Last month we posted about a possible wrench in the works for a 6.2 billion hydroelectric energy project in Labrador due to an application for an ex parte injunction by the NunatuKavut Community Council. They wanted the public hearings to be halted until their “duty to consult” claims were addressed. However, that injunction was recently denied by the Newfoundland and Labrador Supreme Court. Here’s the decision.
Author: Peter Scott Vicaire
Alberta Court of Appeal Grants Leave To Appeal to Paddle Prairie Métis Settlement
The “Settlement” sought leave to appeal from a June 22, 2010 decision of the respondent, the Métis Settlements Appeal Tribunal, concerning a land dispute. Here’s the decision.
The land dispute involves questions relating to a number of instruments, including the Metis Settlements Act, R.S.A. 2000, c. M-14 (“MSA”), the Metis Settlements Land Registry Regulation, Alta. Reg. 361/1991 (“Regulation”), the Metis Settlements General Council Land Policy (“Land Policy”), and the Settlement Housing Program (“Housing Program”).
The Tax Man Cometh: Aboriginals Working For Aboriginals in Toronto
In Davad v. R., The Federal Tax Court of Canada denied the appeal of several Aboriginal people who worked for (1) Miziwe Biik Aboriginal Employment and Training , or (2) Aboriginal Legal Services of Toronto, or (3) the Ontario Federation of Indian Friendship Centres. All of these Aboriginal organizations are located in Toronto and the Aboriginal employees were placed by Native Leasing Services, an Aboriginal job placement business.
Manitoba Court Grants Band’s Motion to Amend Statement of Claim – No More Individual Plaintiffs
In January 1997, the Chief and Councillors of the Mathias Colomb Cree Nation sued Manitoba, Manitoba Hydro, and the Queen in Right of Canada over 10,000 liters of spilled diesel fuel that contaminated their land, soil, water and air in the vicinity, in a claim for nuisance.
Recently, in Bighetty v. Manitoba, the MC Cree Nation sought a motion to amend their Statement of Claim because the named plaintiffs in their suit were individuals – the Chief and Councillors, and not the Band itself. They were individually named because in 1997, the law was “unclear” as to whether or not an Indian Band had legal status to sue. Since then, however, the law has evolved so that an Indian Band can sue and is a proper party to be named as a plaintiff for this type of nuisance claim.
Alberta Court of Queen’s Bench Allows Two Tribes To Intervene In Métis Right To Hunt Case
Last December, we posted a small piece on R. v. Hirsekorn, a test case concerning the Métis right to hunt in Alberta. The Alberta Court of Queen’s Bench recently allowed the Blood Tribe and Siksika Nation to intervene in the forthcoming appeal.
Kendall Panther Bone of the Siksika Nation claimed that the the exercise of harvesting rights under Treaty 7 has diminished over time, that the supply is currently limited in the Treaty 7 area and Siksika seeks to protect its traditional rights in southern Alberta.
Kirby Many Fingers of the Blood Tribe noted that “judicial recognition of a Métis right to hunt or fish for food within the Blood Tribe’s Treaty 7 or traditional territory could clearly have an adverse impact on the Treaty rights of the Blood Tribe.”
Dog Eat Dog World In Alberta Court of Queen’s Bench
Norman Bevis Many Fingers, of the Blood Reserve in southern Alberta, shot and killed two dogs engaged in a dogfight. Witnesses estimate that there were 15-30 people, mostly children, in the immediate vicinity of the shooting. Interestingly, Many Fingers attempted to claim that his aboriginal and treaty rights were violated after he was charged with unsafe use of a firearm under ss. 86(1) and 88(1) of the Criminal Code and failure to register a firearm under s. 91(1). He was found guilty under s. 91(1) and appealed.
Federal Court of Canada Sets Aside INAC’s Decision To Let First Nation’s Election Results Stand
Nelson Keeper, the losing candidate for Chief in an election held by and for the Little Grand Rapids First Nation appealed to Canada’s Federal Court based on allegations that the winning candidate, Martin Owens, used alcohol and improper influence by the Electoral Officer to win.
Canada’s Federal Court Interferes With Band Membership Determination – Then Determines That Issue Is Moot
After the Whitesand First Nation revoked Elton Mitchell Diabo’s band membership, he appealed to Canada’s Federal Court. The judge set aside the decision of the Band Council and ordered it to reinstate his membership after determining that the Band Council’s actions were “unfair.”
Quebec: Making First Nation Law – The Listuguj Mi’gmaq Fishery
The National Centre (that’s right, “Centre”) for First Nations Governance recently released an article, video, and report on a community near and dear to my heart – Listuguj, where I grew up!
Labrador: The Government Of Canada Reaches Financial Agreement With The Innu Of Labrador
Source: Indian and Northern Affairs Canada
The Honourable John Duncan, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, and Joseph Riche and George Rich, Grand Chief and Deputy Grand Chief of the Innu Nation of Labrador, announced today the signing of a financial agreement. The Government of Canada is currently in land claim negotiations with the Innu of Labrador and the Government of Newfoundland and Labrador.
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