Aboriginal Law Report
By Bruce McIvor
In the News
The Trans Mountain pipeline is not leaving the news anytime soon.
- Indigenous chiefs blast Ottawa’s Trans Mountain consultation efforts ahead of key regulatory decision
- B.C. chief says impacted communities should get first dibs on Trans Mountain pipeline ownership - APTN News
The Dehcho Annual Assembly was held in Treaty 11 territory.
- Treaties, teaching, and reconciliation: What's on the agenda for the Dehcho Assembly | CBC News
- Dehcho First Nations put land issues aside — for now — in land-claim talks with Ottawa, N.W.T. | CBC News
The Ktunaxa, Okanagan, and Secwepemc Nations were in Washington, D.C. observing the Columbia River Treaty negotiations.
- First Nations included in latest Columbia River Treaty talks - Nelson Star
- Indigenous observers join Columbia River Treaty talks | Cranbrook, East Kootenay, Ktunaxa Nation
- Joint talks on international treaty: B.C. First Nations mark ‘historic moment’
Industrial man camps are causing serious concern in Unist'ot'en territory.
The federal government signed self-government agreements with the Métis Nation of Alberta, Saskatchewan, and Ontario.
- Ottawa signs self-government agreements with Métis Nation in Alberta, Ontario and Saskatchewan | CBC News
The Site C dam made a return to the headlines.
- Site C dam completion:one step closer | CBC News
- Site C construction reaches major breakthrough at river diversion tunnel - Global News
The federal government announced LNG funding.
- Feds announce $275M for 'largest private sector investment in Canadian history' — Kitimat, B.C.'s LNG project | CBC News
The Tsilhqot’in Nation made calls to de-escalate an ongoing mining conflict in its territory.
- Tsilhqot’in Nation urges Taseko Mines to stop drilling plans before conflict grows - Williams Lake Tribune
The BC First Nation Forestry Council launched its new strategy in Syilx territory.
The Southern Dakelh Nation Alliance and the federal government signed a Pathways Agreement.
- Canada and Southern Dakelh Nation Alliance strengthen nation-to-nation relationship with signing of Pathways Agreement
The Athabasca Dene land claim remains stalled amid concerns of inadequate consultation.
- Lack of consultation stalls Athabasca Dene land-claim agreement, says Yellowknives Dene Chief | CBC News
Custom election codes were front and centre at the Ojibway Nation of Saugeen.
- 'We don't want another 30 years of dictatorship': First Nation unites to oust 'lifetime' chief | CBC News
Chloride levels are raising concern near Fort Liard.
Snow crabs and Treaty rights remain a hot topic in New Brunswick.
An Iqaluit bylaw was rejected by Nunavut amid human rights concerns.
Saskatchewan heritage laws were back in the news.
Birth alerts are ongoing.
Mining protests took place in Toronto.
Land acknowledgements were in the spotlight.
- As Indigenous land acknowledgments become the norm, critics question whether the gesture has lost its meaning
Cowichan Tribes are still waiting on their retail cannabis license.
- B.C. hints at cancelling cannabis store plans after dispute with First Nation
- B.C.'s largest First Nation accuses province of conflict on cannabis licences
An Industrial School cemetery near Regina was transferred to a commemorative association.
- Graves of dozens of Indigenous children transferred in 'first of its kind' land swap - CTV News
- 'First step in reconciliation' as government hands over residential school cemetery | CBC News
- 'We're honouring the children:' Industrial school cemetery land transferred to commemorative association
A Residential School memorial site was unveiled in Thunder Bay.
The federal government announced funding for an Indigenous legal lodge at the University of Victoria.
- Federal government to provide UVic over nine million dollars for construction of National Centre of Indigenous Law
- UVic’s new $9.1M home for Indigenous law investing in Canada’s future
From the Courts
In Government of Nunavut (Attorney General and Minister of Environment) v. Arctic Kingdom Inc., 2019 NUCJ 10, the Nunavut Court of Justice held that a licensing provision of the Nunavut Wildlife Act is intra vires and does not impede Inuit hunting rights. The Court also noted that the Wildlife Act is intended to incorporate Inuit Qaujimajatuqangit into public law.
Off the Press
Here’s a good account of the federal government’s impoverished understanding of free, prior, and informed consent.
This is a good piece on the recent death of UNDRIP Bill C-262.
Here’s an interesting piece on the lack of protection for Indigenous intellectual property under Canadian law.
Check out this investigative piece on the assertion of Indigenous legal orders.
This is a revealing piece on the ongoing violence of colonial border crossings for Indigenous peoples.
This article provides a good background in light of the Supreme Court’s recent decision to dismiss the Tsilhqot’in National Government’s appeal of a Taseko Mines drilling permit.
This new book promises lots of insight on the implementation of UNDRIP from the perspective of Indigenous, international, and Canadian law.
Lastly, here’s a 2019 “wreckonciliation” recap.
On the Screen
Check out Amanda Strong’s new film Biidaaban (The Dawn Comes), now available online.
Quote of the Week
“It’s not enough to create legislation that holds the colonial governments accountable to International human rights standards and to Indigenous ways of being; it will take structural and institutional change in order to see justice on stolen lands. Let us rise with more energy. Let us stand with a greater determination. On behalf of the millions who are building resistance and beauty in our communities: our spirit is not broken.”
Off the Bookshelf
“Only fools accept that a society that requires force to ensure proper social conduct is a democratic one. Without the voice of the trammelled and the dispossessed, democracy is but an echo in the canyons of the minds of lunatics.”
Lee Maracle, I Am Woman: A Native Perspective on Sociology and Feminism (1996).
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.
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.