Aboriginal Law Report
By Bruce McIvor
In the News
Friday was National Indigenous Peoples Day.
- Celebrations across Canada to mark National Indigenous Peoples Day
- What does National Indigenous Peoples Day mean to you? | CBC News
- 'Largest ever' sunrise ceremony in St. John's marks start of Indigenous Peoples Day celebrations | CBC News
- Make Indigenous Peoples Day count
- National Indigenous Peoples Day is important for everyone to celebrate, organizers say | The Star
- Visitors get glimpse of plans for Kapyong Barracks during Indigenous day celebrations | CBC News
The federal government approved the Trans Mountain pipeline expansion project.
- Trudeau cabinet approves Trans Mountain expansion project | CBC News
- As Trans Mountain gets shovels ready for pipeline, First Nations vow to protect territory
- Trans Mountain approval met with promised resistance by First Nations - APTN News
- Trans Mountain approval comes with eight new accommodations to address First Nations concerns
- Disappointed, Horgan says B.C. will continue with Trans Mountain pipeline fight
- Trans Mountain approval frustrating, says B.C. chief with unresolved concerns about pipeline project | CBC News
- Trans Mountain pipeline legal odds in Trudeau's favour now, law professor says | CBC News
- Trudeau says he will ‘continue to listen’ to those opposing pipeline - IndianCountryToday.com
- Retired judge says if pipeline expansion stalls, Ottawa isn't to blame
UNDRIP Bill C-262 died on the order paper.
- Death of Bill C-262 a clear step backwards for reconciliation
- Sex assault bill is dead — and so is the UN Indigenous rights bill | CBC News
- Trudeau promises to legislate implementation of UNDRIP if re-elected
Several other Bills received royal assent, including Indigenous child welfare Bill C-92 and Indigenous languages Bill C-91.
- Language and child welfare bills pass as MPs head home for the summer - APTN News
- B.C. tanker-ban, environment assessment bills scale final hurdle in Senate
- Canadian Senate passes B.C. tanker ban bill, prepping for it to come into law
- Here are the bills that passed, or died, when Parliament rose for the summer
Unist’ot’en is awaiting an injunction decision from the BC Supreme Court.
- A decision is forthcoming in the Coastal GasLink pipeline dispute
- B.C. First Nation fighting northern gas pipeline awaits court decision on continuing injunction
Dene leadership was in Ottawa over their comprehensive land claim.
- Dene First Nations say they have been betrayed by the federal government - APTN News
- 'You are not honourable': Dene of Saskatchewan and Manitoba accuse Bennett, Trudeau of breaking negotiations | CBC News
- Dene land dispute could be headed back to court | Prince Albert Daily Herald
Consultation concerns were raised over the proposed Indigenous Peoples Space at 100 Wellington Street.
- Algonquin Nation erects wigwam opposite Parliament in protest over future of former U.S. embassy | CBC News
- Algonquins want part of the old U.S. embassy that Trudeau said would become Indigenous space
Grassy Narrows First Nation released plans for a Mercury Survivors Home and Care Centre.
- Grassy Narrows unveils mercury treatment centre design but wonders whether government is committed to building it - APTN News
- Chief asks why the PM makes time for a Raptors parade but hasn't visited Grassy Narrows | CBC News
Newfoundland and Labrador is seeking to strike a portion of Uashaunnuat’s claim for damages in its traditional territory, raising concerns over the constitutional jurisdiction of superior courts.
- Stop, Border Ahead: Could a legal fight involving Aboriginal treaty rights straddling two provinces sow constitutional chaos?
The Supreme Court’s 2016 Daniels decision was back in the headlines.
- Indigenous advocacy group plans protest over government inaction on 2016 Supreme Court Daniels decision
Consultation is ongoing to remove sex-based discrimination under the Indian Act.
Caribou recovery is back in the news in BC.
- B.C. government delays endangered caribou plan as herds dwindle | The Narwhal
- Botched caribou plan leaves divisions that can't be easily healed
- Industrial moratoriums imposed to protect South Peace caribou habitat
A conservation officer’s sting operation went public.
- Pub ban lifted on year-long sting that busted Sask. Indigenous man for selling $90 of fish | CBC News
- 'Stop posing as scientists' researchers plead after Sask. conservation officer's fishing sting | CBC News
Parliament declared a national climate emergency.
- House passes non-binding motion declaring a national climate emergency | CBC News
- Canada Approves TMX Despite Failing to Achieve Consent: Declaration of Climate Emergency Rings Hollow
The Walk for Common Ground concluded in Treaty 7 territory.
- Alberta Treaty talk walk ends with cheers and a feast 350 kilometres and 15 days after it started - APTN News
A municipal reconciliation plan is being proposed in Yellowknife.
South of the border, the Keystone and Enbridge pipelines were back in the news.
FPL in the News
My colleague Kate Gunn was interviewed by Business in Vancouver on potential legal challenges to the Trans Mountain pipeline.
From the Courts
In Ontario Lottery and Gaming Corporation v. Mississaugas of Scugog Island First Nation, 2019 FC 813, the Federal Court dismissed an application for judicial review of the First Nations Tax Commission’s approval of a First Nation’s law that imposes a fee on a casino's wastewater services.
In Francis v. Canada, 2019 FCA 184, the Federal Court of Appeal upheld the Federal Court’s refusal to grant an advance costs order to a member of Elsipogtog First Nation seeking declaratory relief related to his Aboriginal and Treaty rights defence to unauthorized fishing in the Gulf of St. Lawrence.
In Beaver v. Hill, 2019 ONCA 520, the Ontario Court of Appeal dismissed multiple appeals of previous orders in an ongoing family law dispute in which the appellant has asserted an Aboriginal and Treaty right to have the dispute decided based on Haudenosaunee law.
In Nunavut Tunngavik Incorporated v. McLean, 2019 FCA 186, the Federal Court of Appeal upheld the Federal Court’s dismissal of multiple motions to intervene in the Federal Indian Day Schools settlement approval process.
The US Supreme Court dismissed a Canadian mining company’s application to appeal the Colville Confederated Tribes’ case regarding pollution in the upper Columbia River.
Off the Press
These are both important pieces on the relationship between Canadian Common Law and Indigenous Legal Orders.
This is a revealing piece on the policing of Indigenous resistance and the under-investigation of missing and murdered Indigenous women and girls.
Here’s a legal overview of the relationship between Aboriginal title and the duty to consult, as outlined in the Yukon Supreme Court’s recent decision in Ross River Dena Council v. Yukon, 2019 YKSC 26.
Here’s an instructive piece on cultural competence in the legal profession.
This an interesting article on the significance of Treaty Day celebrations.
This new interactive map features Indigenous place names across Canada.
Lastly, this graphic novel anthology promises a thorough history lesson.
On the Air
Check out this excellent list of podcasts hosted by Indigenous women.
Quote of the Week
"Be certain that the apparatus killing this planet is a nasty one and it seems intent on finishing the dirty deed. It gains strength through violence with the jack-booted obedient servants at its beck and call. It is commanding enough to recruit our cousins if not you and me. Though it is tough as hell, it’s not that smart."
Guujaaw, Hereditary Chief Gidansta of the Haida Nation
Off the Bookshelf
"For your soul
to rest, good captain, you must meet them, soul
to soul, until the earth in mercy
enfolds you — until then you’re nursing
a zombie soul forever searching for its tomb."
Robert Sullivan, Captain Cook in the Underworld (2002).
Apply for our Indigenous Law Student Scholarship
As part of our commitment to supporting the development of Indigenous lawyers, First Peoples Law is offering a scholarship in the amount of $5,000 to an Indigenous law student with a demonstrated interest in serving and advancing the interests of Indigenous Peoples.
Deadline: July 31, 2019
Download the poster.
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.