Aboriginal Law Report
By Bruce McIvor
In the News
The Trans Mountain pipeline is back in the headlines.
- Trans Mountain and the Honour of the Crown: Indigenous legal challenges, round two
- Trans Mountain to restart pipeline construction within 30 days - National Observer
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.
- NS Mi’kmaw fishermen say DFO seized lobster traps tagged under moderate livelihood – Ku'ku'kwes News
The Manitoba government announced plans for a Mineral Development Fund.
- Pallister says his government will establish a $20 million mineral development fund if re-elected - Thompson Citizen
In the Yukon, the Peel Watershed Regional Land Use Plan was signed following years of legal battles.
- It’s official: most of the Peel watershed is now protected - Yukon News
- After 15 years, parties to sign final Peel watershed agreement | CBC News
The Thaidene Nene National Park Reserve was created.
- 'What our ancestors meant:' Canada, First Nations create new park reserve - National Observer
- Thaidene Nene National Park Reserve Seen As Model For The Future | HuffPost Canada
- What Canada's newest national park will mean for young people in the North | CBC News
- Screening approach for Thaidene Nene 'inconsistent' with law, says review board | CBC News
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.
- Anishinabek Nation and Canada celebrate key milestone on historic self-government agreement - Anishinabek News
- First Nations, Crown agree to move beyond Indian Act | CBC News
The Rotinonhseshá:ka ne Kanehsatà:ke (People of the Longhouse) issued a list of demands to Ottawa.
- Canada Must Stop Land Fraud: Press Release of the Mohawks of Kanesatake – Canadian Dimension
- Kanesatake traditional government lists its demands for Ottawa to resolve land dispute | CBC News
The Algonquin Nation declared a state of emergency.
- Algonquin Nation declares state of emergency due to over-hunting in Quebec wildlife reserve - APTN News
Salmon stocks, seals, and sea lions remain hot topics in BC.
- First Nations-led group calls for commercial cull of seals, sea lions to save B.C.'s salmon | CBC News
- Gathering on the Fraser to foster mutual respect for fisheries - Aldergrove Star
- 'What fishing season?': Local First Nations worry about state of fishing in Fraser River | CBC News
- Genetic study of sockeye salmon in B.C. river suggests 75% decline since 1913 | CBC News
Also in BC, federal funding was announced for a solar farm in Tsilhqot’in territory and protected areas in Tahltan territory.
- Tahltan Nation first to benefit from $1.35-billion conservation fund - National Observer
- Canada supports solar farm for Tŝilhqot'in National Government
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.
- McLean v. Canada (Attorney General), 2019 FC 1075
- ‘I never thought I would live to see justice’: Indian day school survivors eager for settlement - APTN News
- Federal Court approves Indian day schools class-action settlement | CBC News
- Court Approval on the Indian Day School Class Action Settlement is a Step Towards Reconciliation, says AFN National Chief
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.