Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending February 5th.
Having failed to reach an agreement with the Kaska Dena Council, the Yukon government has temporarily banned mineral exploration in part of the Yukon.
- A new moratorium withdraws remaining Kaska territory from mineral staking
- Ross River mineral staking ban extended for one year
The federal government agreed to negotiation frameworks with Métis in Alberta and Ontario.
- Métis of Ontario sign agreement with Ottawa clearing path for new benefits
- Feds signing memo with Metis in Ontario to open ‘nation-to-nation’ talks
- Alberta Métis to begin discussion on rights after landmark agreement with Ottawa
One of the Truth and Reconciliation Commission's recommendations might be implemented.
APTN's Trina Roach put together a very interesting three-part story on the Mi'kmaq in Newfoundland.
With a proposed LNG project on the British Columbia north coast facing several court challenges, the provincial and federal governments created a new environmental monitoring committee with limited First Nation participation.
- First Nations given role on Pacific NorthWest LNG environment committee
- Deal struck with Lax Kw’alaams on LNG
- Historic agreement signed between First Nations, governments for PNW monitoring committee
- First Nations granted role overseeing proposed Pacific NorthWest LNG facility
The proposed pipeline to feed the LNG plant is also being challenged.
Manitoba's Premier tried to walk back his inflammatory comments about night hunting.
From the Courts
The British Columbia Court of Appeal followed in the footsteps of last week's decision from the Federal Court of Appeal in dismissing a challenge to the Site C dam.
- Court of appeal dismisses another Site C legal challenge, three cases remain
- Site C dam win for Hydro as a native veto rejected by B.C. Court of Appeal
- Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58
Nova Scotia's approval of a natural gas cavern storage project was quashed because the government failed to share a report it relied on to assess consultation.
- Judge sends Alton natural gas appeal back to environment minister
- Sipekne'katik band wins Alton Gas appeal against province
- Sipekne’katik v. Nova Scotia (Environment), 2017 NSSC 23
The federal government agreed to work towards a settlement of the 60's Scoop litigation in Ontario.
- Ottawa offers to negotiate settlement to end long-standing '60s Scoop suit
- Feds seeking to settle suits from Sixties Scoop, resolve 'dark chapter'
The zombie-like Prosperity Mine project was back in court in Vancouver.
- First Nations monitor mining case
- Mining Giant Taseko Seeks to Revive B.C. Gold Mine Twice-Rejected by Harper Government
- First Nations and Taseko Mines face off in federal court
Quote of the Week
"This is an arrogant and unrepentant company that has not learned its lesson, despite not one, but two scathing federal rejections by the Harper government, the most pro-industry and anti-First Nations government in memory.”
Grand Chief Stewart Phillip on Taseko Mines
Off the Bookshelf
"I'm a pessimist because of intelligence, but an optimist because of will.”
Antonio Gramsci, Prison Letters (1994)
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Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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