Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending December 11, 2016.
Pipeline approvals has led to talk of opposition, support and reconciliation.
- From Standing Rock to Trans Mountain, dissent is in the pipeline
- Along Trans Mountain pipeline, opinions range from pro to protest
- First Nations to rely on tradition and custom to bridge divisions over pipelines: national chief
The fact that some Indigenous people support pipelines caught the attention of the BBC.
The annual Assembly of First Nations' meetings focused on the sincerity of the federal government's commitments to Indigenous people.
- Trudeau reassures First Nations of commitment to deliver on promises
- Trudeau doubles-down on promises to First Nations, pledges new Indigenous languages law
- Trudeau says reconciliation with First Nations doesn’t mean agreeing on everything
- First Nations beginning 'to see what sunny ways really mean', John Cutfeet says
Questions about the legitimacy of the comprehensive claims policy was raised at the Assembly of First Nations' winter meetings.
The federal Minister of Natural Resources was forced to backpedal on threats to use military force against pipeline opponents.
- Jim Carr backs off military response comments, says Liberals ’embrace’ pipeline dissent
- Carr dials back military response, says Liberals ’embrace’ pipeline dissent
- Mohawk chief accepts apology after Carr revived memories of Oka crisis
Even before the federal government's newest 'expert' review panel starts to collect advice on changes to the National Energy Board, the Senate has weighed in with its two-bits.
- Senate committee recommends NEB reforms
- Federal government should overhaul pipeline review and approval process: Senate committee
The Senate is also considering studying the concept of 'Nation to Nation'.
The British Columbia provincial government has authorized logging in an area subject to an Aboriginal title claim triggered by Indigenous logging.
Northern British Columbia First Nations affected by proposed natural gas pipelines have been unable to agree on how to divide a provincial revenue-sharing offer.
The New York Times sees the dark side of Canada in the Site C dam.
This piece from my colleague Roshan Danesh on the difference between veto and consent justifies a click on the Globe & Mail site.
And here's Roshan and Doug White with a second instalment of their conversation on the development and future of Aboriginal law.
From the Courts
A new Aboriginal title claim was filed in Ontario.
- Kitigan Zibi files Aboriginal title claim over Parliament Hill lands
- First Nation Lays Land Claim Over Parliament Hill
Nova Scotia's 'conquered-people' lawyer was defeated by his own arguments.
- Nova Scotia Crown lawyer in Alton Gas appeal removed from the case: minister
- Lawyer removed from Alton Gas case after inflammatory arguments
- 'Unconquered people' lawyer taken off Mi'kmaq-Alton Gas case
Here's more on the Clyde River and Ktunaxa cases recently heard by the Supreme Court.
- Supreme Court case could change natural resource development in Canada
- Canadian Supreme Court hears Ktunaxa’s Jumbo case
Quote of the Week
"After a year with this government I’ve learned we need to be cautious with Liberal words because words will be words until there is real action."
MP Romeo Saganash
Off the Bookshelf
"The woodcutter doesn't know when the clamorous trees that he cuts down expire."
Federico Garcia Lorca, "The King of Harlem," (1929) translated by Greg Simon and Steven F. White
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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