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

Aboriginal Law Report

November 18, 2018

By Bruce McIvor

This week's update includes jurisdiction over marijuana, pipelines, treaty rights and recreation, racism, and much more.
In the News

The marijuana jurisdiction issue is heating up, especially in Saskatchewan.

Here's more on the recent Williams Treaties settlement agreement in Ontario.

The man behind one of the most important treaty rights decisions passed away.

There was renewed criticism of the the federal government's new round of consultation on the Trans Mountain pipeline.

Indigenous Peoples across the country are working on new and creative agreements with government--here's an example.

The federal government's proposed rights recognition framework has been put on the back burner to simmer until after the next election.

There are a lot of Indigenous artists from across the country turning their creativity towards legal issues--here's one example.

The teaching of law at Canadian universities is undergoing fundamental changes.

With a new government in New Brunswick, he spectre of fracking has brought back disturbing memories and concerns about the future.

The Saskatchewan government continues to stoke the racist fires.

In northern Ontario forest management plans are raising important issues about treaty rights.

This is a fascinating ongoing story for anyone interested in the interplay between Treaty rights, recreation and ideas of 'wilderness'.

Proposed further amendments the Indian Act registration provisions are raising concerns.

With changes afoot for Canada's comprehensive claims policy, it's a good time to look back on the first modern treaty in British Columbia.

Significant changes are in store for environmental assessments in British Columbia.

From the Courts

The 60's Scoop settlement cleared another potential legal barrier.

For Indigenous Peoples interested in suing companies for historical trespass and nuisance this is an important case to watch.

The fact that this case went as far as it did evidences how Indigenous Peoples are often forced to fight rear-guard actions to protect previous legal wins.

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 Athabasca Chipewyan First Nation v Alberta, 2018 ABQB 262.

  • The Athabasca Chipewyan First Nation brought an application for judicial review of a decision of the provincial Alberta Consultation Office that the duty to consult was not triggered in respect of TransCanada’s Grand Rapids pipeline project. The court declined to grant a declaration as to whether the duty to consult was triggered in the circumstances but held that the ACO had jurisdiction to determine whether the threshold for triggering consultation had been met.

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

Follow us on   @firstpeopleslaw

Post a Comment