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

Aboriginal Law Report

June 16, 2019

By Bruce McIvor

Happy Father's Day. This week's edition includes pipelines, fracking, fish farms, flooding, sacred sites, Treaty rights, UNDRIP, cannabis and more.


In the News

The clock is ticking on federal UNDRIP Bill C-262--watch this week's Senate debate here.

Indigenous languages and child welfare Bills C-91 and C-92 are through the Senate.

A final vote on northern BC oil tanker ban Bill C-48 is nigh.

Environmental assessment Bill C-69 is back in the news.

Two days to go before Ottawa’s decision on the Trans Mountain pipeline.

Unist’ot’en and Coastal GasLink were back in BC Supreme Court.

Fracking remains a hot topic in New Brunswick.

Hydro-impacted communities were on Parliament Hill.

Fish farm protests took place in Tofino.

The federal government approved the Manitoba-Minnesota transmission project.

Husky Energy was fined for its 2016 oil spill in the North Saskatchewan River.

Flooding compensation was distributed following a class action lawsuit in Manitoba.

Alberta proposed legislation for an Indigenous Opportunities Corporation.

Sipekne’katik First Nation is mounting a legal challenge to Alton Gas development in Mi’kma’ki.

Simpcw First Nation expressed concern over a timber rights transfer.

Nipissing First Nation is enacting its own cannabis legislation.

Mercury field studies remain underway in Treaty 3.

Yet again, the “conquered peoples” argument was back in court.

Water walkers are journeying across the traditional territories of the Wabanaki Confederacy.

A conservation area larger than Vancouver Island is being proposed in Kaska Dena territories.

Sacred sites were back in the headlines.

In Alaska, Tlingit leadership is challenging colonial mining legislation.

From the Courts

In Jim Shot Both Sides v Canada, 2019 FC 789, the Federal Court ruled that Canada breached its Treaty 7 land entitlement obligations to the Blood Tribe.

The Supreme Court dismissed a number of leave applications, including the Tsilhqot’in Nation’s appeal of a Taseko Mines drilling permit.

On the Air

Here’s a good legal overview of the Duty to Consult doctrine.

This is an interesting investigative piece on the Trans Mountain pipeline expansion.

The Ottawa-based radio program Uqallagvik is broadcasting in Inuktitut.

On the Screen

Netflix Canada announced new partnerships in support of Indigenous filmmaking.

Off the Press

This is an interesting piece on Indigenous-led, conservation-based economics.

The Senate Committee on the Arctic released its report Northern Lights: A Wake-Up Call for the Future of Canada.

These are both important pieces on the MMIWG National Inquiry findings.

Finally, here’s an insightful piece on land management in Madii Lii territory.

Quotes of the Week

“This looking away, this denial, is a tool of genocide. The consequence of our failure to teach Canada’s true history in our schools or to report on colonial violence against and oppression of Indigenous people is that too many Canadians are blinded to reality and the violence and oppression are allowed to continue.”

Tanya Talaga, journalist and Massey lecturer

“BC and Canada still operate as extractive resource robber-barons by engaging in shabby and unethical land use practices, while paying little heed to Indigenous Peoples and their laws, customs, and practices, as if it is still 1902. This strategy of denial has been used repeatedly by governments in the past to escape dealing with aboriginal rights, including title.”

Richard Wright, Luutkudziiwus wilp member and spokesperson

Off the Bookshelf

"The more I see the more sure I am that it does not matter why people do the right thing so long as they do it, nor why they may have done the wrong if they have done it. The result depends upon the thing done and the motive goes for nothing."

Samuel Butler, The Way of All Flesh (1903)

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.

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