CTV recently released (October 4) a tiny story on what could be a monolithic advancement for the Mi’kmaq of Nova Scotia, and in turn for aboriginals throughout Canada. Here’s the story. However, be forewarned, this small piece, not even 200 words, barely offers any substance and reads more like an Onion article (“[O]ne of the most pressing details to work out for the Mi’kmaq is to find a place to put a House of Assembly”). And perhaps tellingly, Federal Aboriginal Affairs and Northern Development Minister John Duncan would not offer comment on it. Curioser and curioser. Stay tuned…
Author: Peter Scott Vicaire
Ontario Superior Court of Justice Adds Two Schools To Residential Schools Settlement Agreement
Stirland Lake and Cristal Lake have been added to the already 130+ number of schools that have been identified and listed under Schedules “E” or “F” of Canada’s Residential Schools Settlement Agreement. Here’s the decision, Fontaine v. Canada (Attorney General).
British Columbia Court of Appeal Dismisses Vancouver’s Appeal Against Musqueam Indian Band
The court didn’t agree with the Greater Vancouver Regional District’s argument that the recent Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act was ultra vires the province’s power because “it is, in pith and substance, a law in relation to ‘Indians and Lands reserved for the Indians.'” The decision is here.
Tzeachten First Nation v. Canada Lands Co.
An application by Canada Lands Co. to dismiss an action brought by Chief Joe Hall on behalf of the members of Tzeachten First Nation, the Skowkale First Nation and the Yakweakwioose First Nation, was rejected by the British Columbia Supreme Court. Canada Lands Co. claimed that Tzeachan’s action was barred by res judicata. Alternatively, Canada Lands Co. asked that the claim be struck because it disclosed no reasonable claim or was an abuse of process.
The judge denied the application. Here’s the decision.
Campbell v. British Columbia: Costs Awarded To Crown and Sunshine Logging
There’s no legal sunshine for the unsuccessful aboriginal petitioners (Sinixt Nation Society, Representative Body of the Sinixt Nation) who were not only deemed to have no standing back in February, but now the B.C Supreme Court has also awarded costs to both the Crown and Sunshine Logging Ltd. Here’s the decision. It provides an interesting analysis of costs in the context of what constitutes public interest actions.
Louis v. British Columbia: Crown Acted Honourably – Discharged Its Duty To Consult Obligation
It looks like Chief Reginald Louis and members of the Stellat’en First Nation are out of luck. They sought judicial review and a number of orders on the basis that the provincial Crown (B.C. Ministry of Energy, Mines and Petroleum Resources) failed to adequately and meaningfully consult them. Their concern was in relation to a mine located on land over which they have asserted Aboriginal title and rights. Here’s the decision.
Sun Peaks Resort Added as Respondent In Forthcoming “Duty to Consult” Appeal
Updated Canadian Supreme Court Justice Stats
Here’s the updated stats for the Supreme Court of Canada’s justices after the recent R. v. Bastien; R. v. Dubé and Peavine Metis Settlement v. Alberta decisions. They now range from 27.2% (LeBel) all the way to 50% (Rothstein and Cromwell) in favor of aboriginal interests.
Take that, Justices Roberts and Alito – still both at 0% ~ 0/7 and 0/6, respectively. The complete U.S. Supreme Court stats can be found here.
Gitxsan Nation v. Gitxsan Treaty Society: No Reasonable Cause of Action
A British Columbia Supreme Court judge recently dismissed an action by the Gitxsan Nation against the Gitxsan Treaty Society (“GTS”) (oppression); Canada and British Columbia (breach of fiduciary duty and of duty of honour) and; the British Columbia Treaty Commission (negligence).
The plaintiffs’ complaint is that over the years the GTS has unduly restricted the involvement of the plaintiff hereditary chiefs and Indian bands in treaty negotiations. They complain that, amongst other things, GTS has declined to take direction or input from the Gitxsan chiefs, restricted debate on matters of concern to all Gitxsan, and conducted its affairs in a secretive and “oppressive” manner that was unfairly prejudicial to the plaintiffs.
Manitoba Aboriginal Man Charged With Second Degree Murder Forwards Bizarre Defense
Here’s an interesting case concerning the criminal defense by an Aboriginal man in Manitoba charged with second degree murder and conspiracy to commit robbery. Though his argument (Canada has no jurisdiction over him because he’s aboriginal) is certainly not novel, the manner in which it is presented is actually quite bizarre. It’s worth a quick read – R. v. Campbell.
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