Aboriginal Law Report
By Bruce McIvor
The Kinder Morgan pipeline debate has escalated to a new level of rancour and divisiveness.
- B.C. First Nation says passage of Trans Mountain project through reserve not done deal, others weigh options
- Trudeau government won't rule out using force to build Kinder Morgan's pipeline
- First Nations of Quebec-Labrador affirm opposition to Kinder-Morgan pipeline | Life in Québec
- Canada’s Bizarre and Destructive Descent Into Petro Politics
- Feds to take financial, legislative steps to put Kinder Morgan on track
- Trudeau gives his definition of 'national interest': Chris Hall
- Jim Carr ‘confident’ he can keep his promise to Tsleil-Waututh Nation and support Kinder Morgan
- Trudeau vows financial backing, legislation to save Trans Mountain pipeline
- Soaked or sued: what’s Kinder Morgan’s real end game?
- Trudeau brushes off pipeline protest in London ahead of meetings with Queen, Theresa May
- Mike Smyth: Not all First Nations oppose Kinder Morgan pipeline expansion
- High-ranking federal officials sped up Trans Mountain review after phone call from Kinder Morgan's Ian Anderson
- Grand Chief Stewart Phillip accuses Justin Trudeau and Rachel Notley of brazenly ignoring First Nations rights
- Don’t Take the Bait: Kinder Morgan Is Playing Canada
- Mayors, First Nation leaders vow to continue opposition to Kinder Morgan pipeline
- Nationalizing Kinder Morgan's Trans Mountain pipeline is a terrible idea
- Who’s defending Canada’s national interest? First Nations facing down a pipeline | Martin Lukacs
- There are parts of Canada's national interest that Trudeau didn't talk about
- Anti-pipeline leaders to update Trans Mountain stance after Trudeau's meeting with premiers
- 'Underestimating the Opposition,' Trudeau Doubles Down on Kinder Morgan Pipeline Push
This series of articles is specific to the legal dimensions of the Kinder Morgan pipeline debate.
- First Nations court challenges hang over $7.4-billion Trans Mountain pipeline
- Environmental, First Nations authority over Trans Mountain pipeline unclear: legal experts
- B.C. Is Taking the Kinder Morgan Question to Court. Here’s What you Need to Know.
- B.C. says it will file pipeline reference case in Appeal Court by April 30
- Constitution allows B.C. to regulate, but not stop, national pipeline: experts
- Squamish, Tsleil-Waututh vow to continue pipeline fight
Yukon First Nations are standing on and defending their title.
On the west coast, the fish farm debate continues.
Given all the important work done this week at the UN by Indigenous people, it's a good time to draw your attention to Paul Joffe's sharp critique of a corporate-side analysis of UNDRIP.
- Commentary - UN Declaration on the Rights of Indigenous Peoples - Canadian Friends Service Committee (Quakers)
First Nations across the country are debating the pros and cons of marijuana production.
- Decolonizing cannabis: can legalization set Indigenous communities free?
- Indigenous Communities Fight To Set Their Own Marijuana Laws
This is a good piece on the inadequacies of the federal government's amendments to the registration provisions of the Indian Act.
Another 'cows and ploughs' settlement was announced.
Indigenous issues might play an important part in the upcoming Ontario provincial election.
I received an unprecedented number of angry personal attacks from people (all men) in the construction and oil & gas industries when I posted this piece on Linkedin.
The demand for an apology from the Pope is not going away anytime soon.
- Bishops push back on planned House of Commons motion seeking Papal apology for residential schools
- First Nations leader says Catholic bishops misused his words in letter about papal apology
- Bishops try to clarify Pope's refusal to apologize for residential schools
LNG may be down, but it's not out in British Columbia.
Here are some thoughts from the Justice Minister on the Charter and section 35.
The issue of child welfare law and Indigenous identity is of national importance.
- ‘Our kids die in the child welfare system.’ The Métis Nation warns it’s losing kids at an alarming rate
Quote of the Week
"Making unilateral decisions about projects on unceded Indigenous territories is the exact opposite of reconciliation,"
Grand Chief Stewart Phillip
From the Courts
The most important, and longest, Aboriginal right infringement decision in Canadian history was released.
- B.C. First Nation wins right to its own commercial fishery
- Court clears way for commercial Indigenous fishery in B.C.
- Court ruling could impact sport fishery
- Ahousaht Indian Band and Nation v Canada (Attorney General), 2018 BCSC 633
The B.C. Court of Appeal decided the issues to be argued in an important cross-border rights case.
- R. v. DeSautel, 2018 BCCA 131
Off the Bookshelf
"We can overcome division only by refusing to be divided. That is a personal decision but then a social action."
Raymond Williams, The Country and the City (1973)
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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