Aboriginal Law Report
By Bruce McIvor
A British Columbia First Nation rejected a modern-day treaty for the second time.
- Lheidli T'enneh First Nation votes no to treaty
- Shuswap Tribal Nation Council wants treaty process overhaul
- Treaty rejection a blow for treaty commission
- Lheidli T'enneh First Nation votes no to government treaty
- Voting no to Lheidli T'enneh treaty was right choice
In case you missed it, here are my thoughts on what the Lheidli T'enneh vote might mean for the future of the current comprehensive claims process.
A major settlement was agreed to in Ontario.
Litigation is not a panacea, but this is a good example of it being used to leverage significant changes on the issue of the piecemeal infringement of treaty rights.
If the issue of provincial regulation of the on-reserve marijuana industry every gets to court, there will likely be arguments of Indigenous sovereignty vs 'safety'.
Sad see to lawyers getting in the way of this important settlement for indigenous people.
The membership debate going on at Kahnawake raises important issues for all Indigenous people.
It's quite ironic that it was relatively easy for settlers to acquire title to Indigenous land, but it's very difficult for them to give it back.
If you're on Twitter, checkout Ryan McMahon's feed--he has some very funny tweets about this story.
Here are two good examples of moving beyond the duty to consult and towards creating space for Indigenous decision-making.
- B.C. government and 3 First Nations agree to cooperate on fish farms decisions
- First Nations to co-manage much of B.C. coast under new agreement
A lot of Aboriginal law in Canada has its roots in direct action--here's an example of what it means on the ground.
Despite failing two federal environmental reviews, this zombie mining company fights on--when is the British Columbia government going to put an end to it?
- Tsilhqot’in court challenging proposed New Prosperity Mine drilling permits
- Tsilhqot’in back in court in fight over Fish Lake as Taseko Mines readies for exploration
This looks like an example of a government trying to use the courts to further limit treaty rights.
- FSIN calls province's moose hunting court appeal 'disturbing'
- Sask. to appeal Aboriginal hunting decision to Supreme Court
This is a very important treaty interpretation case to follow regarding Treaty 7.
Here's a review of Sarah Cox's Breaching the Peace on the Site C dam.
Finally, this is my favourite story of the week.
From the Courts
Another example of the limits of the duty to consult.
- Mi'kmaq challenge of Mill River Resort sale dismissed in court
- Judge dismisses Aboriginal bid to block sale of P.E.I. golf course
- Mi’kmaq of P.E.I. v. Province of P.E.I. et al., 2018 PESC 20
The Qalipu Mi'kmaq membership debacle in Newfoundland is a prime example of why the federal government has to get out of the business of making 'Indians'.
- Court ruling puts more scrutiny on Qalipu Mi'kmaq First Nation enrolment process
- Benoit v. Federation of Newfoundland Indians, 2018 NLSC 141
Off the Bookshelf
If you're looking for a thorough, readable and reliable summary of Aboriginal law, pickup a copy of Jim Reynolds' new Aboriginal Peoples and the Law: A Critical Introduction. Congrats to Jim on a great publication of huge benefit to us all.
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.
Identify 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.