Aboriginal Law Report
By Bruce McIvor
Following a holiday break, here's a jam-packed update covering the last three weeks.
A major LNG project on the British Columbia north coast was cancelled.
- 'I'm scared for my community': northerners react to cancellation of Pacific NorthWest LNG megaproject
- Petronas cancels $11.4-billion LNG project near Prince Rupert
- Malaysia’s Petronas scraps $11.4-billion LNG project in B.C.
- Malaysia’s Petronas scraps $11.4-billion Pacific NorthWest LNG project in B.C.
- Liquefied natural gas projects face existential crisis in B.C.
- National Post View: Petronas debacle confirms that Canada simply isn’t open for business
- Pacific NorthWest LNG mega-project is dead, but B.C.'s LNG dream lives on
- B.C.’s LNG outlook dims after $36B Pacific NorthWest LNG project killed
- Why LNG remains a coveted green solution
- Pacific Northwest LNG is dead — what happens to court challenges now?
- Litigation will continue against federal government over PNW LNG: Madii Lii spokesperson
- TransCanada to review options in reaction to LNG decision
- Opinion: Petronas departure a tragedy or opportunity
- How BC’s LNG Fiasco Went So Wrong
The Site C dam in British Columbia continues to attract questions and criticism.
- Andrew Weaver applauds NDP government's referral of Site C dam to B.C. Utilities Commission
- Conversations That Matter: Is Site C the wrong energy project for B.C.?
- Editorial: B.C. Utilities Commission has tough job in short time frame
The Tsilhqot'in are seeking an injunction against Taseko Mines (a court decision is expected on July 14th).
- First Nations in Victoria court to stop mining permit
- B.C. First Nation to battle Taseko Mines in court
- Taseko's New Prosperity mine proposal remains centre of contention
- Drilling permit issued to Taseko not legal: CEAA
Lawsuits and unanswered questions marked the 3-year anniversary of the Mount Polley Mine disaster.
- No Charges, No Fines For Mount Polley Mine Disaster as Three-Year Legal Deadline Approaches
- First Nations woman files charges against Mount Polley company
- No charges laid in Mount Polley spill
- Mount Polley mine disaster: 3 years later concerns still remain
- NDP to probe lack of B.C. charges in Mount Polley dam failure
- 3 Years After B.C. Mine Disaster, Our Waters Are Still In Danger
The environmental review continues for a controversial mine in the British Columbia interior.
- First Nations leaders disagree with environmental report on Ajax
- New environmental report open for public comment
British Columbia's new provincial government is hoping to bring its opposition to the Kinder Morgan pipeline before the courts
- Attorney general says B.C. won't stall Trans Mountain pipeline permits: 'We'll be sued'
- B.C.’s NDP government to join legal challenges against Trans Mountain pipeline
- NDP government won't permit Kinder Morgan to put shovels in ground on public land for pipeline
- B.C.'s impending Kinder Morgan challenge is another straw on a very beleaguered camel
- Indigenous rights advocate to guide B.C. in Trans Mountain pipeline challenge
- How intervener status for B.C. could impact the Trans Mountain pipeline legal challenge
- Vaughn Palmer: Multi-pronged attack launched in B.C.'s pipeline politics
- B.C. makes symbolic choice in retaining Thomas Berger as counsel in Trans Mountain challenge
- Varcoe: B.C. brings big gun to pipeline battle, but where is the ammo?
- B.C. plan to intervene in Trans Mountain expansion marks change of attitude, Rachel Notley says
- Kinder Morgan says pipeline construction will start next month, despite NDP government statement
- B.C. government will fight Kinder Morgan pipeline but not delay permits
- Trans Mountain opposition still faces uphill battle after Supreme Court decisions, analysts say
A new oversight committee for the Kinder Morgan pipeline project was announced.
- Lip service or endgame: Trans Mountain Expansion Project gets Indigenous oversight committee
- Trans Mountain pipeline expansion to be closely scrutinized, B.C. Enivronment Minister says
- Trans Mountain pipeline gets Indigenous-led oversight committee
An ongoing land dispute flared up again in southern Ontario.
- Haudenosaunee people block Caledonia road over 'lies' from Ontario government
- Six Nations barricades at Caledonia continue, people want Ontario talking to Haudenosaunee Confederacy
Here's a good backgrounder on the Haida Nation's efforts to gain recognition of its Aboriginal title and rights.
Finally, the federal government's recently announced 10 principles on reconciliation continue to be scrutinized.
- The Liberals' plans for Indigenous reconciliation are just beads and trinkets
- Okanagan Nation cautious, welcoming, of new principles for First Nations
- Why Canada's Indigenous principles document matters - Macleans.ca
- Ottawa’s sly change on consent may damage Indigenous relationships
From the Courts
The Supreme Court released decisions in two important duty to consult cases.
- Globe editorial: The ‘duty to consult’ Indigenous Canadians, and its limits
- 'We're concerned': After Supreme Court rulings, duty to consult a hot topic at AFN meeting
- High court gives red light for Clyde River but green light for Line 9 pipeline
- Chippewas of the Thames Line 9 pipeline appeal dismissed by Supreme Court
- Supreme Court quashes plans for seismic testing in Nunavut
- Supreme Court rebukes energy regulator for Clyde River consultation
- Supreme Court’s colonial roots are showing: Kanji
- How the Supreme Court upheld the NEB’s role in keeping democracy well functioning
- First Nation questions relationship with Canada following court ruling
- Inuit leaders applaud landmark Supreme Court ruling
- Editorial: Top court clears up expectations for industry, NEB
- SCC resource decisions do not put blind faith in the NEB
- The Supreme Court’s message: Be very careful tampering with the National Energy Board
- Clyde River (Hamlet) v. Petroleum Geo-Services, 2017 SCC 40
- Chippewas of the Thames First Nation v. Enbridge Pipelines, 2017 SCC 41
Off the Bookshelf
"The bottom was always falling out of something in America far as I could see. So it is with the world, restless, kind of brutal. Always going on. Not waiting for 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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