Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending December 18, 2016.
The pipeline debate continues while lawyers prepare to file for judicial reviews of the federal government's Kinder Morgan decision.
- As a First Nations community, we support Trudeau’s pipeline decisions
- Pipelines draw a line in the sand
- First Nations chief at heart of oilsands resistance says he's no environmentalist
- City will appeal Kinder Morgan decision
After a year of talk, demands are mounting for the federal government to get serious about its reconciliation agenda.
- Trudeau to proceed with wide federal review to 'decolonize' Canada
- Trudeau launches ‘permanent’ series of meetings with indigenous leaders
- Trudeau outlines next steps in aboriginal reconciliation efforts
- Liberal MP: For reconciliation to happen, department needs to go
Watch this beautiful and powerful poem-video to the Prime Minster.
With the final arguments having been heard in the Sinixt cross-border hunting case a couple weeks ago in British Columbia, the appointment of the federal government's latest special representative could hardly be more timely.
An oil exploration licence off the east coast has raised important issues around the duty to consult.
With the federal government's expert environmental review panel having just wrapped up its cross-country hearings, now's a good time to watch this excellent video produced by the Secwepemc about their own review process of the proposed Ajax Mine.
This piece on Donald Marshall Jr. is a welcomed antidote to the Nova Scotia government's insulting 'conquered people' argument in the recent Alton Gas case.
The federal government's misconceived amendments to the registration provisions of the Indian Act continue to cause frustration and embarrassment.
- Liberals to ask court for extension after senators say indigenous rights bill is flawed
- Senate threatens to block ‘deeply flawed’ bill to remove gender discrimination from Indian Act
Shoal Lake #40 hopes to see construction on Freedom Road begin soon.
Whither the proposed 'Ring of Fire' mining development in Treaty 9?
From the Courts
Here's a good piece on the recent Ktunaxa religious freedom case heard by the Supreme Court.
The Specific Claims Tribunal made an important compensation decision this week.
- Vancouver Island First Nation awarded $13.9M in historic logging dispute
- Huu-ay-aht awarded $13.9 million in battle over timber rights
- Vancouver Island First Nation awarded $13.9 million over historic logging rights
The Federal Court of Appeal overturned a lower court decision which had held that the duty to consult attaches to the drafting of legislation.
Quote of the Week
"Y'll are operating on the bones of the Indian Act."
Off the Bookshelf
"You have to maintain a fine balance between hope and despair."
Rohinton Mistry, A Fine Balance (1995)
With both Christmas and New Years falling on a Sunday, the Aboriginal Law Report will be taking a break for a few weeks. We'll be back on January 8th.
Thanks to the University of Calgary Faculty of Law for nominating us for a Canadian Law Blog Award for our contribution to the national conversation on Indigenous rights.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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