Aboriginal Law Report
By Bruce McIvor
In the News
COVID-19 remains front and centre.
- Assembly of First Nations Declares State of Emergency on COVID-19 Pandemic | AFN
- First Nations can now delay elections during COVID-19 pandemic, says federal minister | CBC News
- First Nation elections pose significant health risk - The Lawyer's Daily
- Kashechewan asks PM to send in military as flood season approaches with COVID-19 preventing evacuations - APTN News
- Maskwacis activates 'medicine chest' treaty clause, declaring state of emergency | CBC News
- Federal government promises to prevent First Nation youth from aging out of care during pandemic - APTN News
- Pause sweat lodges and pipe ceremonies, restrict contact to stop COVID-19, say Indigenous doctors | CBC News
- Nurses struggle to provide care as docs pulled out of reserves - Winnipeg Free Press
- Indigenous communities introducing curfews, fines to limit spread of COVID-19 | CBC News
Calls for Indigenous decarceration continue.
- COVID-19 pandemic plan needed for Canada's jails and prisons - APTN News
- ‘A death sentence:’ Advocates warn of COVID-19 spread in jails, prisons - National Post
- UBCIC demands immediate release of all non-violent offenders as part of COVID-19 pandemic response and emergency state of Indigenous incarceration
- Prosecutors review whether some N.W.T. inmates can be released, amid calls from defence lawyers | CBC News
Megaproject construction is ongoing.
- BC’s Work Camps Stay Open Despite Pandemic Risks | The Tyee
- Pipeline workers putting locals at risk of COVID-19 infection: Unist'ot'en - APTN News
- There’s Still No Deal in Wet’suwet’en But Pipeline Construction Is Ongoing - Vice
- Call for the Halting of Site C Construction Due to the COVID-19 Outbreak - UBCIC
- COVID-19 clamps down on Wet'suwet'en all-clans meeting - APTN News
Crown and Indigenous sovereignty are hot topics in the Arctic.
From the Courts
The duty to consult was not fulfilled for the Alton Gas project in Nova Scotia.
- Sipekne’katik v. Alton Natural Gas Storage LP, 2020 NSSC 111
- Nova Scotia government didn't consult adequately with Sipekne'katik Band, judge rules | The Chronicle Herald
- Siding with First Nation, N.S. judge overturns Alton Gas approval | CBC News
- Canada (Attorney General) v. Northern Inter-Tribal Health Authority Inc., 2020 FCA 63
- First Nations health service pensions under provincial jurisdiction, Federal Court of Appeal rules - The Lawyer's Daily
The Saskatchewan Court of Appeal ruled on a custom election tribunal order.
- Her Majesty the Queen in Right of the Province of Nova Scotia v. Pictou Landing First Nation, 2020 CanLII 23623
South of the colonial border, a US Federal Court struck down permits for the Dakota Access Pipeline.
- Standing Rock Sioux Tribe, et al. v. US Army Corps of Engineers, et al.
- Standing Rock Sioux Tribe Wins a Victory in Dakota Access Pipeline Case - NY Times
FPL in the News
RAVEN interviewed me for their latest podcast episode: Lifting the Lie of Denial.
Off the Press
Read this important call for a gendered pandemic response plan.
ICYMI, here's a legal brief on Canada's international law obligations.
Check out MEDIA INDIGENA’s latest podcast episode: An Indigenous Historian's Take on COVID-19.
First Peoples Law is co-editor of the 2020 edition of Annotated Aboriginal Law, available here.
Quote of the Week
“In the current crisis context of ongoing genocide against Indigenous women and girls, it is critically urgent to develop a gendered pandemic plan now.”
Off the Bookshelf
"It was when public health laws were enacted on a colonial level that implicit connections between gender, race, and disease became especially clear."
Adele Perry, On the Edge of Empire: Gender, Race, and the Making of British Columbia, 1849-1871 (2002)
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.