Aboriginal Law Report
By Bruce McIvor
The British Columbia provincial government forged a new path forward for fish farms, one that includes Indigenous consent.
- ‘This is all positive’ says chief in B.C. of salmon farm changes
- It's wild salmon health vs. money and jobs as B.C.'s fish farm fight comes to a head
- New Fish Farm Rules Set By BC Government
- Expiring fish farm tenures in B.C. could operate month-to-month, says Marine Harvest
- B.C. tourism operators call for cancellation of fish farms as deadline looms
- Dzawada'enuxw First Nation to push for removal of fish farms 'as soon as humanly possible'
- Four-year reprieve for fish farms draws praise and raises concerns
- Dzawada'enuxw First Nation seeks injunction to stop renewal of fish farm licences
- Five Critical Issues To Consider Before the Province Renews Fish Farm Licences
- B.C. fish farms to require First Nations approval starting in 2022
- B.C. seeks assurances from Ottawa wild-salmon stocks will be protected
- B.C. fish farms will require 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.
- Ontario First Nations vote on proposed treaty settlement
- Ontario First Nations set to vote on $1.1-billion treaty deal
The proposed Indigenous languages act inched closer to reality.
The federal government's Trans Mountain pipeline faces numerous obstacles and concerns.
- Purchases, permits and route hearings may stall Trans Mountain pipeline for years, say legal experts
- Justin Trudeau promised to protect indigenous rights. He lied, again | Khelsilem
- Indigenous protesters in Washington declare Trans Mountain won't be built
- Lack of pipeline consultation highlights historical wrongdoing in B.C. First Nation
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.
- The perpetual motion machine of specific claims made by First Nations
- Indigenous rights are not absolute
- Oil pipelines can be positive for indigenous people. Here's how
From the Courts
The Robinson Huron treaty interpretation trial wrapped up in Ontario.
- Important testimony summarized in final days of Robinson Huron Treaty court case
- Robinson Huron Treaty Annuity Case Final Arguments Conclude Tomorrow.
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.
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.
Review AgendaIdentify Additional Topics
Topics to discuss:
- Indigenous jurisdiction
- Aboriginal right infringement
- cross-border rights
- 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
- veto and consent
- comprehensive claims
- proposed Rights and Reconciliation Framework
- 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
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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