Aboriginal Law Report
By Bruce McIvor
The Trans Mountain pipeline debate continues.
- Protest by pipeline opponents dangling from Vancouver bridge ends
- Why building a pipeline on Indigenous land is complicated even if you own it
- Alberta, B.C. First Nations to talk buy-in on Trans Mountain pipeline
- We’ve got new Trans Mountain data and we’re sharing it
Despite comments from the provincial government, the teepees in Regina are not going anywhere soon.
- 'They'll decide when the teepees come down,' says FSIN chief of protesters
- FSIN chief shows support for Saskatchewan legislature teepee protest
Here are two examples of the long and arduous path Indigenous people walk in reclaiming control of their land.
- 'Long overdue' that Missanabie Cree First Nation gets reserve status, chief says
- 'A nice day for Kahnawake,' as Canada returns land to Mohawk territory
A proposal to dump pulp mill waste into Northumberland Strait has galvanized Indigenous and non-Indigenous protestors.
- Northern Pulp effluent pipe protest draws hundreds to Pictou
- Protesters rally against Northern Pulp effluent pipe
- Protesters gather for the #NoPipe rally in Pictou
- 'No pipe' protest forging new alliances along Northumberland Strait
Here's an infuriating example of the type of day-to-day racism endured by Indigenous people across he country.
After years of study and sacrifice to be called to the bar, Indigenous lawyers across the country face entrenched systemic racism from their own law societies.
Here's more on the Ontario Law Society's report on the failings of the implementation of the Indian Residential Schools Settlement Agreement.
The federal government's exclusion of Indigenous Peoples' from direct participation in the renegotiation of the Columbia River Treaty puts the lie to the rhetoric of reconciliation.
Here's an example of one of the federal government's dozens' of 'rights recognition' tables (also know as 'Joe Wild tables').
The settlement of the Treaty 8 'cows and ploughs' claims is of interest to many First Nations.
A group of residential school survivors won the right to have their claims assessed.
From the Courts
Canada's most infamous zombie mining company was once again told to stop messing with Indigenous lands.
- B.C. First Nation injunction to stop exploratory mine drilling a victory Chief says
- Tsilhqot'in Nation's court win halts Taseko exploration drilling for Prosperity mine site
The Squamish Nation is appealing its unsuccessful challenge to the provincial environmental assessment certificate for Trudeau's Trans Mountain pipeline.
In an important test of their shared decision-making agreement with British Columbia, the Haida were unsuccessful in their bid to stop logging at Collision Point on Haida Gwaii.
- Council of the Haida Nation v British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), 2018 BCSC 1117
Stops of Interest
This week I stopped at the Old Stone Church at St. Peters on the Red River in Treaty One. Check it out on Youtube.
I was fortunate to be invited to Peguis First Nation in Manitoba last week to hold one of my workshops on current issues in Aboriginal law. It was another great day of discussion and sharing of experiences and challenges.
Here's the agenda for the workshops--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.