Aboriginal Law Report

This is an interesting piece on the challenges facing a modern treaty First Nation surrounded by urban development.

• 'Our DNA comes from this region': Reclaimed land opens up Fraser River to Tsawwassen First Nation

The Secwepemc environmental assessment for the proposed Ajax Mine continued to draw attention.

• Indigenous law banishes a giant B.C. mine

The provincial government's commitment to the duty to consult was debated in the P.E.I. legislature.

• Government faces questions in the P.E.I. legislature on arguments filed in court by Mi’kmaq chiefs

Here's an example of individual direct action based on exercising treaty rights similar to the opposition to the Enbridge pipeline digs in Ontario.

• Eskasoni man camps at Alton site to protect river, practice treaty rights

The fallout continued from Nova Scotia's infamous 'conquered people' legal submissions

• N.S. review of 'conquered people' brief complete, but minister won't comment

The federal government's intention to legalize marijuana raises important issues about legislation, jurisdiction and the duty to consult.

• 'More than incidental': AFN chief says First Nations want input on marijuana legalization

Yet another damning report on the Site C dam was released.

• B.C. could save $1.6-billion by cancelling Site C: UBC report

This New York Times published an interesting piece on the power of silence.

• Canada Turns 150, but a Silent Chorus Isn’t Celebrating

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.

• Law Society will remove statue of B.C.'s 'hanging judge'

This piece will be of interest to all First Nations across Canada considering establishing a so-called urban reserve.

• Toolkit a guidebook for urban reserves

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.

• Amnesty International honours Canada’s Indigenous-rights movement

Here's an example of the growing movement towards First Nation constitutions.

• Aamjiwnaang takes step towards self-government

In Alberta, as elsewhere in Canada, the relationship between First Nations and local municipalities continues be a murky area of law and policy.

• Alberta introduces voluntary measures aimed to nudge cities into co-operation, gender equity

From the Courts

There was an important decision from the Ontario Court of Appeal this week regarding Indian Act registration.

• Gehl v. Canada (Attorney General), 2017 ONCA 319

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.

• Wakatu v. Attorney-General, 2017 NZSC 17
• Read David's comment on the decision

Quote of the Week

"I’ve been mad for most of my life because of this society we live in."

David Poulette

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.

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