cultural resources

News Profile on Judge Abby Abinanti

November 30, 2017Matthew L.M. Fletcher

From Rebecca Clarren of InvestigateWest, here is “NATIVE AMERICAN JUDGE SHOWS PEACEMAKING COURTS OFFER A MODEL FOR REFORM.”

Missouri COA Rejects NARF Effort to Survey Donated Parcel for Sacred Sites

November 21, 2017November 21, 2017Matthew L.M. Fletcher

Here is the opinion in Wilkinson v. Native American Rights Fund:

Wilkinson v. Native American Rights Fund

Supreme Court of Canada Rejects First Nation’s Religious Exercise Claims

November 3, 2017November 3, 2017Matthew L.M. Fletcher

Here is the 7-2 opinion in Ktunaxa Nation Council v. Minister of Forests:

Ktunaxa_en

An excerpt:

The Ktunaxa are a First Nation whose traditional territories include an area in British Columbia that they call Qat’muk. Qat’muk is a place of spiritual significance for them because it is home to Grizzly Bear Spirit, a principal spirit within Ktunaxa religious beliefs and cosmology. Glacier Resorts sought government approval to build a year-round ski resort in Qat’muk. The Ktunaxa were consulted and raised concerns about the impact of the project, and as a result, the resort plan was changed to add new protections for Ktunaxa interests. The Ktunaxa remained unsatisfied, but committed themselves to further consultation. Late in the process, the Ktunaxa adopted the position that accommodation was impossible because the project would drive Grizzly Bear Spirit from Qat’muk and therefore irrevocably impair their religious beliefs and practices. After efforts to continue consultation failed, the respondent Minister declared that reasonable consultation had occurred and approved the project. The Ktunaxa brought a petition for judicial review of the approval decision on the grounds that the project would violate their constitutional right to freedom of religion, and that the Minister’s decision breached the Crown’s duty of consultation and accommodation. The chambers judge dismissed the petition, and the Court of Appeal affirmed that decision.

Thunderbird Strike!

October 27, 2017Matthew L.M. Fletcher

Here.

In the 2D sidescroller Thunderbird Strike, fly from the Tar Sands to the Great Lakes as a thunderbird protecting Turtle Island with searing lightning against the snake that threatens to swallow the lands and waters whole.

Congrats to Elizabeth LaPensé!!!

“Trump tells Sen. Orrin Hatch that he’ll shrink Utah’s Bears Ears National Monument”

October 27, 2017Matthew L.M. Fletcher

Here from the Salt Lake Tribune.

Slate: “The Fight for the Right to Eat Seal Blubber”

October 9, 2017Matthew L.M. Fletcher

Here: “In Alaskan nursing homes and hospitals, tight federal regulations have meant that the most comforting foods for natives have been labeled illegal. That’s slowly changing.”

Ninth Circuit Decides Sturgeon Hovercraft Matter on Remand from SCOTUS

October 3, 2017Matthew L.M. Fletcher

Here is the opinion in Sturgeon v. Masica. An excerpt:

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that; the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on the rivers within conservation system units in Alaska.

Briefs:

Alaska Brief

Enviro Groups Brief

Federal Brief

Mentasta Traditional Village et al Brief

Sturgeon Brief