Aboriginal Law Report
By Bruce McIvor
In the News
A joint legal action is underway over the right to safe drinking water.
- First Nations announce a coordinated legal and political campaign to confirm human right to safe drinking water - Newswire
UNDRIP and lottery legislation is in the works in BC.
- UNDRIP, forestry and cabinet resignation big topics for B.C. legislature return - Times Colonist
- First Nations set to receive revenue from BCLC | CBC News
- B.C. proposes changes to Gaming Control Act to support First Nations communities - Vancouver Sun
Saik’uz and Stellat’en First Nations’ Aboriginal rights trial starts next week in Vancouver.
- Nechako River court case starts Monday - Prince George Citizen
- Saik’uz and Stellat’en court battle against RioTinto Alcan to start next week - Smithers Interior News
Matsqui First Nation filed a Specific Claim in the Fraser Valley.
- Matsqui First Nation makes claim for loss of reserve land dating back 155 years | CBC News
- B.C. First Nation makes claim for historical sale of reserve lands - Victoria News
A Métis coalition filed a scrip system land claim in Saskatchewan.
- Coalition of northern Metis communities file historic land claim - Star Phoenix
- Métis land claim could spark 'reset' in relations between Indigenous people and government, says prof | CBC News
The second phase of the Robinson-Huron Treaty litigation began in Ontario.
- Indigenous leaders concerned governments using 'stalling tactics' in treaty annuities case | CBC News
- Province, First Nations returning to court - North Bay Nugget
- Next phase of Treaty lawsuit underway in Sudbury - Soo Today
In Quebec, a hunger strike continues at the Kanesatake longhouse.
- Kanehsatà:ke resident’s hunger strike over land dispute reaches one week - APTN News
- Man starts hunger strike in Kanesatake over 301-year-old land dispute | CBC News
The duty to consult remains front and centre in New Brunswick.
Jurisdiction over cannabis is a hot topic in Nova Scotia.
Aboriginal fishing rights were in the headlines in PEI.
Also on the east coast, the Mi'kmaq and Wolastoqiyik have proposed an Indigenous water authority.
From the Courts
The Canadian Human Rights Tribunal dismissed a discrimination complaint against Keeseekoowenin First Nation.
- Polhill v. Keeseekoowenin First Nation, 2019 CHRT 42
- Woman banished from Manitoba First Nation wasn't discriminated against: human rights tribunal | CBC News
The Federal Court weighed in on Qalipu Mi’kmaq First Nation’s membership criteria.
Off the Press
This is a good piece on UNDRIP as a framework for reconciliation.
Here’s an informative introduction to Indigenous intellectual property.
Lastly, here’s a legal overview of Indigenous consent and the duty to consult.
What Aboriginal Law Issue Should We Cover Next?
First Peoples Law is committed to providing public education on current issues of interest to Indigenous Peoples. Let us know here what Aboriginal law issue we should write about next. If we choose your topic, I’ll send you a free copy of my latest book: Essays on Canadian Law and Decolonization.
Quote of the Week
“Canada can stall, litigate and mislead, but justice is coming whether it likes it or not.”
Cindy Blackstock, Executive Director, First Nations Child and Family Caring Society
Off the Bookshelf
“The constant, obvious flattery, contrary to all evidence, of the people around him had brought him to the point that he no longer saw his contradictions, no longer conformed his actions and words to reality, logic, or even simple common sense, but was fully convinced that all his orders, however senseless, unjust, and inconsistent with each other, became sensible, just and consistent with each other only because he gave them.”
Leo Tolstoy, Hadji Murat (1912)
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.