Aboriginal Law Report
By Bruce McIvor
Major changes are in the works for Indigenous child welfare across the country
- Labrador Indigenous groups applaud upcoming federal legislation on child welfare | CBC News
- 'A turning point': New Indigenous child welfare legislation will save lives says Philpott - APTN News
- Good Intentions on Indigenous Child Welfare — and Many Questions | The Tyee
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.
- Why guns are part of the wedge forming between First Nations, others in Saskatchewan
- Some First Nations taking a stand against armed conservation officers
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.
- B.C. First Nation to present oral evidence about Trans Mountain expansion impact
- B.C. First Nation eyes renegotiating benefit deal on Trans Mountain pipeline project | CBC News
- At new First Nations consultations on Trans Mountain pipeline, ceremony, tears — and accusations the fix is in
- David Staples: When it comes to building pipelines, things on track to get worse
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.
- Government document calls Unist’ot’en leader ‘aboriginal extremist’ - APTN News
- Leaders of Unist'ot'en Community were protecting their territory. TransCanada took them to court
The provincial and federal government announced another agreement in their new modified approach to treaty making in British Columbia.
- Agreement brings Ktunaxa closer to treaty with province, feds - Trail Daily Times
- B.C. Treaty Commission says new accord offers smoother, faster road to treaties - The Turtle Island News
The Assembly of First Nation's annual winter meetings in Ottawa became the lightning rod for simmering disagreements.
- Trudeau to address First Nation chiefs amid growing opposition to Indigenous rights framework - APTN News
- Ottawa to overhaul how it deals with First Nations historical claims | CBC News
- Trudeau praises government’s work, but chiefs and youth at AFN assembly challenge progress - APTN News
- Trudeau apologizes for First Nation consultation failures on Trans Mountain pipeline | CBC News
- First Nations chiefs call for apology after Trudeau’s ‘patronizing’ and ‘sexist’ comments on Trans Mountain
- Scheer booed by First Nations chiefs for not saying how he differs from Harper
- Grassy Narrows First Nation chief not 'a believer' in PM's reconciliation pledge | The Chronicle Herald
- Treaty 8 Grand Chief slams Jason Kenney's land sale plan
A long-standing disagreement between a Northwest Territories First Nation and the Métis continues.
- 'This is our land': K'atl'odeeche First Nation continues opposition to claims on traditional land | CBC News
- Maps and signs at the fore as Métis, KFN assert land rights
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.
- New report calls for 'urgent action' over mercury poisoning of Grassy Narrows youth, mothers | CBC News
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.
- Pictou Landing First Nation must be consulted on new Northern Pulp treatment plant: judge | The Chronicle Herald
- N.S. government must consult Mi'kmaq on financing of effluent plant, court rules | CBC News
- N.S. may appeal ruling on duty to consult Mi'kmaq in mill case | CBC News
- Pictou Landing First Nation v Nova Scotia (Aboriginal Affairs), 2018 NSSC 306
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.
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