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

Aboriginal Law Report

November 25, 2018

By Bruce McIvor

This week's update includes treaties old and new, environmental assessment legislation, marijuana, another instalment of my Stops of Interest and much more.
In the News

The marijuana debate continued.

Mi'kmaq in Nova Scotia withdrew their opposition to a proposal to refurbish a hydro dam.

The Yukon Umbrella Final Agreement was touted as an exemplary model for treaty making.

The federal government's proposed overhaul of environmental review legislation has found support among Alberta First Nations.

Proposed new environmental review legislation in British Columbia is receiving mixed reviews.

The fight against the Site C dam isn't over.

Manitoba will review its gaming policy.

In Saskatchewan, Indigenous people are working hard to educate the provincial government about the spirit and intent of treaties.

The federal government's second round of consultation on the Trans Mountain pipeline is attracting criticism.

Here's an example of one First Nation looking to capitalize on a TLE settlement to stimulate economic development.

Whither the Ring of Fire?

60's Scoop sharing circles in Saskatchewan are stirring painful memories.

The Qalipu Mi'kmaq First Nation membership debacle continues.

From the Courts

A Treaty 4 First Nation was in court to argue that it is actually the result of the forced amalgamation of two Treaty First Nations.

The Tsilhqot'in Nation Government was at the BC Court of Appeal to argue its appeal of a lower court decision which allowed a mine drilling program to proceed--see Canada (Canadian Environmental Assessment Agency) v Taseko Mines Limited, 2018 BCSC 1034.

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 R. v. Martin, 2018 NSSC 141.

  • The Crown appealed a decision staying charges against two individuals convicted of fishing in contravention of an Aboriginal Communal Fishing License on the basis that the Crown had failed to discharge its duty of “enforcement consultation.” The court found that in the circumstances the Crown had a duty to consult the First Nation prior to taking enforcement action in respect of the licenses, and that the duty had been discharged.

Stops of Interest

The importance of the Supreme Court's decision in Williams Lake Indian Band v. Canada.

Upcoming Speaking Engagements

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 for Free

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.

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