Aboriginal Law Report
By Bruce McIvor
In my update this week: international trade deals, piecemeal infringement, right-wing fearmongering and much more.
This is a useful piece on the pros and cons of the Sixties Scoop agreement-in-principle.
The effect on international trade deals on Indigenous rights is an important topic.
- Opinion | Indigenous rights in NAFTA are not a social agenda
- Former New Zealand MP says Canada's new trans-Pacific trade deal may leave Indigenous Peoples defenceless
A Treaty 9 First Nation in Ontario is pursing duty-to-consult litigation over a mining authorization.
This piece is very good on the need for most people, and governments, to rethink what treaties are about.
If you are looking for misinformed fearmongering, read this.
- The Trudeau government signs on to give Aboriginals veto rights nobody else has
- Is Vancouver too tough for doing business, other than being the ideal retirement place?
Looking for yet another example of the piecemeal infringement of treaty rights, read on.
The duty to consult extends into the regulation of nuclear plants.
Not all Indigenous people support the tanker ban on the British Columbia north coast.
- B.C. First Nations raising funds to challenge west coast oil-tanker ban
- First Nations raising funds to challenge west coast oil tanker ban
Uncertainty about the Marshall decision lives on.
First Nations across the country face numerous obstacles in managing their own lands--here's an example.
This is a story about the effects of large dams that Indigenous people across Canada, and around the world, know all too much about.
Despite the recent duty-to-consult hearing challenging the project, a project in PEI is moving forward.
The federal government has established dozens of 'reconciliation' tables across the country--here's an example of progress at one of them.
- Whitecap Dakota First Nation, Canadian government sign framework agreement for Whitecap Dakota treaty
- Whitecap Dakota First Nation signs framework agreement for treaty with CanadaWhitecap Dakota First Nation, Ottawa sign framework agreement for treaty
This piece provides useful insights into the duty to consult and how governments operate.
This is a good article on how difficult it is for First Nations to stop mega projects.
From the Courts
A Vancouver Island First Nation filed a lawsuit based on the Douglas Treaties.
- Tsawout First Nation file claim to James Island
- B.C. First Nation sues for the return of $54 million private island
- Tsawout Notice of Civil Claim (thanks to my friends at DGW Law for sending this along)
Squamish Nation is appealing the recent decision against them on salmon allocation.
This is a good overview of the Courtoreille appeal recently heard by the Supreme Court.
Quote of the Week
The B.C. NDP "is dominated by environmental activists, social welfare advocates and professional protesters bent on strangling and taxing small and big business for the sake of advancing a radical environmental agenda with the fervour of scorched earth economic jihad."
Peter Guy, South China Morning Post
Off the Bookshelf
“One man can no more see into the mind of another than he can see inside a stone.”
Graeme Macrae Burnet, His Bloody Project (2015)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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