Aboriginal Law Report
By Bruce McIvor
Here's our report for the week ending October 29th.
New census data continued to fuel the debate about who are the Métis.
- 'How would you conceive of Métis identity?': Experts doubt population with historic Métis ties in census
- Aboriginal populations climb in B.C. and across Canada
- Ontario now home to Canada’s largest Métis population, census shows
- Court cases, changing society impacting Indigenous self-identity claims
- Metis Nation disputes Census data
- From moose hunting to nationhood: how a northern Ontario Métis man's court fight inspired his people
The law society in Ontario hired a former National Chief to advise it on improving relations with Indigenous people.
The Kinder Morgan pipeline continues to face opposition.
- Kinder Morgan mischief: 5 arrested following protest
- Kinder Morgan Canada appeals to regulator after it fails to gain Burnaby, B.C., permits
The fish farm debate continues in British Columbia.
- Op/Ed: An Indigenous Elder responds to column
- Les Leyne: Political battle over scientific quarrel
- Alexandra Morton: B.C. Agriculture Minister Lana Popham is right about fish farms
- Relocating fish farms a possible fix for standoff, B.C. minister says
- Vaughn Palmer: Time to reel in Popham's ministry for fish file review
- Ottawa denies B.C. minister's claims about fish farm complaint
In Nova Scotia the fallout from the infamous 'conquered people' legal argument continued in court.
The meaning and importance of so-called historical treaties continues to be one of the most important issues In Aboriginal law.
Anticipation is growing that the first Indigenous person will be named to the Supreme Court of Canada
- Hope for Indigenous Supreme Court justice swells as appointment recommendations loom
- Justin Trudeau should name an Indigenous justice to the Supreme Court: Editorial
A 60s' Scoop class action was filed in Yukon.
Canada's best known environmentalist called for action to protect caribou herds.
The legacy of mercury poisoning of Indigenous people in northern Ontario has no simple remedy.
- Northern Ontario mercury cleanup can shift a legacy 'from hopelessness to hopeful' advocate says
- Ontario 'chose to allow' poisoning of 2 northern First Nations, environmental watchdog says in report
In at least one northern Ontario town, 'Colonization Road' lives on.
Indigenous people in British Columbia commemorated their victory over a proposed LNG project.
- 'Our blood is still on the land': Tsimshian raise totem pole declaring victory over B.C. LNG project
Here's a good example of the invidious power of the Indian Act.
Parliamentarians visited the Northwest Territories to hear from Indigenous people about specific claims.
A Saskatchewan lawyer continued to raise concerns about lawyers charging residential school claimants unreasonable fees.
Here's a good backgrounder on the Haida Nation decision.
From the Courts
The Yukon Supreme Court released two important decisions on the negotiation of modern treaties.
- Whitehorse Daily Star: Ross River, Ottawa split in success over two decades-old lawsuits
- Canada acted in ‘good faith’ while negotiating with Ross River Dena Council, Yukon judge finds - Yukon News
- Yukon Supreme Court sides with federal gov't against Ross River Dena Council
- Ross River Dena Council v. Canada (Attorney General), 2017 YKSC 58
- Ross River Dena Council v. Canada, 2017 YKSC 59
The New Brunswick Court of Appeal approved of a narrow, restrictive interpretation of the test for Aboriginal rights.
The Supreme Court will release its decision in the Ktunaxa Nation case on November 2nd.
Quote of the Week
"You take away the salmon. You take away the people."
Off the Bookshelf
"...the only way to rectify the ravages that Indian bands have suffered is to stop looking for 'experts' and 'masterplans' and to refuse to except the presumption that Indians do not know what is in their best interests."
Noel Dyck, What is the Indian Problem: Tutelage and Resistance in Canadian Indian Administration (1991)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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