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

Aboriginal Law Report

November 4, 2018

By Bruce McIvor

This week's update includes jurisdiction over pot sales, racism, rights recognition, Mikisew, ticked off Métis in Manitoba, night hunting and much more.
In the News

Whither the Trans Mountain pipeline?

Now that marijuana is legal, First Nation jurisdiction is a hot issue. 

The recent Supreme Court Mikisew decision continues to precipitate debate.

Dispatch from the federal government's proposed rights recognition framework--I'm not dead yet.

The Saskatchewan government continues to ramp up tensions with Indigenous people.

Alberta Conservatives appear more focused on division than reconciliation. 

Treaty 8 First Nations are not giving up their fight against the Site C dam.

A newly approved diamond mine in Saskatchewan continues to attract controversy.

The relationship between the Manitoba government and the Manitoba Métis Federation is deteriorating.

The Primer Minister was in Tsilhqot'in territory to address an historic wrong.

First Nations in Treaty 9 are waiting to find out what the new Ontario government's plan is for the Ring of Fire.

A proposed night-hunting ban is raising concerns in Manitoba.

Treaty 3 First Nations are coordinating their response to a proposal to twin the Trans Canada highway near the Manitoba/Ontario border.

A Saskatchewan First Nation and the federal government have settled a major outstanding claim.

From the Courts

The legal fall out from Muskrat Falls dam demonstrations continued.

Quote of the Week

"Canadians need to get off their high horse of moral superiority and realize that Saskatchewan is badly divided along racial lines and is becoming Mississippi North."

Doug Cuthand

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 Canada (Canadian Environmental Assessment Agency) v. Taseko Mines Limited, 2018 BCSC 1034.

  • Canada brought a petition for an order pursuant to CEAA 2012 enjoining Taseko from proceeding with certain mining-related work pursuant to provincial authorizations.
  • Taseko brought a petition for a declaration that CEAA 2012 did not apply to work authorized by the province.
  • The Court dismissed Canada’s injunction petition and declined to grant Taseko’s request for declaratory relief.

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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