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

Aboriginal Law Report

July 21, 2019

By Bruce McIvor

This week's edition includes land claims, pipelines, injunctions, man camps, biosolids, surveillance, and more. 


In the News

The Trans Mountain pipeline remains front and centre.

Indigenous jurisdiction and cannabis legislation are hot topics.

The Kirby Corporation was sentenced in Heiltsuk territory.

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.

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.

A land transfer and class action are underway in Mohawk territory.

Fraser River salmon are making national headlines.

The “conquered peoples” argument made an unexpected return this week.

The Tsuut’ina Nation endorsed a resolution opposing the Springbank Dam.

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.

An injunction notice was issued at Six Nations.

BC forestry law is under fire.

Two First Nations declared states of emergency over water quality.

The Assembly of First Nations met with several premiers at Big River First Nation.

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.

A Federal Court action has revealed that CSIS is logging information on perceived threats to pipeline projects.

The Anglican Church made multiple headlines.

Parks are a hot topic this summer.

Saskatchewan has its first-ever Indigenous lieutenant-governor.

The Indigenous Guardians program continues to expand.

Caribou haven't left the headlines.

Debate continues over statues, place names, and holidays.

In the central Pacific, police arrested Indigenous land defenders on Mauna Kea.

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

Apply here.

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.

derrick chief(4 months ago)
hi is there any lawyers who would represent me and my mom in a class action lawsuit in regards to the sixties scoop thank you

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