First Peoples Law is dedicated to defending and advancing Indigenous peoples' Aboriginal title, rights and Treaty rights.

Aboriginal Law Report

October 1, 2017

By Bruce McIvor

Here's our update for the week ending October 1st.

In the News

Indigenous people continue to face the threat of mercury poisoning.

The debate about the purpose and implications of the INAC split continued.

Gaming and taxation continues to be an important issue in the Maritimes.

On the west coast, opposition to fish farming continued.

From Alberta to the Maritimes the question is the same--whither Energy East?

The Kinder Morgan pipeline faced challenges on several fronts this week, including threats to its construction timeline, a loss at the Federal Court of Appeal (see below) and the looming court challenge to its federal government approval.

There were contrasting reports from Alberta and Saskatchewan on the oil and gas industry.

The 'cows and ploughs' financial settlement is making its way across Treaty 8.

The effect of Marshall decision and the meaning of 'moderate livelihood' is still unresolved in the Maritimes. 

Here's a good piece on the range of views on commercial fishing in northern Ontario.

In Montreal two well-respected scholars discussed UNDRIP and Aboriginal rights.

Policy Options continued its series on the Indian Act with pieces on treaties and governance..

'Collaborative consent' was trending on Twitter this week (at least in my circles).

Canadians often look south to Aotearoa for good ideas that might work at home.

The Métis have said no to night-hunting in southern Manitoba.

Finally, this was by far my favourite piece of the week (sorry CBC fans).

From the Courts

Almost 120 years after the fact, we finally got some clarity on the western boundary of Treaty 8.

The Kinder Morgan pipeline suffered a major defeat at the Federal Court of Appeal.

The trial began on the issue of the $4 annual payments under the Robinson Huron treaties.

Indigenous people bear an unfair burden in holding government to account through the courts--here's an interesting decision on allocating court costs.

Quote of the Week

“As long as we keep damaging our rivers, as long as we keep preventing things from growing, as long as we’re blocking out or changing the sun in a way that then impacts our climate, then we are not living by our treaties.”

Dr. John Borrows

Off the Bookshelf

"He has put a knife on the things that held us together and we have fallen apart."

Chinua Achebe, Things Fall Apart (1958)

Thank You

A big thank you to all my colleagues who identified me as one of the leading Aboriginal law practitioners in Canada in both the annual Chambers Canada and Lexpert surveys.

Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation.  Download Bruce's bio.

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