Aboriginal Law Report
By Bruce McIvor
In the News
#CancelCanadaDay was trending online.
- Cancel Canada Day: Marches protesting Indigenous injustice held in multiple cities - CTV News
- July 1 is a time to reflect on Canada's colonial and genocidal legacy - Rabble
- Indigenous communities find little to celebrate on Canada Day | CBC News
- Indigenous activists take to Halifax streets to call for government accountability | CBC News
Judicial diversity returned to the headlines.
Calls to decolonize mining laws continue in the Yukon.
- Yukon First Nation calls on territory to abolish ‘colonial’ claim staking process for mines | The Narwhal
Bill 1 received royal assent in Alberta.
Free, prior and informed consent was front and centre in Kanesatake.
South of the 49th, Treaty rights and white supremacy were in the spotlight.
- Treaty defenders block road leading to Mount Rushmore - Indian Country Today
- Cheyenne River Sioux Tribe chairman wants presidents removed from Mount Rushmore - APTN News
Colonial statues and place names continue to spark debate across Turtle Island.
- Sit-in protest at Regina John A. Macdonald statue hits day 14 - APTN News
- Efforts to rename Squaw Lake Road empowers students - Anishinabek News
- A 'Walk against Winston' stirs debate over another Halifax statue | CBC News
- Mi'kmaq to rename coast guard's Edward Cornwallis icebreaker | CBC News
- Columbus hauled away in namesake Ohio city - Indian Country Today
From the Courts
The Supreme Court refused to hear the Coldwater challenge to the TMX pipeline approval.
- First Nations Fail in Top Court Bid to Halt Trans Mountain Pipeline | The Tyee
- First Nations “extremely disappointed” by Supreme Court of Canada’s refusal to hear TMX appeal, but vow to keep fighting - Sacred Trust
- Supreme Court of Canada’s Dismissal of Leave to Appeal Coldwater Decision Fails to Uphold Indigenous Title and Rights - UBCIC
- First Nations say SCC refusal to hear pipeline appeal undermines consultation, reconciliation - The Lawyer's Daily
The Ontario Superior Court of Justice weighed in on phase 2 of the Restoule litigation. Thanks to James Shields for sharing the decision.
- Restoule v. Canada (Attorney General), 2020 ONSC 3932
- ‘Time for the governments to reject colonialism and embrace the facts,’ says Chief Sayers - Anishinabek News
- Sudbury judge clears way for next phase of historic lawsuit - Sudbury Star
The BC Supreme Court dismissed a claim for the return of reserve lands on Vancouver Island.
- Snaw-Naw-As First Nation v. Attorney General of Canada, 2020 BCSC 979
- B.C. Supreme Court dismisses claim against Island Corridor Foundation - Victoria News
Make sure to check out next week’s National Indigenous Justice Summit on policing and justice reform.
I’ll be joining a great lineup of speakers at the PBLI’s upcoming program "Developments in Aboriginal and Indigenous Law" on October 27-28, 2020.
Off the Press
In case you missed it, check out our latest case comment on the Dickson decision by my colleagues Angela D’Elia Decembrini and Kate Gunn.
Check out this piece on the history of Indigenous resistance by Rayanna Seymour-Hourie published on Canada Day.
First Peoples Law is co-editor of the 2020 edition of Annotated Aboriginal Law, available here.
Check out our new e-book: Reconciliation on Trial: Wet'suwet'en, Aboriginal Title and the Rule of Law.
Apply Now: Indigenous Law Student Scholarship
As part of our commitment to supporting the development of Indigenous lawyers, First Peoples Law is offering a scholarship in the amount of $5,000 to an Indigenous law student currently enrolled at a Canadian law school with a demonstrated interest in serving and advancing the interests of Indigenous Peoples.
Check out our feature on last year’s recipients.
Kitchen Table Chats
First Peoples Law is hosting a series of “Kitchen Table Chats” in response to COVID-19 to provide an opportunity for Indigenous people to share information and develop strategies to help their communities stay safe and healthy.
First Peoples Law Reading List
Looking to learn more about Indigenous rights in Canada? Check out our reading list.
Quote of the Week
“The day is always a taxing, and often harmful, one. I will reflect on the 153 years my communities have resisted and survived in spite of genocide and injustice, and I will talk about the future we need and must fight to see — a future in which holidays aren’t celebrating a day which only exists at the costs of others lives. I hope Canada can do some reflecting and fighting too.”
Riley Yesno, writer and public speaker
Off the Bookshelf
“The issue is not about what you write with, but the hand that dreams when it writes. And that is what the pencil is afraid of, to realize that it is not necessary.”
Subcomandante Marcos, The Hand that Dreams When it Writes (2001)
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.