VICE-PRESIDENT, ACADEMICS
Author: Peter Scott Vicaire
Clayton v. Lower Nicola Indian Band: Former Chief May Be Liable For $100,000 Indemnification & Damages
On his last day as Chief, and acting on behalf of the band, Don Moses agreed to settle a wrongful dismissal and defamation suit brought against the Lower Nicola Indian Band (LNIB) by Veronica Clayton, a former employee. However, the council was sharply divided and when Moses convened a meeting to pass a resolution to settle with Clayton, five (of seven) councillors did not attend. Moses then unilaterally reduced the required quorum from five to three. The case is here.
Fort Erie (Ontario) Qualifiedly Approves Subdivision Expansion Into 5 Pre-Contact Aboriginal Archaelogical Sites
Fort Erie, Ontario, has recently approved a subdivision expansion into land that contains 5 recognized pre-contact archaeological sites. However, that approval is contingent upon 47 requirements, of which #36 is…
Cameron v. Albrich: Inherent Aboriginal Sovereignty Or In[co]herent Aboriginal Sovereignty?
In Cameron v. Albrich, Ray Cameron, of the Ashcroft Indian Band, contested in the British Columbia Supreme Court, the band membership of 74 individuals (of a 250 member band). He claimed that they had not been properly added to the band list. The Chief, Greg Blain, was one of those 74 defendants. Ultimately the judge dismissed the action, with costs, holding that Cameron did not have standing.
Apart from one plaintiff contesting the membership of nearly a third of his band, this case is also interesting because it serves as an illuminating contrast to Indian law in the United States.
Record Set For Number of Aboriginal Members of Canadian Parliament In Recent Election
The 7 aboriginal MPs (out of a total of 308 MPs in Parliament) include 3 newly elected and 4 re-elects. Party wise, there are 5 Conservatives (huh?) and 2 NDPs.
Wikileaks: U.S. Considers “Native Canadian Groups” As Possible Terror Threats
Here’s the story, as reported by APTN.
A few years ago, so did Canada.
Bordeau Santore (Estate) v. Bordeau: This Land Is Your Land, This Land Is My Land. From Kahnawake Reserve, To The New York Island
For an interesting look at the effects that s. 12(1)(b) of the Indian Act (women lost Indian status after marrying non-Indian) is still having on aboriginals in Canada, even after being repealed in 1985, here’s Bordeau Santore (Estate) v. Bordeau.
Supreme Court of Canada Grants Leave To Appeal To Manitoba Métis Federation
This should be interesting (at least for those so inclined Canadians) to watch down the road. The Manitoba Métis Federation is appealing a Manitoba Court of Appeal decision handed down on July 7, 2010. Below is an excerpt from that decision. And here is the leave to appeal. (note: this leave to appeal is dated February 10, 2011 and unfortunately slipped through, unnoticed, until now).
Updated Supreme Court Justice Report Card
Here’s an updated report card on the Supreme Court Justices’ holdings in Indian Law after yesterday’s United States v. Tohono O’odham Nation decision.
Tax Court of Canada Denies Motion For Advanced Costs For Aboriginals’ Tax Appeals
Here’s the decision – Roberts v. R.
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