Aboriginal Law Report
By Bruce McIvor
In the News
Federal and provincial ministers have entered talks with Wet’suwet’en Hereditary Chiefs.
- Wet'suwet'en Demand RCMP Stand Down, Discussions Begin - Unist'ot'en Camp
- ‘Atmosphere of Wiggus’: CGL, RCMP stand down for meetings - APTN News
- Minister prepared to stay in northern B.C. for Wet’suwet’en talks ‘as long as it takes’ - Global News
- Bomb threat made against Wet’suwet’en and Tyendinaga Mohawks as far right escalates talk of violence | Ricochet
- Allies need to speak up to address rise in anti-Indigenous racism and violence, advocates say | CBC News
- Wet’suwet’en Isn’t Just About a Pipeline, but Keeping Indigenous Women Safe - Vice
- Human rights concerns mount as Gitxsan hereditary chiefs and Mohawk land defenders arrested - Rabble
- Indigenous youth and allies re-occupy B.C. Legislature steps overnight - Martlet
Also in BC, the Cheslatta Carrier Nation reached a historic agreement.
- Cheslatta Carrier Nation signs agreement with company that forced them from their homes 68 years ago | CBC News
Teck Resources withdrew its application for the Frontier mine.
- Teck’s Oilsands Mine: The Case Kept Getting Worse and Worse | The Tyee
- Teck withdraws application for $20B Frontier oilsands mine | CBC News
- 11 things you need to know about the oilsands as Teck abandons plans for Frontier mine | The Narwhal
- Teck Withdraws Frontier Mine Proposal Amidst a Volatile Oil Market Forced to Respond to the Climate Emergency - UBCIC
Also in Alberta, the provincial government tabled its "blockade bill."
- Alberta's anti-protestor bill suppresses democracy and violates treaties, say critics | Ricochet
- Alberta Bill Sees Jail Time, Fines For People Blocking ‘Critical Infrastructure’ - Huffington Post
- Alberta tables bill that would jail pipeline protesters for up to six months, impose major fines - Globe and Mail
The Sixties Scoop settlement was back in Saskatchewan headlines.
- Social Services told 60s Scoop survivor documents were 'destroyed': privacy commissioner - Star Phoenix
Passamaquoddy recognition talks are nearing completion in New Brunswick.
In Nova Scotia, a "moderate living fishery" agreement is in the works.
Indigenous jurisdiction over conservation is front and centre across the territories.
Ottawa’s legal challenge to First Nations child welfare compensation continues.
- No compensation for parents of First Nations children that died in care, Justice lawyer tells tribunal - APTN News
From the Courts
The BC Supreme Court ruled on court hearing fees in Blueberry River First Nations’ Treaty infringement trial and document disclosure in Nuchatlaht’s Aboriginal title trial.
The Alberta Court of Appeal weighed in on federal carbon pricing.
- Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
- All eyes turn to Supreme Court after Alberta carbon tax ruling, legal scholar says - The Lawyer's Daily
Here’s the Federal Court’s latest band membership decision.
- Engstrom v. Peters First Nation, 2020 FC 286
- Band council used ‘array of excuses’ to deny membership applications: Federal Court - APTN News
Off the Press
In case you missed it, here is our three-part Wet'suwet'en series.
- Reconciliation at the End of a Gun: The Wet’suwet’en and the RCMP
- The Wet'suwet'en, Aboriginal Title, and the Rule of Law: An Explainer
- The Wet’suwet’en, Governments and Indigenous Peoples: A 5 Step Plan for Reconciliation
Here’s a good overview of the colonial injunction industry.
This new book promises an insightful legal history of Aboriginal law.
First Peoples Law is co-editor of the 2020 edition of Annotated Aboriginal Law. The book is now published and available here.
I’ll be giving a talk at Banyen Books & Sound on March 11 on “First Peoples Law, Decolonization, and the Struggle for Justice in Canada.” Here are the details.
The Honourable Marion Buller will be giving the keynote at the UBC Indigenous Law Students Association reception and fundraiser on March 12.
Quote of the Week
"In the hands of industry and governments alike, the injunction, still billed as an extraordinary legal remedy, has emerged as the all-too-ordinary response to Indigenous assertions of jurisdiction and solidarity."
Shiri Pasternak and Irina Ceric
Off the Bookshelf
"You cannot exclude unless you assume you already own."
Aileen Moreton-Robinson, The White Possessive: Property, Power, and Indigenous Sovereignty (2015)
Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights. Bruce is a proud Métis from the Red River in Manitoba. He holds a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar. A member of the bar in British Columbia and Ontario, Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada.
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This week's Aboriginal Law Report was produced with the assistance of Cody O'Neil.