First Peoples Law is dedicated to defending and advancing Indigenous peoples' Aboriginal title, rights and Treaty rights.

Aboriginal Law Report

June 24, 2018

By Bruce McIvor

In this week's update fish farms and Indigenous consent, drones, the Columbia River Treaty, three Rotten Tomato Awards and much more.
In the News

The British Columbia provincial government forged a new path forward for fish farms, one that includes Indigenous consent.

A Yukon First Nation took another step in asserting jurisdiction over its territory.

The NEB hearing for an electricity-sale deal to the U.S. ended in Winnipeg.

First Nations on British Columbia's north coast are going to have a bigger role in managing the marine environment.

Indigenous Peoples in British Columbia are unified in their demands for a significant role in the re-negotiation of the Columbia River Treaty. 

The use of drones for hunting is a hot topic in the Northwest Territories.

First Nations in Ontario voted on a deal to settle a long-standing treaty dispute.

The proposed Indigenous languages act inched closer to reality.

The federal government's Trans Mountain pipeline faces numerous obstacles and concerns.

A Northwest Territories First Nation is frustrated with the slow approval process for redeveloping a mine site south of Great Slave Lake.

The cumulative effects issue is at the forefront of proposed changes to British Columbia's environmental assessment process.

The intentions here are admirable but the simple fact these changes are needed underscores the reality of law societies across the country—too often Indigenous people are on the outside looking in.

Rotten Tomato Award

It was a big week on the misinformation front. Unable to decide which of these articles was the worst, I've included all three.

From the Courts

The Robinson Huron treaty interpretation trial wrapped up in Ontario.

In a decision of interest to everyone affected by communal fishing licences, the Nova Scotia Supreme Court rejected the principle that the Crown must consult as part of enforcement measures.

Workshop Update

There are new dates and new venues for my cross-country series of free workshops for Indigenous people (see below). Here's the agenda--I modify it slightly based on the location.

AGENDA

Introductions

Review Agenda

Identify Additional Topics

Topics to discuss:

  • Indigenous jurisdiction
  • Aboriginal right infringement
  • cross-border rights
  • overlaps
  • treaty infringement
  • Metis rights

Lunch Break (lunch provided)

  • delegation of duty to consult
  • administrative tribunals
  • obligation to provide capacity funding
  • environmental assessments
  • cumulative effects/existing infringements
  • duty to consult and legislation

Coffee Break

  • UNDRIP
  • veto and consent
  • comprehensive claims
  • proposed Rights and Reconciliation Framework

Closing Comments

Workshop Schedule

  • June 6th, Whitehorse, Yukon (thanks to those who attended)
  • June 14th, Dartmouth, NS (thanks to those who attended)
  • July 5th, Peguis, MB
  • July 10th, Kamloops, BC
  • July 12th, Williams Lake, BC
  • July 19th, Winnipeg, MB 
  • August 2nd, Fort Rupert, BC
  • August 7th, Sisika, Alberta
  • August 15th, Moncton, NB
  • August 23rd, Regina, SK
  • November 1, Saskatoon, SK
  • November 21, Montreal, Quebec
  • Vancouver, TBD (we might have 2 workshops due to high demand)
  • Victoria, TBD (we might have 2 workshops due to high demand)
  • Thunder Bay, TBD, but likely in September
  • Toronto, TBD
  • Edmonton, TBD

To register for a workshop directly.

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.

I also have paperback copies available for free to non-profit Indigenous organizations in Canada for the cost of shipping.  if you would like some copies.

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

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