Aboriginal Law Report
By Bruce McIvor
After an extended break to spend time with family and friends, I'm back with my weekly report.
Once again, the Kinder Morgan pipeline met civil disobedience.
This is a good piece from Pam Palmater on the criminalization of the Aboriginal right to trade tobacco.
A British Columbia advisory panel released its recommendations on regulating fish farms.
- Fish farm companies should be required to get First Nations approval, B.C. advisory council recommends
These are two good pieces on racism and juries in Canada.
- How racial bias likely impacted the Stanley verdict
- A good first step towards diverse, impartial Canadian juries
The Manitoba-Minnesota Transmission Line is facing a second legal challenge.
Also in Manitoba, a benefit agreement between Manitoba Hydro and the Manitoba Métis Federation has bee side-swiped by politics.
On the west coast, the Heltsuk have a vision and plan to move beyond the rhetoric of reconciliation.
Here's the newest example of a First Nation forestry management agreement in northern Ontario.
Increased access into their territories, both legal and otherwise, is an important issue for Indigenous people--here's an example from Yukon.
From the Courts
The Federal Court released a decision relevant to TLE and specific claims in Saskatchewan.
The Solid Gold appeal is not proceeding in Ontario.
The Federal Court declined to grant the Kaska a series of declarations in their ongoing litigation against Canada--the matter will proceed to trial.
The B.C. Supreme Court released a decision of great concern to First Nations affected by their neighbours entering into a modern treaty.
- Gamlaxyeltxw v British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440
The Court agreed to postpone Blueberry River First Nations' obligation to pay court costs in advanced of their treaty infringement trial.
The B.C. Supreme Court has severed the Haida Aboriginal title into two phases.
Finally, the B.C. Court of Appeal granted leave to appeal in the Desautel cross-border Aboriginal rights case.
Off the Bookshelf
“The attempt and not the deed
Shakespeare, Macbeth (1606)
Download My Book
The new edition of my collection of essays on Canadian law and decolonization is available as a free download. Paperback copies are also available to order. Click here to check it out.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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