Turtle Talk

The applicant filed an Application alleging that the respondents discriminated against him because of ancestry, colour, and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, in his Application, the applicant sought an order enjoining Rogers Communications Inc. (“Rogers”); Major League Baseball (“MLB”), and the Cleveland Indians Baseball Company Limited Partnership (“Cleveland Team”) (collectively “the respondents”) from displaying, broadcasting, communicating or otherwise disseminating within Ontario images, representations, depictions or descriptions using the word “Indian” (the “Team Name”) or any form of that name in relation to the Cleveland Team and the “Chief Wahoo” logo (the “Logo”). In addition to filing this Application, the applicant filed a complaint with the Canadian Human Rights Commission (“CHRC”).

Federal Circuit Rejects Wyandot Nation of Kansas Trust Claims

June 8, 2017Matthew L.M. Fletcher

Here is the opinion in Wyandot Nation of Kansas v. United States.

An excerpt:

The Wyandot Nation of Kansas (“Wyandot Nation”) is a Native American tribe allegedly tracing its ancestry to the Historic Wyandot Nation. It claims to be a federally recognized Indian tribe and a successor-in-interest to all of the treaties between the Historic Wyandot Nation and the United States. On June 1, 2015, Wyandot Nation filed a complaint in the United States Court of Federal Claims alleging that the United States had breached its trust and fiduciary obligations with respect to two trusts that resulted from prior treaties, including one related to amounts payable under a treaty signed in 1867 and one related to the Huron Cemetery. The Court of Federal Claims dismissed without prejudice for lack of jurisdiction and standing. Wyandot Nation appeals. We affirm.

Briefs here.

“Judith K. Wellington: Our battle to protect sacred spaces from Trump”

June 8, 2017Matthew L.M. Fletcher1 Comment

Here.

National Indian Law Library Bulletin (6/7/2017)

June 8, 2017Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/9/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Read the latest Tribal Supreme Court Project update published on 6/6/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Public Service Company of New Mexico v. Barboan (Utilities; Lands – Right of Way; Condemnation)
Dillon v. BMO Harris Bank, N.A. (Pay Day Loans; Choice of Law – Arbitration Agreements)
Cherokee Nation v. S.M.R. Jewell (Land into Trust)
Ho-Chunk, INC., v. Sessions (Contraband Cigarettes Trafficking Act – Record Keeping Requirements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Desautel v. Colville Confederated Tribes (Testimony – Competency of Minors; Minors-in-need-of Care)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of the Interior, Office of Hearings and Appeals, is holding a tribal listening session on Indian probate issues.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some articles about tribal reaction and support for the international Paris climate agreement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
The waning of the Indian Child Welfare Act: How mediation may help save the act and preserve its original intent.
Tribal Jurisdiction – A historical bargain.
Untangling the court’s sovereignty doctrine to allow for greater respect of tribal authority in addressing domestic violence.
All peoples have a right to self-determination: Henry J. Richardson III’s liberatory perspective on racial justice.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
One bill was added:
S.1294: A bill to expand opportunity for Native American children through additional options in education, and for other purposes.

New York Appellate Division Vacates Money Judgment against Unkechaug Indian Nation

June 8, 2017Matthew L.M. Fletcher

Here is the opinion in Aron Security Inc. v. Unkechaug Indian Nation (N.Y.A.D.):

Aron Security v. Unkechauge

An excerpt:

The plaintiff security company entered into a services contract with the defendant, the Unkechaug Indian Nation. Upon the defendant’s alleged failure to pay sums due under the contract, the plaintiff commenced this action, inter alia, to recover damages for breach of contract. After obtaining a judgment in its favor and against the defendant, entered May 22, 2014, the plaintiff served an information subpoena on nonparty Michelle Jackson, a signatory to the contract on the defendant’s behalf, in an effort to collect on the judgment. Jackson did not respond and the plaintiff moved, inter alia, to hold Jackson in contempt. The defendant then moved to dismiss the action for lack of subject matter jurisdiction, asserting that as an Indian tribe, it possessed sovereign immunity from suit. The Supreme Court denied the defendant’s motion and denied the plaintiff’s motion with leave to renew.

Federal Court Orders Agua Caliente Indian Reserved Water Rights Case to Phase II

June 8, 2017Matthew L.M. Fletcher

Here is the order in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

Doc 180 Order. Granting Plaintiff’s Motion to Lift Stay and Proceed with Phase (IN CHAMBERS)