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

Aboriginal Law Report

July 8, 2018

By Bruce McIvor

In this week's update: pipelines, residential schools, systemic racism, zombies and much more.
In the News

The Trans Mountain pipeline debate continues.

Despite comments from the provincial government, the teepees in Regina are not going anywhere soon.

Here are two examples of the long and arduous path Indigenous people walk in reclaiming control of their land.

A proposal to dump pulp mill waste into Northumberland Strait has galvanized Indigenous and non-Indigenous protestors.

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.

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. 

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.

Workshop Update

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.

This coming week I'm holding two workshops, one in Kamloops on Tuesday and another in Williams Lake on Thursday. If you'd like to register, please directly.

Here's the agenda for the workshops--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 Book of Essays

 

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