Aboriginal Law Report
By Bruce McIvor
In Manitoba, there is a renewed effort to clarify processes and expectations when the mining industry engages Indigenous people.
- New mining protocol unearths optimism
- New mining protocol would give First Nations clear right to say no: Manitoba government
- Manitoba mining protocol will ‘respect autonomy of the First Nations,’ says minister
In British Columbia, a re-vote is reminding many of the deficiencies of the modern treaty process.
- Historic B.C. treaty vote could transform future of Lheidli T'enneh First Nation
- Treaties used to divide and conquer
- Simpcw First Nation speak out on eve of key treaty vote
Piecemeal infringement that ultimately leads to extinguishment of treaty rights is one of the most pressing issues in Aboriginal law--here's an example.
Speaking of piecemeal infringement, here's another example.
- Alberta oil sands project wins regulator approval despite Indigenous objections
- Alberta tarsands project wins regulator approval despite Metis objections
Concerns about the re-negotiation of the Columbia River Treaty are mobilizing Indigenous Peoples on both sides of the 49th parallel.
The longest treaty-interpretation trial in recent memory is coming to an end in northern Ontario.
- 'It will validate the treaty': Why 21 Ontario First Nations are challenging Canada over $4 payments
- Cuthand: Treaty annuities need to be updated
- Lawyer’s one-act play highlights the Crown’s 1850 perspective on the Robinson Huron Treaty
Ontario First Nations are wondering what will change with the new provincial government.
- Don’t forget resource revenue sharing, treaty rights, says NAN council
- Rickford talks resource revenue sharing
- Doug Ford can’t bulldoze through First Nations to Ring of Fire, say Indigenous leaders
Will the federal government's proposed Indigenous Rights Framework ignore the big issues and institutionalize the status quo?
- A different PM Trudeau, same buckskin jacket. But where is the ‘real change’ for Indigenous peoples?
While we await its announced demise, the National Energy Board continues its hamfisted assessment of impacts on Aboriginal rights.
A cancelled deal with Manitoba Hydro continues the raise the question of how extensive are Métis rights in Manitoba.
The name may change, but the Kinder Morgan pipeline debate rages on.
- Will B.C.'s First Nations benefit or suffer from the Trans Mountain buyout? Depends on who you ask
- B.C. Chiefs Say They Don't Support Trans Mountain Pipeline Despite Signing Agreements
- Leaked letter reveals Kinder Morgan broke rules for months before Canadian officials noticed company put marine life in danger
- Varcoe: First Nations press for chance to buy stake in Trans Mountain pipeline
- First Nations look to buy equity in pipeline to have say in project's future
- Indigenous resistance, title make Trans Mountain pipeline extension ‘untenable,’ says economist
- B.C. chiefs say they don't support Trans Mountain pipeline despite signing agreements
Indigenous people continue to raise concerns about proposed drilling in the Gulf of St. Lawrence.
Gobsmacker of the Week
Is Paul Martin really this out of touch?
Best Article of the Week
Pam Palmater speaks truth to power like no one else.
Quote of the Week
"It’s long past time that pollsters stop asking Canadians if they like Indigenous peoples or agree with our rights...."
From the Courts
Two Treaty 9 First Nations were in court raising duty-to-consult arguments over an existing pipeline.
The Supreme Court confirmed that the Canadian Human Rights Tribunal cannot decide whether the Indian Act is discriminatory.
- Canadian Human Rights Tribunal cannot challenge discrimination in Indian Act: Supreme Court
- Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31
Update on Current Issues in Aboriginal Law Workshops
My cross-country series of free workshops for Indigenous people is up and running. The first workshop on June 6th in Whitehorse was a big success--lots of great discussion around the table and sharing of experiences and ideas. My second workshop was on June 14th in Dartmouth, Nova Scotia. Once again, it was a great day.
Thanks to everyone who participated in the workshops, to the Kwanlin Dun Cultural Centre for the use of its beautiful meeting room and to the Atlantic Policy Congress of First Nations Chiefs Secretariat for hosting us in Dartmouth. Below is a pic of the participants at our Dartmouth workshop.
No Report Last Week
Sorry about there being no update last Sunday--I was at family camp.
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.
For more First Peoples Law comments see our publications page