Aboriginal Law Report
By Bruce McIvor
In the News
Indigenous opposition to federal policy took place across the country.
- The white paper 2.0 needs to be stopped say Indigenous leaders - APTN News
- 'We will fight it': Winnipeg protesters march against federal legislation they call 'White Paper 2.0' | CBC News
- Indigenous rights framework will eliminate nation-to-nation relationship with Canada, protestors say (8 photos)
- First Nations march in Toronto to defend inherent, treaty rights - APTN News
A hydro agreement was signed in Northern Quebec.
- ‘Historic’ $125 million Hydro-Quebec project will bring renewable energy to the far north - APTN News
- Nunavik community to make the jump from diesel to hydroelectricity | CBC News
Manitoba unveiled an Indigenous consultation protocol for mining projects in the province.
- Manitoba outlines new consultation plans for mineral development
- Mining framework promises improved First Nations negotiations, but Metis Federation says it wasn't consulted | CBC News
- Pallister, Trudeau discussed 'differing views' on reconciliation, consultation at Ottawa meeting | CBC News
The federal government released its plans for Atlantic salmon conservation.
The Fort McKay Métis declared self-governance.
Blueberry River First Nations began their Treaty rights trial.
- ‘The Crown promised’: First Nation taking province to court over treaty rights
- Blueberry First Nations back in court over industrial development - Energeticcity.ca
Grassy Narrows First Nation received visits from the UN and Ottawa.
- Grassy Narrows residents welcome visit by UN-appointed investigator | The Star
- Mercury treatment centre in limbo for Grassy Narrows - APTN News
- Indigenous Services Minister unexpectedly leaves Grassy Narrows without agreement on mercury health facility | CBC News
- UNDRIP Bill C-262 finally reaches the Senate committee and Conservative skepticism - APTN News
- UNDRIP bill won't alter Canada's legal framework, federal officials tell Senate committee | CBC News
- Pushback To UN Indigenous Rights Bill Is 'Troubling': Cree MP
- Coastal First Nations demand Senate approve tanker ban as bill faces uncertain fate - iPolitics
- Senators amend justice bill to push for harsher sentences for domestic violence against Indigenous women | canada.com
- Bill to scrap plan for N.W.T. 'superboard' one step closer to becoming law | CBC News
- Bill C-88 passes through committee with no amendments - iPolitics
Coast Salish nations voiced their opposition to shipping terminal expansion in Delta.
Environmental assessment of the Springbank reservoir is underway in Tsuut’ina territory.
New offshore patrol ships are coming to the Arctic.
Caribou recovery remains in the headlines.
- Caribou deals offensive and vulnerable to court challenge, First Nation says
- Caribou recovery deal could cut millions from South Peace economy and incomes, study finds
Two weeks to go before Ottawa's decision on Trans Mountain.
- Alberta launches last-minute $1-million Trans Mountain promotion in Vancouver
- Indigenous-led group makes pitch at B.C. Legislature for majority ownership of Trans Mountain pipeline | CBC News
Land acknowledgements (or lack thereof) were in the news.
- Confederacy of Treaty Six grand chief, former MP Littlechild ‘disheartened‘ by lack of UCP recognition
- Acknowledgement of treaty land won't be routine under UCP government | CBC News
- UCP minister answers questions about Indigenous land acknowledgments in Alberta
The “conquered peoples” argument is back (yet again).
- N.S. government takes another shot at blocking 'conquered people' document release | The Chronicle Herald
- Nova Scotia to appeal solicitor-client privilege case to SCC
The federal government proposed a new citizenship oath.
- Proposed new citizenship oath ‘recognizes and affirms’ Indigenous treaty rights
- Liberals propose changes to citizenship oath to respect Indigenous rights | CBC News
It was National Reconciliation Week in Australia.
Across the Atlantic, Kayapo Chief Raoni met with the Pope.
From the Courts
The BC Court of Appeal's recent bitumen reference decision in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 represents a missed opportunity to engage with Indigenous legal orders. Check out my colleague Kate Gunn's case comment.
In Ross River Dena Council v. Yukon, 2019 YKSC 26, the Yukon Territory Supreme Court confirmed its previous ruling that Yukon's duty to consult does not need to be discharged prior to issuing hunting licences and seals under the Wildlife Act.
The Federal Court issued its first-ever ruling in both Cree and Dené in Whalen v. Fort McMurray No. 468 First Nation, 2019 FC 732.
On the Air
Romeo Saganash sat down with APTN to discuss UNDRIP Bill C-262.
- Saganash discusses his exit from politics, Jack Layton and UNDRIP bill: ‘We could be leaders’ - APTN News
On the Screen
As Tasha Hubbard’s new film Nipawistamasowin began its national screenings, Saskatchewan’s new trespass laws were back in the news.
Check out our previous commentary on this Treaty rights issue.
Off the Press
An investigation of fish farms, pathogens, and litigation.
- Ottawa spent $2.26 million fighting B.C. biologist and First Nation in court over fish farm virus | The Star
This is an important piece on the patriarchal history of colonialism.
Lastly, some commentary on democratic accountability under the Indian Act.
Quote of the Week
“The idea of free, prior, and informed consent is not new to Canadian law, but it has been ignored, and it continues to be ignored today in this public debate.”
Senator Murray Sinclair
Off the Bookshelf
"Real recognition of our presence and humanity would require a genuine reconsideration of so many people’s role in North American society that it would amount to a genuine leap of imagination."
George Manuel, The Fourth World: An Indian Reality (1974).
Download our new eBook for free
Our new book, Canadian Aboriginal Law in 2018: Essays and Case Summaries, is now available as a free download through our website.
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. Download Bruce's bio.
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This week's Aboriginal Law Report was produced with the assistance of Cody O'Neil.