Aboriginal Law Report
By Bruce McIvor
The marijuana jurisdiction issue is heating up, especially in Saskatchewan.
- Cuthand: First Nation's dispensary raises issue of cannabis jurisdiction
- Province has jurisdiction over First Nation cannabis store: Sask. justice minister
- Dispute over pot shop on Sask. First Nation may hinge on jurisdiction, treaty rights | CBC News
- FSIN threatens more legal battles if province impedes Sask. First Nation's pot store | CBC News
- Indigenous communities have jurisdiction over pot rules: FSIN | CBC News
- Province urges Sask. First Nation to shut down unpermitted cannabis store on reserve | CBC News
- First Nations authority over cannabis hazy, legal experts say - The Lawyer's Daily
- 'We're winning on a number of fronts': 1st legal cannabis store on a Manitoba First Nation opens Wednesday | CBC News
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.
- Consulting on Trans Mountain pipeline while planning to build anyway is a ‘farce’: Saganash - APTN News
- Pipe Dreams: Energy East proved just how difficult Indigenous consultations can be
- First Nations express doubts, hopes for Ottawa's new Trans Mountain consultation effort | CBC News
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.
- Ottawa should abandon flawed Indigenous rights framework
- Senior bureaucrat said Canada planning a 'refresh' on rights framework legislation in 2019: Chief - APTN News
- Liberals won't table promised Indigenous rights recognition legislation in Parliament this fall | CBC News
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.
- He spent his life immersed in Indigenous law. Now he’s helping Canada’s next generation of lawyers change its course | The Star
- Canadian law schools trade moot courts for Indigenous land-based learning - Macleans.ca
With a new government in New Brunswick, he spectre of fracking has brought back disturbing memories and concerns about the future.
- 'Break out the signs': Shale gas foes take to the streets again | CBC News
- Fracking talk unearths bad memories for former Elsipogtog chief
The Saskatchewan government continues to stoke the racist fires.
- Indigenous people worry Saskatchewan trespassing plan may stoke racial tensions
- Researcher says Sask. government's trespassing laws survey was 'flawed' | CBC News
In northern Ontario forest management plans are raising important issues about treaty rights.
- Why an Ontario First Nation and conservation group want logging permanently banned on area land mass | CBC News
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.
- Kahnawake calls federal consultation plan on Indian registration a 'threat of assimilation' | CBC News
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.
- New rules for major resource projects in B.C. call for Indigenous consent
- B.C. adds aboriginal consultation to environment assessments
- New act will boost Indigenous participation in B.C. environmental assessments | CBC News
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.
- FSIN applauds acquittal of Indigenous hunter
- Supreme Court dismisses provincial appeal over Indigenous hunting rights | CBC News
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.
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