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

Aboriginal Law Report

August 25, 2019

By Bruce McIvor

This week's edition includes a class action settlement, Treaty rights, self-government negotiations, a new national park reserve, and more.


In the News

The Trans Mountain pipeline is back in the headlines.

The Maliseet Grand Council was in court over New Brunswick's plan for a snowmobile hub in Mount Carleton Provincial Park.

Also in New Brunswick, the Wabanaki Loggers were in Provincial Court.

In Nova Scotia, Treaty rights were front and centre as the federal government seized several lobster traps.

The Manitoba government announced plans for a Mineral Development Fund. 

In the Yukon, the Peel Watershed Regional Land Use Plan was signed following years of legal battles.

The Thaidene Nene National Park Reserve was created.

Also in the Northwest Territories, self-government negotiations reached an impasse.

Grassy Narrows First Nation is urging Ottawa to reach a final agreement on a mercury treatment home.

The Anishinabek Nation Governance Agreement is one step closer to ratification.

The Rotinonhseshá:ka ne Kanehsatà:ke (People of the Longhouse) issued a list of demands to Ottawa.

The Algonquin Nation declared a state of emergency.

Salmon stocks, seals, and sea lions remain hot topics in BC.

Also in BC, federal funding was announced for a solar farm in Tsilhqot’in territory and protected areas in Tahltan territory.

FPL in the News

A huge thank you to my colleagues who have done me the honour of including me in the 2020 Edition of Best Lawyers in Canada in the field of Aboriginal Law.

I offered some commentary on the Federal Court of Appeal’s recent duty to consult decision in Squamish First Nation v. Canada (Fisheries and Oceans), 2019 FCA 216.

From the Courts

The Federal Court approved the Indian Day School Settlement Agreement.

Off the Press

This new book promises an insightful read on the history of the Numbered Treaties.

Here’s an informative comic portraying the ongoing battle for Indigenous rights in Dane-zaa territory.

Here’s an important case to follow on the constitutionality of Band Council residency requirements.

Lastly, here's a good overview of the intersection of Aboriginal rights law and private tort law.

Quote of the Week

"We caution anyone who decides to purchase land in Kanesatake, Kanien'kehá:ka homelands, or Oka and its surrounding municipalities of buyer beware, as this whole area remains contested land.”

Ellen Gabriel, Kanien’kehá:ka Mohawk activist and artist

Off the Bookshelf

“You have a system inherently exploitative and unjust. Inherently cruel and inhumane, heedless of human values, and your job is to make such a system appear legitimate and moral by acting as though justice, as though human rights and human dignity could actually exist in that society - when obviously no such thing is possible.”

Philip Roth, Portnoy’s Complaint (1969)

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.

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