary disruption, a necessary troublesomeness."
Howard Zinn, The Zinn Reader: Writings on Disobedience and Democracy (1997)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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