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

Aboriginal Law Report

October 28, 2018

By Bruce McIvor

This week's update includes news about the Trans Mountain pipeline, the Mikisew decision, marijuana, the 'Eastern Métis', a Stop of Interest from Winnipeg and much more.
In the News

The approval of a new diamond mine in Saskatchewan has raised concerns.

This piece tracks the growing use of 'Indigenous'.

Here's an international perspective on whether the federal government is fulfilling the TRC's call to actions.

This piece highlights the importance of traditional foods.

First Nations in Manitoba are capitalizing on the legalization of marijuana.

Whither the fed gov's rights recognition framework?

In the aftermath of the Mikisew decision, this piece on UNDRIP, legislatures and Indigenous representation is particularly relevant. 

Grand Chief Arlen Dumas weighed in Mikisew and UNDRIP.

There is no shortage of criticism for the National Energy Board's further review of the Trans Mountain pipeline.

Finally, controversy continues to swirl around the 'Eastern Métis.'

From the Courts

In court, the continued development of Site C dam won out over protecting treaty rights.

Opponents of the Muskrat Falls hydro dam were in court in Happy Valley-Goose Bay.

An Ontario court will hear an Indigenous perspective on the provincial government's changes to the education curriculum.

Stops of Interest

This week I discuss the duty to consult from outside the former Kapyong Barracks in Winnipeg.


Year in Review

Kate Gunn and I are continuing our yearly case law review. In early January we'll publish a collection of short summaries of all the major decisions from 2018 along with a collection of case comments and critical essays. Sign up for our blog to receive the publication as a free electronic file.

Here's our summary for Giesbrecht v. British Columbia, 2018 BCSC 822, one of the more troubling procedural decisions of the year.

  • Kwikwetlem First Nation brought an application to strike portions of the response to civil claim of the Province and Metro Vancouver alleging that the plaintiff’s Aboriginal title had been “displaced” by grants in fee simple.
  • The Court found that it was not plain and obvious that the defences would fail, and dismissed the application to strike.

Upcoming Speaking Engagements

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 6th: I'll be part of an Osgoode Hall webinar panel on the Mikisew decision moderated by my colleague Kate Gunn.

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.

March 1st: I'll be speaking on "Strategic Infringement Claims," at the PBLI's Consultation & Accommodation Conference in Vancouver. 

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.

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 bio.

For more First Peoples Law comments see our publications page

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