Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending November 27, 2016.
Pessimism and optimism continue to grow on both sides of the pipeline debate as the federal government prepares to make decisions.
- First Nations still wary of supporting Trans Mountain pipeline expansion
- From Alberta to Standing Rock, indigenous peoples must be consulted
- Pipelines’ fate hangs in the balance as Ottawa nears decision
- Trudeau government set to make major decisions on Enbridge pipelines
- Yes could still be no as Kinder Morgan awaits Trudeau's nod on its multi-billion dollar pipeline expansion
Manitoba's Conservative government is promising a new approach to consulting with First Nations over mining projects.
Here's a cautionary tale from the Yukon on resource-revenue sharing.
Twice rejected by the federal government, a British Columbia mine proposal has turned into a zombie soap opera for the provincial government.
- B.C. gives Taseko mine a second chance after letter to Christy Clark
- Taseko's Letter to the Premier
The Site C dam may become an issue in the next British Columbia election.
Here's two friends talking about Indigenous rights and consent.
From the Courts
The Nova Scotia provincial government was in damage control over its legal position that the Mi'kmaq are a conquered people.
- Premier extends apologies to Mi'kmaq chiefs, elders
- No answers yet on how ‘racist’ argument against Mi’kmaq was allowed in court
- EDITORIAL: A people unconquered
- N.S. probes legal brief describing Mi'kmaq as conquered people
- Nova Scotia premier says he will apologize to Mi’kmaq for conquered people brief
The Supreme Court is preparing to hear a major duty to consult case next week.
For those interested in how how someone is qualified as an expert, here's a decision from Lac Seul First Nations' flooding trial in Ontario.
Quote of the Week
"Premier--I hope it is clear that this Company and its shareholders cannot simply sit back and allow our project to be placed on ice by regulators, or to be unfairly treated by agreements with First Nations that affect our interests without any consultation with us."
Russell Hallbauer, President of Taseko Mines to Premier Clark
Off the Bookshelf
"I stand alone here upon an open sea, with two oceans and a whole continent between me and law."
Herman Melville, Moby-Dick (1851)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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