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

Aboriginal Law Report

December 9, 2018

By Bruce McIvor

This week's update includes Indigenous child welfare, the AFN Chiefs' meeting, pipeline controversies, the proposed tanker ban, oath taking and much more.
In the News

Major changes are in the works for Indigenous child welfare across the country

A Treaty 6 First Nation took a big step forward in its fight for recognition.

With the settlement signed, what next for Lubicon Lake?

This is a good piece on the mix of racism. denial, property rights and Treaty rights in Saskatchewan. 

I haven't read it yet, but this new book is likely to make an important contribution.

The Trans Mountain consultation train, phase two, continued to role.

Should the federal government hit the pause button on its proposed legislative changes for environmental assessments?

A long-simmering pipeline controversy in northern British Columbia flared up this week.

The provincial and federal government announced another agreement in their new modified approach to treaty making in British Columbia.

The Assembly of First Nation's annual winter meetings in Ottawa became the lightning rod for simmering disagreements.

A long-standing disagreement between a Northwest Territories First Nation and the Métis continues.

The Yukon government and a First Nation are at odds over an existing hydro-electric dam.

British Columbia First Nations were in Ottawa to support the proposed tanker ban on the north coast.

In Treaty 3, children and youth continue suffer from the effects of mercury poisoning. 

A northern Ontario Indigenous man's principled stand on oath taking is echoing through the chambers of power in Toronto.

A Treaty 8 First Nation continued to rollout its vision for life after the settlement of its treaty land entitlement negotiations.

Remember the Supreme Court's endorsement of British Columbia's environmental assessment review process in the 2004 Taku River decision? Jump forward 14 years to the reality of the mine that was at the centre of the decision. 

From the Courts

A Nova Scotia First Nation won a duty to consult case.

The Haida were unsuccessful in their appeal of a severance order in their Aboriginal title and rights litigation.

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 Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard), 2018 FC 334.

  • The Federal Court dismissed a motion for an interlocutory injunction by Namgis First Nation regarding a fish farm license. Although the Court found that Namgis had established a serious issue to be tried and a risk of irreparable harm, the balance of convenience favoured the respondents. 

Upcoming Speaking Engagements

December 13th: Don Colborne and my colleague Kate Gunn 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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