Aboriginal Law Report
By Bruce McIvor
In the News
The Trans Mountain pipeline project remains front and centre.
- Federal government hiding true cost of Trans Mountain Pipeline - Stand Earth
- Nations Divided: Mapping Canada's pipeline battle - Aljazeera
- Don't ask Trans Mountain's owner-operator for a cost estimate or timeline - National Observer
- Completing Trans Mountain expansion among top priorities in natural resources mandate - Alaska Highway News
The Prime Minister issued his mandate letters.
- Trudeau stresses a 'distinction-based approach' to Indigenous policy in ministers' new mandate letters - APTN News
- Minister of Crown-Indigenous Relations Mandate Letter
- Cabinet's mandate, if fulfilled, could offer a lot for northerners | CBC News
Lawyers will soon be required to take Indigenous cultural competency training in BC.
- B.C. law society moves to require Indigenous cultural competency training for all practising lawyers - Globe and Mail
- Lawyers in B.C. will be first in Canada required to study Indigenous issues, history: law society | CBC News
Salmon numbers continue to cause concern up the Fraser River.
- First Nations Leadership Council calls for immediate state of emergency over Big Bar landslide | CBC News
- Fraser River landslide has ‘huge’ impact on community: Interior First Nation - Times Colonist
- Pressure on to move rocks the size of 'houses and cars' at Big Bar landslide - Vancouver Sun
- Tsilhqot'in Nation in B.C. sounding the alarm over landslide that is blocking salmon run - APTN News
A caribou hunting ban was announced in Tsilhqot’in and Ulkatcho territories.
- Tsilhqot’in and Ulkatcho Announce Emergency No Caribou Hunting Ban - Tsilhqot'in National Government
Treaty rights and the duty to consult are at the centre of a proposed land sale in northern Alberta.
Also in Alberta, the Frontier oilsands project is back in the headlines.
- First Nations youth protest proposed massive oilsands mine at UN climate conference | CBC News
- Why the proposed Frontier oilsands mine is a political hot potato | The Narwhal
- First Nation says Alberta Premier Kenney is 'killing' proposed oilsands mine by not addressing concerns | CBC News
Child welfare and carbon tax are hot topics in Saskatchewan.
- FSIN chief offers to fight carbon tax — if Sask. premier helps him on First Nations child welfare | CBC News
- Saskatchewan Indigenous leader concerned over funding of child welfare | The Star
The relocation of Kashechewan First Nation remains stalled in Ontario.
- Moving Kashechewan—'This is our home. I can see the vision and we just need to turn it into reality' | CBC News
Custom adoption law is before the courts in the Northwest Territories.
Racists were all over the headlines this week.
- 2 men banned from PAL flights after making racist remarks to Indigenous passengers | CBC News
- Teenage hockey player says opposing team, spectators hurled slurs at him | CBC News
- Indigenous shoppers say they were racially profiled at Superstores by Winnipeg police | CBC News
- Indigenous student faces racist backlash for petition saying Secwepemc students should park free at university | CBC News
- Indigenous patient 'disgusted' by racist treatment at Windsor Regional Hospital | CBC News
From the Courts
The Federal Court of Appeal dismissed a challenge to the Indian Day School settlement.
- Ottawa v. McLean, 2019 FCA 309
- ‘We’re not out of the woods yet’: Federal Court dismisses appeal of day schools agreement - APTN News
- Federal Court of Appeal dismisses challenge to Indian day school settlement | CBC News
The BC Human Rights Tribunal weighed in on the discriminatory policing of Indigenous Peoples.
- Campbell v. Vancouver Police Board (No. 4), 2019 BCHRT 275
- Vancouver police discriminated against Indigenous mother, B.C. rights tribunal rules | CBC News
Off the Press
Here's an example of the colonial arguments that governments continue to advance in courts.
Here’s an investigative feature on Treaty rights in Mi’kmaq and Wolastoqiyik territories 20 years after the Marshall decision.
Lastly, this is a powerful piece by Cindy Blackstock on Canada’s ongoing discrimination against Indigenous children.
Quote of the Week
“Serving the public interest means a knowledge of the facts of history, even if that history does not show our society in a good light. These are historical and legal facts that continue to permeate all of Canada, its economy, its social fabric, its education system and its legal system. We need to ensure the public interest is met by ensuring that lawyers have that core knowledge.”
Michael McDonald, Truth and Reconciliation Advisory Committee, Law Society of BC
Off the Bookshelf
“Once more I will greet the earth who, in her lust to re-create me, swells her flaming belly with green seeds.”
Forough Farrokhzad, I Will Greet the Sun Again
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.