Aboriginal Law Report
By Bruce McIvor
In the News
Pipelines continue to top the headlines
- Benefits agreement asks First Nation to discourage members from hindering B.C. pipeline project | CBC News
- Experts to advise Ottawa as it consults First Nations that want stake in Trans Mountain pipeline - APTN News
- Liberals launch next phase of engagement with Indigenous groups over Trans Mountain pipeline | CBC News
- Peaceful pipeline protesters return to Burnaby Mountain on B.C. Day | CBC News
- Alberta government sets aside funds for Indigenous legal challenges in support of energy projects - Globe and Mail
- Activists call on insurance firms to stop coverage of Trans Mountain pipeline
Blueberry River First Nations’ Treaty rights trial is ongoing at BC Supreme Court
The Muskrat Falls inquiry continues in Labrador
- Nunatsiavut leader says 'time bomb is ticking' with Muskrat Falls flooding underway - APTN News
- Public inquiry hears from people living in fear as Muskrat Falls flooding begins - APTN News
- Land protectors hold ‘last supper’ as the province begins to flood the Muskrat Falls reservoir - APTN News
Saugeen First Nation has moved for summary judgment in its longstanding lawsuit over the ownership of Sauble Beach
- Saugeen First Nation seeks court ruling on century-old boundary dispute in Sauble Beach | CBC News
- Saugeen First Nation’s long fight to reclaim Sauble Beach | The Star
- Beach case based on finding surveyor's starting point - Owen Sound Sun Times
Lennox Island and Abegweit First Nations’ Hog Island Specific Claim is ongoing
- Meetings this week to address First Nations' Hog Island claims | The Journal Pioneer
- Mi'kmaq Confederacy updating members on Hog Island land claim | CBC News
The BC government is seeking leave to appeal the cross-border Aboriginal rights case R. v. Desautel, 2019 BCCA 151 to the Supreme Court
- Top court asked to hear appeal of American Indigenous man’s hunting rights - Tofino-Ucluelet Westerly News
Fraser River salmon made a return to the headlines
- B.C. First Nations call for closure to commercial, recreational fishing on Fraser River - Aldergrove Star
- Race to save sockeye salmon in northern B.C. after landslide threatens First Nations and commercial harvest - National Observer
A historic governance agreement is in the works in Anishinaabe territory
A cannabis partnership is underway in Mi’kma’ki
Another road has been proposed through Wood Buffalo National Park
A highway round dance took place on the Manitoba-Ontario border
- Indigenous protest aims to slow Highway 1 traffic - Winnipeg Free Press
- Round dance on Trans-Canada Highway aims to raise Indigenous election issues | CBC News
Oka was back in the news
- Feds won’t stop negotiating land deal with private developer despite request from Oka mayor - APTN News
- Oka calls for moratorium on land transfer and seeks RCMP presence in Kanesatake - National Observer
- Oka asks Ottawa to freeze Mohawk land deal, send RCMP to Kanesatake - National Post
Friday was International Day of the World’s Indigenous Peoples
- ‘Indigenous peoples must be able to thrive,’ Trudeau says on International Day of the World’s Indigenous Peoples - APTN News
- On Aug. 9, World Indigenous Day, attention goes to Indigenous languages | Nunatsiaq News
- Hul’q’umi’num’ language and Google Earth on World Indigenous Day - University of Victoria
From the Courts
In Squamish First Nation v. Canada (Fisheries and Oceans), 2019 FCA 216, the Federal Court of Appeal allowed the Squamish Indian Band’s appeal of a Federal Court judgment that dismissed the Band’s judicial review of a Fisheries decision regarding their Fraser sockeye allocation. The Federal Court of Appeal set the decision aside, concluding that it was made in breach of the Crown’s duty to consult with the Band in respect of its asserted right to fish for food, social and ceremonial purposes.
In Manitoba Metis Federation Inc. v. Brian Pallister et al., 2019 MBQB 118, the Court of Queen’s Bench of Manitoba granted the province’s motion to strike portions of evidence filed by the Manitoba Metis Federation as part of its judicial review of the province’s decision to authorize a policy directive pertaining to hydro benefit agreements with Indigenous nations.
In Grandjambe v. Canada (Parks), 2019 FC 1023, the Federal Court granted a Mikisew Cree First Nation member’s application for judicial review of a Parks Canada decision that denied his application to construct a harvesting cabin within Wood Buffalo National Park. The decision was set aside as procedurally unfair and remitted back to the Park Superintendent for redetermination.
In R. v. Green, 2019 SKPC 44, the Saskatchewan Provincial Court acquitted two Six Nations members of unlawful hunting charges, finding them to be “Indians” within the meaning of the Saskatchewan Natural Resources Transfer Agreement, and thus exercising their constitutional right to hunt for food on all unoccupied Crown lands to which they have a right of access.
Off the Press
Here's an informative piece on the Tsilhqot’in Nation’s ongoing legal battle with Taseko Mines.
Here’s a good feature on the recent opening of Freedom Road at Shoal Lake 40 First Nation.
This is a powerful piece on two-spirit resistance across Turtle Island.
Here’s a revealing feature on the surveillance of Indigenous resistance.
Coast Funds released its UNDRIP and TRC-informed investment guidelines for shareholders. Read the full report here.
Lastly, here’s an interesting piece on the enfranchisement history of Michel First Nation.
On the Air
Amid recent events at Oka, here’s a good interview on the defence of Kanehsatà:ke Mohawk Territory.
On the Screen
The Ottawa Indigenous Film Festival kicked off this week.
Quote of the Week
“There is recognition that how we have safeguarded our forests and lands benefit the entire world, but our rights to exist and manage these lands need to be strengthened. Will the world listen?"
Sonia Guajajara, Articulacao dos Povos Indigenas do Brasil
Off the Bookshelf
“The only things which the mind cannot examine are memories of the future.”
Han Kang, The White Book (2016)
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.