Aboriginal Law Report
By Bruce McIvor
In the News
The clock is ticking on federal UNDRIP Bill C-262--watch this week's Senate debate here.
- Senate committee passes UNDRIP bill, Tories warn of an Indigenous 'veto' | CBC News
- B.C. First Nations leaders say Bill C-262 Senate delay is ‘outrageous, undemocratic’
- UNDRIP bill caught up in Senate dispute amid Conservative protest - APTN News
- Cuthand: Bill on Indigenous peoples' rights being stalled
Indigenous languages and child welfare Bills C-91 and C-92 are through the Senate.
- Federal Indigenous child welfare reform bill one step closer to becoming law - APTN News
- Senate passes Indigenous Languages bill with amendments addressing Inuit concerns - APTN News
A final vote on northern BC oil tanker ban Bill C-48 is nigh.
- Senate endorses regional assessments, review in 5 years for oil tanker ban bill - iPolitics
- Garneau says he’s carefully assessing Senate changes to oil tanker ban bill - iPolitics
Environmental assessment Bill C-69 is back in the news.
- Ottawa rejects majority of Senate amendments to C-69, setting stage for court challenge
- Feds to reject most Tory amendments to Bill C-69 as ‘simply unacceptable’
Two days to go before Ottawa’s decision on the Trans Mountain pipeline.
- Vancouver protesters stage final rally against Trans Mountain pipeline ahead of Ottawa decision
- 'Not until we die will we stop': Pipeline opponents rally before key decision
- Trudeau urged to take action on Trans Mountain pipeline: Burnaby mayor
- The Trans Mountain pipeline is a disaster – but Trudeau can make it right
- Excitement builds as oilpatch pins hopes on Trans Mountain pipeline approval
- ‘It’s not Canadian to do this’: Thousands rally as federal resource bills, pipeline delays roil the West
Unist’ot’en and Coastal GasLink were back in BC Supreme Court.
- Unist'ot'en Defends Indigenous Law at Injunction Hearing
- Indigenous Pipeline Opponents Seek Court OK for Blockade Protest
- B.C. man who tried to stop pipeline with his skidoo won't face contempt charge | CBC News
Fracking remains a hot topic in New Brunswick.
- Lack of consultation on shale gas irks N.B. First Nations chiefs
- Energy minister says 'responsible' fracking will help transition to green economy | CBC News
Hydro-impacted communities were on Parliament Hill.
Fish farm protests took place in Tofino.
- First Nations and allies protest fish farms in Clayoquot Sound near Tofino - Tofino-Ucluelet Westerly News
The federal government approved the Manitoba-Minnesota transmission project.
- Feds approve $453M Manitoba-Minnesota transmission line | CBC News
- Ottawa approves transmission line to Minnesota
Husky Energy was fined for its 2016 oil spill in the North Saskatchewan River.
- 'We're deeply sorry:' Husky fined $3.8M for leak into North Saskatchewan River
- Husky fined $3.8M for charges arising from Saskatchewan oil spill
Flooding compensation was distributed following a class action lawsuit in Manitoba.
Alberta proposed legislation for an Indigenous Opportunities Corporation.
- Alberta creates $1B fund for Indigenous investment in energy - APTN News
- Legislation for new Indigenous Opportunities Corporation coming this fall | CBC News
Sipekne’katik First Nation is mounting a legal challenge to Alton Gas development in Mi’kma’ki.
- Alton Gas battle continues in two Supreme Court hearings | The Chronicle Herald
- Contempt case for Mi'kmaw women arrested at Alton Gas site delayed
Simpcw First Nation expressed concern over a timber rights transfer.
- Simpcw First Nation wants a say in Canfor's planned sale of timber rights to Interfor
- Simpcw First Nation media release
Nipissing First Nation is enacting its own cannabis legislation.
Mercury field studies remain underway in Treaty 3.
- Ontario environmental officials update House of Commons committee on river mercury studies near Grassy Narrows | CBC News
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.
- Province urged to protect First Nations burial site on Sumas Mountain
- Saskatchewan farmer force rural municipality to stop construction where First Nation artifacts found - APTN News
- Sask. First Nations prepared to call for blockade at proposed road site where artifacts discovered | CBC News
- Saskatchewan's artifact laws 'perpetuate colonization': Indigenous archeologist | CBC News
In Alaska, Tlingit leadership is challenging colonial mining legislation.
- 147-year-old ‘finders keepers’ mining law threatens ancient Tlingit village, protects mining companies - IndianCountryToday.com
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.
- Federal court orders Canada to hand over land to Blood Tribe - APTN News
- Blood Tribe wins massive land claim battle in Federal Court | CBC News
The Supreme Court dismissed a number of leave applications, including the Tsilhqot’in Nation’s appeal of a Taseko Mines drilling permit.
- Supreme Court rejects Tsilhqot’in appeal on New Prosperity mine
- Read the Tsilhqot’in National Government’s response here.
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.
- Blowback to the word genocide proves the national inquiry report was right
- Why are the deaths of Indigenous women and girls ungrievable?
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.
For more First Peoples Law comments see our publications page.
Sign up for notification of our blog posts.
Like us on Facebook
Follow us on LinkedIn
This week's Aboriginal Law Report was produced with the assistance of Cody O'Neil.