Aboriginal Law Report
By Bruce McIvor
Given our Easter weekend break, we've put together a collection of news from the last two weeks.
This is an interesting piece on the challenges facing a modern treaty First Nation surrounded by urban development.
The Secwepemc environmental assessment for the proposed Ajax Mine continued to draw attention.
The provincial government's commitment to the duty to consult was debated in the P.E.I. legislature.
Here's an example of individual direct action based on exercising treaty rights similar to the opposition to the Enbridge pipeline digs in Ontario.
The fallout continued from Nova Scotia's infamous 'conquered people' legal submissions
The federal government's intention to legalize marijuana raises important issues about legislation, jurisdiction and the duty to consult.
Yet another damning report on the Site C dam was released.
This New York Times published an interesting piece on the power of silence.
Pundits considered the effect of the federal government's apparent willingness to negotiate a land claim settlement outside of the terms of the Yukon Umbrella Final Agreement.
- Whitehorse Daily Star: Key figures hushed on land claims bombshell
- Yukon First Nation could negotiate land claim outside Umbrella Final Agreement
- Whitehorse Daily Star: Ottawa ponders major change in resolving claim
A stark reminder of British Columbia's colonial past is being mothballed.
This piece will be of interest to all First Nations across Canada considering establishing a so-called urban reserve.
Membership is becoming an increasingly complex issue for both Métis and First Nations across the country.
- NWT Métis Nation seeks funding to complete membership list
- Fort William First Nation Chief to discuss status expansion with Ottawa
There was well deserved recognition of the incredible people fighting for Indigenous rights across Canada.
Here's an example of the growing movement towards First Nation constitutions.
In Alberta, as elsewhere in Canada, the relationship between First Nations and local municipalities continues be a murky area of law and policy.
From the Courts
There was an important decision from the Ontario Court of Appeal this week regarding Indian Act registration.
Thanks to David Wiliams for drawing my attention to a recent decision from New Zealand's Supreme Court that relies on Guerin and Manitoba Metis Federation from the SCC and provides an important analysis of fiduciary obligations, restitution and UNDRIP.
Quote of the Week
"I’ve been mad for most of my life because of this society we live in."
Off the Bookshelf
"The bottom was always falling out of something in America so far as I could see. So it was with the world, restless, kind of brutal. Always going on. Not waiting or no man."
Sebastian Barry, Days Without End (2016)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
For more First Peoples Law comments see our publications page