Aboriginal Law Report
By Bruce McIvor
In this week's update: marijuana, piece-meal treaty infringement, the duty to consult and much more.
In Saskatchewan, the regulation of medicinal and recreational marijuana is raising the issue of provincial jurisdiction.
Maritime shipping off the west coast raises the issues of environmental protection and Indigenous jurisdiction.
A proposed pipeline across northern British Columbia continues to draw First Nation opposition.
From the Courts
The Courtoreille duty to consult appeal was heard by the Supreme Court.
- First Nation's bid for a role in law-making goes before Supreme Court
- Cuthand: Court challenge to omnibus bills could bring better recognition of treaty rights
- Supreme Court case could lead to First Nations role in law-making
- Canada's top court dives deep into duty to consult issue
In PEI a duty to consult case was heard strikingly similar to the 2005 Musqueam golf course case from British Columbia.
- Mi’kmaq, PEI property rights dispute heads to court
- Mi'kmaq had no 'veto' over Mill River sale, government lawyer says
- Two Mi’kmaq First Nations fighting for rights in P.E.I. court
- Mill River land sale was hidden from Mi'kmaq, lawyer charges at hearing
- Mill River owner testifies he trusted province to clear title with Mi'kmaq
- Legal dispute could bring Mill River project to 'grinding halt,' lawyer warns
- UPDATE: P.E.I. government lawyers present arguments in Mi’kmaq Mill River land dispute
First Nations in northern British Columbia continue to oppose the Site C dam in the courts.
- First Nations Seek Injunction to Halt Site C Work
- ‘Deck Stacked’ Against First Nations Seeking Site C Injunction, Experts Say
- West Moberly and Prophet River First Nations file court claim to stop Site C
- First Nations file civil lawsuit against Site C project
A Treaty 4 First Nation has filed a lawsuit against Saskatchewan and Canada for treaty infringement similar to the Blueberry River First Nations' case for infringement of Treaty 8.
- Carry the Kettle taking feds, province to court over treaty rights
- Ottawa, Saskatchewan government sued over treaty rights
- Carry the Kettle Statement of Claim
The Robinson-Huron treaty annuity trial continued in northern Ontario.
Off the Bookshelf
"...we must judge men not so much by what they do, as by what they make us feel that they have it in them to do."
Samuel Butler, The Way of All Flesh (1903)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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