Aboriginal Law Report
By Bruce McIvor
Here's our report for the week ending December 3rd.
To the disappointment of many, the federal government again failed to appoint an Indigenous person to the Supreme Court.
- Sheilah Martin named new justice to the Supreme Court of Canada
- Indigenous groups disappointed with PM's Supreme Court pick
- First Nations lawyers upset over Trudeau's Supreme Court pick
- Paula Simons: Appointment of Sheilah Martin to Supreme Court raises awkward ironies
Given this week's Supreme Court appointment, I republished a short essay I wrote on the issue over 3 years ago.
First Nations in British Columbia and Alberta await a decision on the future of the Site C dam.
- Opinion: Mythbusters, the BCUC, and the Site C dam
- Comment: The forgotten costs of the Site C dam project
- Indigenous groups in Alberta, N.W.T. say they've borne 'enormous costs' from B.C. dams, call for end to Site C
The federal government finally abandoned its court challenge to the Canadian Human Rights Tribunal's Jordan's Principle decision.
- Ottawa no longer going to court on First Nations health ruling
- Trudeau government withdraws court case on health care for First Nations children
- Liberals Drop Court Battle On First Nations Child Health Care
Here's an American Catholic view on the recent Ktunaxa decision.
Provincial boundaries aren't Indigenous boundaries--here's a prime example.
Will renegotiating NAFTA include recognizing Indigenous rights?
There were renewed calls for greater measures to ensure the implementation of modern treaties.
The federal government was urged to consider a new Royal Proclamation.
On the west coast the fish farm debate continued.
Thousands of people across the country misunderstand the law surrounding Indigenous identity and Métis rights--here's an example.
I relied on my personal history to try to explain the relationship between Aboriginal law and Indigenous identity
The issue of the duty to consult, non-status and First Nations arose in Prince Edward Island.
With more and more First Nations working on citizenship laws, this story from Quebec is extremely important.
The issue of implementing the Marshall decision in the Maritimes is not going away.
From the Courts
The Supreme Court released its long awaited decision in the Peel River Watershed duty to consult case.
- Supreme Court sides with First Nations, environmental groups in Yukon land dispute
- Supreme Court's Peel decision 'a victory for democracy,' First Nations say
- What Does Today’s Peel Watershed Ruling Mean for the Yukon – and Canada?
- High court sides with First Nations, environmental groups in Yukon dispute
- Whitehorse Daily Star: ‘This is a victory for Yukon,’ Silver says
- Canada’s Supreme Court Backs Indigenous Rights in Dispute Over Yukon Wilderness
- Peel decision 'a victory of democracy': Chief Roberta Joseph
- Supreme Court's Yukon land ruling welcomed as new chapter for territory
- Supreme Court rules in favour of Yukon First Nations in Peel watershed dispute
- First Nation of Nacho Nyak Dun v. Yukon, 2017 SCC 58
There was another instalment in one of the longest running duty to consult cases in Canadian history.
Quote of the Week
“We can’t continue on with the status quo. It’s not good enough. When? We keep asking the question, when?”
Scott Robertson, President of the Indigenous Bar Association on this week's Supreme Court of Canada appointment
Off the Bookshelf
"Systemic Bias: A tendency for the procedures and practices of particular institutions to operate in ways which result in certain social groups being advantaged or favoured and others being disadvantaged or devalued."
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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