Aboriginal Law Report
By Bruce McIvor
In the News
The Trans Mountain pipeline remains front and centre.
- Canada rejects scientists' emergency call to protect endangered trout on Trans Mountain's path - National Observer
- More B.C. First Nations file legal challenge against Trans Mountain pipeline approval - Globe and Mail
- Canada’s bias meant improper consultations: First Nations challenging pipeline - National Post
- First Nations renew court battle to stop Trudeau and Trans Mountain - National Observer
- Still long road to go for Trans Mountain as environmental, First Nation groups dispute reapproval - The Lawyer's Daily
- Environmental group presses NEB, industry to prove pipeline is economically worth it | CBC News
Indigenous jurisdiction and cannabis legislation are hot topics.
- Pot shop dispute echoes gambling battle in quest for Indigenous jurisdiction - Leader Post
- Sask. justice minister urging federal government to enforce on-reserve pot stores | CBC News
- First Nations jurisdiction an important tool for development - The Star Phoenix
- First Nations assert right to legalize pot sales on their territories
The Kirby Corporation was sentenced in Heiltsuk territory.
- It's 'just the beginning' of justice for Heiltsuk Nation after a company was fined $2.9-million for oil spill
- U.S. company fined nearly $3M for 2016 fuel spill in B.C. First Nation's fishing territory | CBC News
- Does Kirby Care? An Open Letter to Kirby CEO by Chief Marilyn Slett
- Nearly three years after tug sank off B.C. coast, Heiltsuk Nation still can’t fish the waters - APTN News
The Ross River Dena Council is appealing the Yukon Supreme Court’s recent decision in Ross River Dena Council v. Yukon, 2019 YKSC 26.
The Tŝilhqot'in Nation was back in BC Supreme Court.
- B.C. mining company seeks injunction that could set stage for showdown with First Nation | The Star
- Tsilhqot'in Nation accuses the B.C. government of acting illegally, back in court to protect land - APTN News
- Tsilhqot’in Nation appeals to U.N. to support its fight against Taseko Mines drilling program - Williams Lake Tribune
Waywayseecappo First Nation reached a settlement with the federal government.
K'atl'odeeche First Nation received its "cows and ploughs" settlement in Treaty 8.
Specific Claims were settled in Treaty 4 and Treaty 6.
Eel Ground First Nation continues to fight for Treaty access to the snow crab fishery.
- DFO needs to do more to include Eel Ground First Nation in snow crab fishery, regional chief says | CBC News
- Protesters from Eel Ground First Nation demand share of snow crab fishery | CBC News
A land transfer and class action are underway in Mohawk territory.
- Kanesatake chief denounces Oka mayor's comments about land transfer - Montreal Gazette
- Quebec tries to ease tensions in Kanesatake land dispute | CBC News
- Developer offers to give land back to First Nation where Oka Crisis happened | CBC News
- Indigenous residents forced to cross border to reach rest of Canada seek $150M for ‘systemic discrimination’
Fraser River salmon are making national headlines.
- Chief calls for state of emergency and fishery closure in light of Big Bar slide in Fraser River - Williams Lake Tribune
- 'We're losing time': Tl'azt'en First Nation very concerned about rock slide blocking salmon run | CBC News
- Government of Canada enters into Fraser Salmon Collaborative Management Agreement with 76 British Columbia First Nations
The “conquered peoples” argument made an unexpected return this week.
- Supreme Court decision allows N.S. government to keep 'conquered people' documents secret, for now | The Hants Journal
- Alex Cameron’s “conquered people” brief is odious, but he’s got a good case against the McNeil government
The Tsuut’ina Nation endorsed a resolution opposing the Springbank Dam.
- Tsuut’ina council votes to formally oppose Springbank dam; Chief says First Nation has been 'an afterthought'
A lawsuit was launched in Nova Scotia over Treaty rights and Indian Act status.
A proposed tungsten mine is raising concerns in New Brunswick.
Opposition to biosolids dumping continues in Secwepemc territory.
- First Nations groups obstruct biosolids truck access to ranch in Turtle Valley - Salmon Arm Observer
An injunction notice was issued at Six Nations.
- Six Nations elected council files injunction against demonstrators at administration building | CBC News
BC forestry law is under fire.
- First Nations, environmentalists, mill workers push province to overhaul forestry rules | CBC News
- The government agency at the centre of B.C.’s old-growth logging showdown | The Narwhal
Two First Nations declared states of emergency over water quality.
- Attawapiskat welcomes activists, politicians as state of emergency due to water quality continues | CBC News
- Another Ontario First Nation declares a state of emergency over water | CBC News
- Attawapiskat residents want Canadian military help to deal with water 'state of emergency' | CBC News
The Assembly of First Nations met with several premiers at Big River First Nation.
- 'Today was eye opener': Big River First Nation hosts premiers' meeting - APTN News
- Camp set up next to where premiers are meeting in Saskatoon | CBC News
- 'A lot of work to do:' Premiers talk child welfare with Indigenous leaders
The BC Specific Claims Working Group released its follow-up report on Canada’s Specific Claims process.
Settlement negotiations over flooded reserve lands are ongoing in Ontario.
The Sayisi Dene and Northlands Denesuline First Nations filed a judicial review of the federal government's decision to suspend land claim negotiations.
Man camps are back in the news.
- Indigenous women vulnerable to "man camps": MMIWG report. So, what's at stake with the pipeline approval?
A Federal Court action has revealed that CSIS is logging information on perceived threats to pipeline projects.
The Anglican Church made multiple headlines.
- Anglican Church of Canada apologizes for spiritual harm to Indigenous Peoples | CBC News
- Yukon Anglican Diocese to apologize to Yukon residential school students | CBC News
- In depth: Indigenous self-determination measures pass in nearly unanimous vote – Anglican Journal
- Reconciliation an ‘ongoing process,’ General Synod hears – Anglican Journal
Parks are a hot topic this summer.
- UNESCO designation for Writing on Stone Provincial Park in Alberta expected to bring in the crowds - APTN News
- Meet a Blackfoot elder who worked for 20 years to showcase Writing-on-Stone to the world | The Narwhal
- Ottawa agrees Timiscaming First Nation should co-manage historic site with Parks Canada | CBC News
- Feds, territorial gov't postpone signing of Thaidene Nene final agreement | CBC News
Saskatchewan has its first-ever Indigenous lieutenant-governor.
- 'This is historic': Indigenous leaders applaud choice of Russell Mirasty as new Sask. Lt.-Gov. | CBC News
The Indigenous Guardians program continues to expand.
Caribou haven't left the headlines.
- The return of the caribou | The Narwhal
- 'Nothing was being done': N.W.T. First Nation developing caribou stewardship plan | CBC News
- Plans to save threatened B.C. caribou on hold as NDP mends fences
- Tradition versus technology: Northerners debate use of drones in caribou hunting | CBC News
Debate continues over statues, place names, and holidays.
- Controversial statue of Judge Begbie removed from New Westminster courthouse square | CBC News
- Ontario City Wants Controversial Samuel de Champlain Tribute Back Up
- Why is Newfoundland and Labrador still celebrating Discovery Day? - Macleans.ca
- Could Barrhaven's Amherst Crescent be in for a name change? | CBC News
In the central Pacific, police arrested Indigenous land defenders on Mauna Kea.
- Dozens arrested as Hawaiians protest $1.4BN telescope on sacred mountain
- Hawaii protesters vow 'prolonged struggle' against giant telescope
From the Courts
In Peters First Nation Band Council v. Peters, 2019 FCA 197, the Federal Court of Appeal maintained that a Band Council decision to deny membership to the respondent was unreasonable, referring the matter back to the Band Council for redetermination.
Off the Press
This is an important piece on the imposed hierarchy of legal orders in Canada.
Here’s a good article on the role of Indigenous legal orders in impact assessment processes.
This is an insightful piece on W̱SÁNEĆ legal obligations in the face of the Trans Mountain pipeline expansion.
This is a powerful piece on the intergenerational assertion of Indigenous jurisdiction in Tsilhqot’in territory.
Here’s a legal overview of the applicability of provincial cannabis legislation on reserves.
This is an informative overview of the recently passed Indigenous child welfare legislation.
Here’s an interesting piece on intertribal solidarity in the face of BC mining practices.
Here’s an investigative piece on colonial history, climate change, and eco-anxiety along the coast of James Bay.
Lastly, this new book promises an insightful biography of an anthropologist and settler ally to Indigenous peoples in BC.
On the Screen
The well-known podcast Thunder Bay is being adapted for TV.
Quote of the Week
"Our men are warriors, our women are matriarchs and the children, including myself, watched closely as our parents, our families and our allies rallied together to protect what land we have left. Land that was never surrendered...and as long as I am alive I will remind the world of what happened that summer. Canada showed its true colours, they demonstrated to me as a little 4 year old how they really felt about us, the Indigenous people, the caretakers of Turtle Island."
Kaniehtiio Horn, 29 years after the Oka Crisis
Off the Bookshelf
“The age of iron. After which comes the age of bronze. How long, how long before the softer ages return in their cycle, the age of clay, the age of earth?”
JM Coetzee, Age of Iron (1990).
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
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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.