Aboriginal Law Report
By Bruce McIvor
The federal government announced a 22-week deadline for the National Energy Board to consider the effect of increased tanker traffic due to the proposed Trans Mountain pipeline--no word yet on what it plans to do re the duty to consult.
- Feds launching new review of Trans Mountain oil tanker traffic | The Star
- Cool reception from B.C. opponents on order to reconsider Trans Mountain pipeline
- Skepticism abounds in Alberta as Ottawa launches new Trans Mountain review
- No guarantee all Indigenous concerns about Trans Mountain will be addressed, minister says | CBC News
- Trans Mountain pipeline plan coming by end of month, possibly guided by former judge: source
These are good backgrounders on why the federal government failed in its consultation over the Trans Mountain pipeline.
- Canada aims for the minimum on Indigenous consultation
- Duty to consult First Nations was clear. How did the government miss the mark?
We've all seen a lot of outrageous news stories over the years, but this one ranks right up there.
- Alberta education minister apologizes for 'hateful' school resource about the 'positive effect' of residential schools
- Alberta education minister apologizes after test asks students about 'positive effect' of residential schools | CBC News
- Alberta Distance Learning Centre apologizes after test asks students to identify ‘positive effect’ of residential schools | The Star
- Discredited social studies lesson on residential schools cartoonish, simplistic, say experts
The recognition of Indigenous rights in a re-negotiated NAFTA appears to be less and less likely.
- Bellegarde pushes Liberals to save parts of Indigenous chapter in NAFTA deal - The Turtle Island News
A First Nation in Nova Scotia says it was missed when consultations occurred over a proposed LNG facility.
- Proposed Goldboro LNG plant could be in jeopardy over Mi'kmaq consultations | CBC News
- First Nation group says it wasn't properly consulted on Goldboro LNG
First Nations across the country are increasingly frustrated with provincial governments' lack of respect for their right to manage their own territories.
- TNG block roads, question gov’t on moose hunt - 100 Mile House Free Press
- First Nations take steps to blockade moose hunt - Williams Lake Tribune
Here's an example of Indigenous people's hard work to education industry on consent-based relationships.
Specific claims with a value of more than $150 million are especially difficult to settle--here's one that is proceeding to a ratification vote.
Reserve land designations sometimes become the focal point for fundamental disagreements over competing visions for a community's future.
Here's more on a recent major settlement in Ontario.
- Williams Treaty resolution gives hope to Six Nations outstanding court action - The Turtle Island News
- Seven Ontario First Nations settle $1.1 billion Williams Treaty - The Turtle Island News
Indigenous Peoples across Canada have borne the brunt of the negative effects of hydro-electric development.
Here's a behind the scenes look at the federal government's handling of Indian Act registration.
Occasionally, specific claim settlements create rifts within communities.
Governments and proponents always promote the economic benefits of proposed resource extraction projects--this story sheds light on the cruel reality of what they too often mean for Indigenous communities.
- Mining, energy projects near Indigenous communities undermine womens' safety, experts tell MMIWG inquiry | CBC News
In this piece a non-Indigenous lobster exporter says that for him and his association, reconciliation means including the Mi'kmaq in a single fishery "on the same basis that everybody else does here," Are these people wilfully ignorant of history and the law?
Talking about ignorance, this piece from the west coast highlights the fundamental lie that somehow non-Indigenous people in B.C. acquired the legal right to Indigenous land.
Rotten Tomato Award
Here's the most uninformed, pernicious article of the week.
Quote of the Week
"We just want to use our time-honoured rights to enjoy the land we own.”
Leonard Lee, president of the Pender Harbour Chamber of Commerce
We have close to 60 people registered for my workshop on September 25th in Thunder Bay. A big thank you to the Nokiiwin Tribal Council for hosting.
Last week I had the honour to join a wonderful group of Indigenous lawyers, educators and leaders for the Competency for Lawyers CLE in Vancouver. I gave a talk on "Racism and Implicit Bias in the Legal Profession." One of the highlights of the conference for me was the panel of Indigenous colleagues speaking about what competency for lawyers means to them.
October 5th: I'll be at the Canadian Museum of Nature in Ottawa as part of a panel at the National Forum on Indigenous Peoples and Mining.
October 10th: On behalf of the Indigenous Bar Association, I'll be presenting a legal review of the federal government's proposed new access to information legislation (Bill C-58) at the National Claims Research Workshop in Halifax.
November 22rd: I'll be in Montreal at the ADR Institute of Canada's annual conference on a panel with a great group of Indigenous lawyers and leaders to speak on the issue of Indigenous jurisdiction and the Canadian constitution.
December 13th: Don Colborne and I will be presenting a session on the negotiation and mediation of specific claims at the PBLI's Specific Claims Conference in Vancouver.
For 100 years Shoal Lake #40 First Nation has been isolated on a man-made island due to the City of Winnipeg's use of Shoal Lake as its water source. On Friday, after years of community perseverance and hard work, the community's Freedom Road reached the Trans Canada highway. Thanks to Merlin Sandy Jr. and Cuyler Cotton for the photos.
A big thank you to my colleagues who have done me the honour of once again recognizing me in the international rankings of leading Aboriginal lawyers in Canada. Congrats to my friends who were also recognized.
Download My Book
The new edition of my collection of essays on Canadian law and decolonization is available as a free download. So far we've had close to 5000 downloads from around the world. 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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