Aboriginal Law Report
By Bruce McIvor
Here's our update for the week ending September 10th.
The National Energy Board's review of the Energy East pipeline project is on hold.
- Energy East pause puts Liberal argument on environment and pipelines in question
- John Ivison: Trudeau’s Liberals have kept all the pipeline promises they intended to keep
- Energy East decision ‘a victory’
- Politicians spar over Energy East as NEB suspends pipeline review
Indigenous people continued to express their opposition to the Kinder Morgan pipeline.
- Indigenous protesters build tiny homes in path of Trans Mountain pipeline
- First Nation’s tiny house symbolizes resistance to pipeline
- Major Vancouver rally planned against Kinder Morgan pipeline
- First Nations will protest, but Trans Mountain pipeline a done deal, Liberals say
The Robinson-Huron Treaty was the subject of an annual gathering in northern Ontario.
The Métis Nation of Alberta and the provincial government have a meeting planned for October 5th to discuss consultation.
The federal government announced its intention to overhaul the specific claims process.
- Ottawa pledges 'complete overhaul' of specific claims to promote reconciliation with Indigenous peoples
This is a very good piece from The New Yorker on the difference between rhetoric and substance.
British Columbia coastal First Nations continued their opposition to salmon farms.
The new British Columbia provincial government continued the tradition of an annual meeting with Indigenous leaders
- Indigenous Relations Optimism
- B.C. Cabinet meets with First Nations
- First Nations hopeful new B.C. government's pledges are more than 'hollow words'
Here's a good piece from an Indigenous leader on stewardship, sustainability and economic development.
In Ontario, nuclear power has run up against Indigenous power.
Finally, Prof. Doug Harris at UBC Law has published an interesting new article on sovereignty and Indian reserves.
- Douglas C Harris, “Sovereignty and Property: An Indian Reserve and a Canadian City” (2017) 50:2 UBC Law Review 321
From the Courts
The Desautel appeal regarding cross-border Aboriginal rights was heard at B.C. Supreme Court
The federal government abandoned its opposition to an important decision from the Specific Claims Tribunal.
- Canada accepts Tribunal decision for Huu-ay-aht First Nations
- Canada upholds decision on First Nations compensation for logging
The issue of Aboriginal title claims and fee simple land interests was recently considered by the B.C. Supreme Court.
In an interesting decision involving judicial notice of historical facts, the Federal Court of Appeal sent a Specific Claims Tribunal decision back to the Tribunal for reconsideration.
The issue of who can represent Indigenous people in court is getting more and more attention across the country--here's a recent decision on the issue from British Columbia.
Quote of the Week
“In Canada, hypocrisy is a uniquely potent force. Saying sorry and not meaning it is what we are best at."
Off the Bookshelf
"I get things wrong, as I read, and in those mistakes, sometimes, I find incredible things that are right. In these mistakes I find myself, often."
Jose Eduardo Agualusa, A General Theory of Oblivion (2012)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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