First Peoples Law

03/17/2023

Yukon gov't to appeal court decision quashing approval of mining project near Mayo | CBC News

“The First Nation argued at a hearing last summer that the Yukon government didn't seem to give much thought to FNNND's interests or concerns before signing off on the project.” https://buff.ly/42nOeDQ

The Yukon government is appealing a recent court decision that found it had failed to properly consult with the First Nation of Na-Cho Nyäk Dun over a project in the First Nation's traditional territory.

03/16/2023

Sask. First Act passes in front of gallery full of First Nations and Métis people opposed to bill | CBC News

"First Nations leaders believe the province of Saskatchewan does not have the legal authority to assert exclusive jurisdiction over natural resources, as Treaties signed with First Nations take precedence and pre-date the creation of the government," the FSIN said in a statement.” https://buff.ly/3TuOFbB

Saskatchewan's governing party voted unanimously to pass the Saskatchewan First Act on Thursday in front of a gallery full of First Nations and Métis community members who travelled to the legislature in opposition of the bill.

03/16/2023

Ten acres of land taken for E&N rail line on Vancouver Island to be returned to Nanoose First Nation

“Chief Gordon Edwards of Snaw-Naw-As (Nanoose) First Nation called Tuesday a “historic day,” as the federal and provincial governments announced plans to return 10-plus acres taken from the reserve in the early 1900s to launch the now-closed E&N rail line.” https://buff.ly/40eUPi6

The B.C. Appeal Court had set Tuesday as the deadline for the federal government to decide whether it would support a proposed new modern rail system on the corridor lands running between Victoria and Courtenay.

03/16/2023

IN BRIEF: JIM SHOT BOTH SIDES, ET AL. V. HIS MAJESTY THE KING

By Kate Gunn and Tyler Swan

WHAT IT’S ABOUT

The Supreme Court of Canada will decide whether First Nations can be barred from bringing claims based on breaches of the Crown’s treaty obligations under provincial limitation periods.

WHAT HAPPENED

The Blood Tribe brought an action against Canada for failure to set aside reserve lands as promised under Treaty 7.

The claim was started after the regular 6-year limitation period in Alberta had expired. A limitation period refers to the time limit for starting a new legal claim in court. If a claim is started after the time limit has expired, the court cannot hear the claim, regardless of how strong it is.

The Federal Court held that the Blood Tribe could still proceed with the claim because treaty rights couldn’t be enforced under Canadian law until the enactment of the Constitution Act, 1982.

The Federal Court of Appeal disagreed. The Court held that Canada’s obligations to fulfil the Crown’s treaty promises existed and were enforceable at law prior to 1982.

As a result, the Blood Tribe was barred from proceeding with the claim because it had been started after the expiration of the provincial limitation period. The Blood Tribe appealed to the Supreme Court.

WHY IT’S IMPORTANT

The Supreme Court’s decision will affect the ability of First Nations across the country to seek redress for breaches of the Crown’s treaty obligations.

If the Supreme Court upholds the Court of Appeal decision, First Nations may be barred from filing treaty-based claims if the claim could have been “discovered” prior to 1982. First Nations might still pursue these claims at the Specific Claims Tribunal. However, the relief available at the Tribunal is more limited than in court.

WHAT HAPPENS NEXT?

The Supreme Court will set a schedule for the hearing, including deadlines for First Nations to apply to participate as intervenors in the appeal. The appeal (https://buff.ly/3LvOjQd) will likely be heard later in 2023 or early 2024.

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Photo credit: https://buff.ly/3Lne059
License: https://buff.ly/2uK3aRU

Kate Gunn is partner at First Peoples Law LLP. Kate completed her Master's of Law at the University of British Columbia. Her most recent academic essay, "Agreeing to Share: Treaty 3, History & the Courts," was published in the UBC Law Review.

Tyler Swan is a lawyer at First Peoples Law LLP

First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples. We work exclusively with Indigenous Peoples to defend their inherent and constitutionally protected title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their current and future generations.

Chat with us @ https://www.firstpeopleslaw.com/

For more First Peoples Law analysis, visit our blog @ https://www.firstpeopleslaw.com/public-education/blog

Sign up for our First Peoples Law Report @ https://www.firstpeopleslaw.com/aboriginal-law-report

Read this post on our website @ https://www.firstpeopleslaw.com/public-education/blog/in-brief-jim-shot-both-sides-et-al-v-his-majesty-the-king

03/15/2023

First Peoples Law Report for March 14th

This week’s edition includes hunting rights, Treaty rights, Charter rights, injunctions and more @ https://bit.ly/42740Dc

Your weekly Indigenous rights update from First Peoples Law.

03/15/2023

Sign up for our mailing list @ https://buff.ly/34Axyh4 to get the first post in our new series In Brief, featuring concise summaries and short opinions on recent case law, legislation and other developments in the law by Kate Gunn and Tyler Swan, out first thing tomorrow!

03/15/2023

First Nations sue Canada over child-welfare system's destruction of culture, language | CBC News

“Chief David Crate and nine other chiefs are seeking collective compensation for alleged community-level harms exacted by the "mass scooping" of First Nations kids into state custody for more than three decades.” https://buff.ly/3TmpNCY

Ten Prairie-based First Nations are suing the Canadian government in Federal Court over the loss of language, culture and tradition inflicted on communities by the modern First Nations child-welfare system.

03/14/2023

First Peoples Law Report for March 14th

This week’s edition includes hunting rights, Treaty rights, Charter rights, injunctions and more @ https://bit.ly/42740Dc

Your weekly Indigenous rights update from First Peoples Law.

03/13/2023

First Peoples Law Report | First Peoples Law LLP

For your latest news on Indigenous rights, sign up for our weekly First Peoples Law Report @ https://bit.ly/2E40Edx and get your first edition straight to your inbox tomorrow!

Your weekly news update on Indigenous rights from First Peoples Law.

03/10/2023

Chiefs ban RCMP’s ‘militarized’ squadron from Gitxsan lands in northern B.C. - Clearwater Times

“While we embrace safety measures for our community, the militarized squadron of the RCMP [the C-IRG] funded to the tune of $50M, have been sent to terrorize our people at the barrel of a gun during peaceful protests and blockades,” the notice reads. https://buff.ly/3mJO7T1

Community-Industry Response Group not welcome on Gitxsan lands, say chiefs

03/10/2023

Proposed Sask. gun legislation ‘introduced without consultation,’ says FSIN

“(The) Treaty right to hunt, fish, trap and gather … is fundamental to the assurances that were made to First Nations under Treaty and we will protect our Treaties to the fullest extent,” FSIN Chief Bobby Cameron said in a statement.https://buff.ly/3T1ow3X

The FSIN says it overlooks the needs of First Nations gun owners and subsistence hunters.

03/09/2023

Looking for clear, plain answers to frequently asked questions about Indigenous rights? Sign up for Bruce McIvor's "Indigenous Rights in One Minute" @ https://buff.ly/3MydHSP + submit your own questions @ https://buff.ly/3LPKJwM

03/09/2023

This week’s edition includes land defence, consultation, class actions, human rights and more @ https://buff.ly/3JizhM8

03/09/2023

B.C. First Nations leaders want Fisheries and Oceans science reviews put under the microscope | CBC News

“They are pillar of most cultures for First Nations in British Columbia. If we don't have that, then one of those pillars is gone. That's not really an option for us.” said Hugh Braker, a member of the First Nations Summit political executive. https://buff.ly/3ZWv8D3

First Nations leaders in B.C. are calling for an investigation into Fisheries and Oceans Canada's (DFO) scientific review and decision-making processes after a group of scientists pointed out flaws in a recent report on salmon farming and parasites.

03/08/2023

Métis Nation B.C. in court after feds say it doesn't qualify as 'Indigenous governing body' | CBC News

“The decision sparked an ongoing court challenge in which MNBC, one of four provincial branches of the Métis National Council, calls the move unreasonable and wrong, and asks a judge to quash it.” https://buff.ly/3F7ApQi

The Canadian government is blocking the Métis Nation B.C.’s bid to opt into federal Indigenous child-welfare law on the grounds that MNBC doesn’t qualify as an 'Indigenous governing body,' sparking a Federal Court challenge.

03/08/2023

This week’s edition includes land defence, consultation, class actions, human rights and more @ https://buff.ly/3JizhM8

03/07/2023

This week’s edition includes land defence, consultation, class actions, human rights and more @ https://buff.ly/3JizhM8

03/07/2023

This week’s edition includes land defence, consultation, class actions, human rights and more @ https://buff.ly/3JizhM8

03/07/2023

For your latest news on Indigenous rights, sign up for our weekly First Peoples Law Report @ https://buff.ly/31Yo8sX and get your first edition straight to your inbox tomorrow!

03/04/2023

200 Years of Denial: Johnson v. M’Intosh and the Doctrine of Discovery | Bruce McIvor | First Peoples Law LLP

Don’t forget to check out our latest blog post 200 Years of Denial: Johnson v. M’Intosh and the Doctrine of Discovery by Bruce McIvor @

This week marks the 200th anniversary of the US Supreme Court’s 1823 decision Johnson v. M’Intosh. In the decision, Chief Justice Marshall relied on the racist doctrine of discovery as the basis for European nations’ asserted sovereignty over Indigenous Peoples’ lands upon ‘discovering’ ...

03/03/2023

Indigenous leaders need to be part of Churchill Falls discussions, says Innu Nation grand chief | CBC News

"This project is under our land territory, our Innu land territory," Chief Etienne Rich told CBC News. "We lost a lot … when they built that dam." https://buff.ly/3IK6zSR

When Quebec Premier François Legault met with Newfoundland and Labrador Premier Andrew Furey in St. John's last week to discuss the Churchill Falls agreement, there were no Indigenous leaders from Labrador present — and that has the grand chief of the Innu Nation concerned.

03/03/2023

200 Years of Denial: Johnson v. M’Intosh and the Doctrine of Discovery | Bruce McIvor | First Peoples Law LLP

Check out our latest blog post 200 Years of Denial: Johnson v. M’Intosh and the Doctrine of Discovery by Bruce McIvor @ https://buff.ly/3Zeobxd

This week marks the 200th anniversary of the US Supreme Court’s 1823 decision Johnson v. M’Intosh. In the decision, Chief Justice Marshall relied on the racist doctrine of discovery as the basis for European nations’ asserted sovereignty over Indigenous Peoples’ lands upon ‘discovering’ ...

03/02/2023

Deal reached between 2 First Nations and Vancouver Island copper and zinc mine - Nanaimo News Bulletin

“Having gone 57 years without an equitable agreement with this operating mine, these agreements are historic,” said Chief Chris Roberts, Wei Wai K*m Nation. https://buff.ly/3SY7Iel

Wei Wai K*m and We Wai Kai Nations sign historic agreement with the Myra Falls mine

03/02/2023

We're hiring! FPL's Vancouver office is looking for a Legal Administrative Assistant. Think you or someone you know may be a good fit? Check out details and how to apply @ https://buff.ly/3YfIY25

03/02/2023

200 YEARS OF DENIAL: JOHNSON V. M’INTOSH AND THE DOCTRINE OF DISCOVERY
By Bruce McIvor

This week marks the 200th anniversary of the US Supreme Court’s 1823 decision Johnson v. M’Intosh. In the decision, Chief Justice Marshall relied on the racist doctrine of discovery as the basis for European nations’ asserted sovereignty over Indigenous Peoples’ lands upon ‘discovering’ them.

The doctrine was imported into Canadian law through the St. Catherine’s Milling decision and the Supreme Court of Canada continues to rely on it as the basis for the Crown’s asserted sovereignty over Indigenous Peoples’ lands across the country.

Indigenous Peoples around the world continue to call on governments and courts to repudiate the doctrine.

We thought it would be useful to provide a list of resources for anyone wanting to learn more about the doctrine of discovery and support Indigenous Peoples’ calls to reject it.

It is not a comprehensive list. We would welcome any feedback or recommendations.

Here is a video introduction to the doctrine created by Anna Socha with audio from a podcast interview I did with the Globe and Mail. (https://buff.ly/3cMV7cU)

(https://buff.ly/3YbGtxI)

Check out the list on our website here: https://buff.ly/3Zeobxd

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Bruce McIvor, lawyer and historian, is partner at First Peoples Law LLP. 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. 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. Bruce's ancestors took Métis scrip at Red River in Manitoba. He holds a law degree, a Ph.D. in Aboriginal and environmental history, is a Fulbright Scholar and author of Standoff: Why Reconciliation Fails Indigenous People and How to Fix It. He is a member of the Manitoba Métis Federation.

First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples. We work exclusively with Indigenous Peoples to defend their inherent and constitutionally protected title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their current and future generations.

Chat with us @ https://buff.ly/2VQ7rij

For more First Peoples Law analysis, visit our blog @ https://buff.ly/34Axyh4

Sign up for our First Peoples Law Report @ https://buff.ly/31Yo8sX

Read this post on our website @ https://buff.ly/3Zeobxd

03/02/2023

Some traditional lands to return to Wolastoqey Nation, agreement signed | CBC News

“A New Brunswick forestry company is agreeing to transfer a parcel of land to Wolastoqey communities in the province and allow their members input into their forest management practices.” https://buff.ly/3EPwQxU

An organization representing New Brunswick's six Wolastoqey First Nations has signed a memorandum of understanding with the A.V. Group that will see the forestry company transfer a parcel of land back to the First Nation communities.

03/01/2023

First Peoples Law Report for February 28th

This week’s edition includes treaty rights, hunting rights, self-government, specific claims, Indigenous law and more @ https://bit.ly/3Z4cMzH

Your weekly Indigenous rights update from First Peoples Law.

03/01/2023

First Nations leaders voice support for $2.8B federal agreement to settle lawsuit on residential schools | CBC News

“Chief Gottfriedson said it was "about time Canada steps aside" and lets First Nations themselves decide how to mitigate the harms done by residential schools.” https://buff.ly/3ZleXPc

The settlement is expected to be approved after the Federal Court hearing's conclusion this week.

02/28/2023

First Peoples Law Report for February 28th

This week’s edition includes treaty rights, hunting rights, self-government, specific claims, Indigenous law and more @ https://bit.ly/3Z4cMzH

Your weekly Indigenous rights update from First Peoples Law.

02/27/2023

First Peoples Law Report | First Peoples Law LLP

For your latest news on Indigenous rights, sign up for our weekly First Peoples Law Report @ https://buff.ly/31Yo8sX and get your first edition straight to your inbox tomorrow!

Your weekly news update on Indigenous rights from First Peoples Law.

02/23/2023

Wolastoqiyik, Mi'kmaq say they're allies in land rights despite overlapping title claims | CBC News

"We are partners. We are allies in this. Our biggest challenge is going to have the province recognize it," said Chief Patricia Bernard of Madawaska Maliseet First Nation. https://buff.ly/3ZdImuE

As several Indigenous nations in eastern Canada make overlapping claims to their traditional lands, they say the biggest obstacle won't be dealing with each other, but with the government of New Brunswick.

02/23/2023

Reading Lists | First Peoples Law LLP

Looking to get informed about Indigenous rights? Check out our reading + multimedia lists @
https://bit.ly/3lofIDw

Looking to learn more about Indigenous rights in so-called Canada? Check out our reading lists! We would welcome any feedback or reading recommendations.

02/22/2023

New report reveals Indigenous language learning is on the rise in B.C. | CBC News

“There are "about 17,000 people learning their First Nations language here in British Columbia," FPCC CEO Tracey Herbert said, adding that's up about 20 per cent from the council's last Report on the Status of B.C. First Nations Languages in 2018.” https://buff.ly/3SnAch8

Indigenous language learning is on the rise, with about 3,000 more learners compared to 2018, according to the First Peoples' Cultural Council Report on the Status of B.C. First Nations Languages.

02/22/2023

First Peoples Law Report for February 21st

This week’s edition includes repatriation, consultation, human rights, land rights and more @ https://buff.ly/3lF4MGD

Your weekly Indigenous rights update from First Peoples Law.

02/21/2023

First Peoples Law Report for February 21st

This week’s edition includes repatriation, consultation, human rights, land rights and more @ https://buff.ly/3lF4MGD

Your weekly Indigenous rights update from First Peoples Law.

02/20/2023

First Peoples Law Report | First Peoples Law LLP

For your latest news on Indigenous rights, sign up for our weekly First Peoples Law Report @ https://buff.ly/31Yo8sX and get your first edition straight to your inbox tomorrow!

Your weekly news update on Indigenous rights from First Peoples Law.

02/18/2023

Why is the St. Catherine’s Milling Decision Important? | Indigenous Rights in One Minute | Bruce McIvor

Check out the latest instalment of “Indigenous Rights in One Minute" @ https://buff.ly/3XJqFSu

Bruce McIvor's clear, plain answers to frequently asked questions about Indigenous rights.

02/17/2023

We’re hiring! Our Vancouver office is looking for a Director of Client Relations. Think you or someone you know may be interested? For details and how to apply visit https://buff.ly/3Z3WhUd

02/17/2023

In the Courts: First Nation takes B.C. government to court over Brucejack mine

“The Tsetsaut/Skii km Lax Ha Nation is taking the province to court claiming the government failed in its duty to consult with the First Nation regarding a mining company’s acquisition of a mine in its territory, and has failed to work with the mine’s new owners and the nation to continue negotiations of a benefit-sharing agreement.”https://buff.ly/3Z3Ho4d

Petition stems from halted negotiations amid acquisition deal

02/17/2023

WHY IS THE ST. CATHERINE’S MILLING DECISION IMPORTANT?

By Bruce McIvor

The St. Catherine’s Milling (1888) decision is important because it was the first major Canadian court case to consider the relationship between Indigenous Peoples’ legal interests over their lands and the legal interests of the federal and provincial governments.

The case was the result of a dispute between the federal and Ontario governments over logging rights in north-western Ontario—Indigenous Peoples were not directly involved. The federal government argued the lands had been owned by the Anishinaabe and that their land rights had passed to the federal government through Treaty #3. Ontario insisted that it held title to the lands.

The case was ultimately heard by the Judicial Committee of the Privy Council in England, which was the highest court for Canadian legal disputes until 1949.

The Privy Council decided that while the federal government had the right to pass laws affecting ‘Indians’ and their lands, Ontario had acquired the beneficial interest in Indigenous Peoples’ lands (except for Indian reserves), not the federal government.

St. Catherine’s Milling imported the doctrine of discovery, which had been pronounced by the US Supreme Court in the 1820s, into Canadian law. The Canadian Supreme Court has continued to rely on the doctrine as fundamental to its interpretation of section 35(1) of the Constitution.

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Have a question about Indigenous rights? Submit your questions @
https://buff.ly/3LPKJwM and Bruce will answer as many as possible in the monthly newsletter.

Sign up for our mailing list @
https://buff.ly/3MydHSP to get future installments of "Indigenous Rights in One Minute" straight to your inbox.

Did you miss last month's post? Check out Bruce's answers to other questions @
https://buff.ly/3NhyYQI