The Harper Government is forcing a vote on Bill S-2, Family Homes on Reserves and Matrimonial Interests or Rights Act to ensure that families living on reserve have the same rights as people living off reserve, in regards to matrimonial property.
The Supreme Court of Canada has declined to hear an appeal by the Athabasca Chipewyan and the Mikisew Cree First Nations who say Shell Oil's proposed expansion of its Jackpine oilsands development is violating their treaty rights.
National Chief Shawn Atleo of the Assembly of First Nations (AFN) applauded the decision by the Canada Revenue Agency (CRA) to exempt tax on income earned from commercial communal fishers by member of the Eskasoni First Nation in Nova Scotia as a step towards greater mutual respect.
Recently the Federal Court issued a ruling to grant a judicial review in the case between Pictou Landing Council and Maurine Beadle vs. the Government of Canada. The case involves a 18 year old with complex disabilities who lives at the Pictou Landing First Nation. His mother, the primary 24 hour caregiver, suffered a double stroke and she could no longer look after him. Under Nova Scotia policy he would be eligible for extra funding due to the families finances but as First Nation people they were deemed ineligible.
The Assembly of First Nations (AFN) commented recently on the Federal Court of Appeal decision allowing the Canadian Human Rights Tribunal to continue hearings on First Nation child welfare. The Tribunal is hearing evidence for a human rights complaint alleging discrimination against First Nations children based on a longstanding pattern of inequity in government funding and child welfare services for First Nations children.
A report chaired by retired Supreme Court of Canada justice, Frank Lacobucci, said that a lack of jury representation by aboriginal people is only a symptom of bigger justice problems for aboriginal people in Ontario. Included in his 17 recommendations are cultural training for police, court workers and prison guards.
CBC News Posted: Feb 26, 2013
Romeo Saganash, New Democratic (NDP) Member of Parliament (MP) from the Nunavik region of Quebec recently introduced a private member's bill that would compel the Government of Canada to make all federal laws compatible with the 2007 United Nations Declaration on Indigenous Rights.
A court in Ontario ruled on January 31, 2013 that the Federal Government is obliged to turn over archival records in it's possession regarding Indian Residential Schools to the Truth and Reconciliation Commission (TRC). The government had argued that it had no obligation to do so and Aboriginal Affairs Minister John Duncan said it was reviewing the decision stating, "the decision is anything but clear-cut."
The Supreme Court of Canada has granted leave to the Tsilhqot'in Nation to allow them to appeal the British Columbia Court of Appeal ruling to the Supreme Court regarding Aboriginal title. The ruling confirmed hunting rights, but only allowed Aboriginal title on specific, intensively used sites.
A Federal Court of Canada ruling on January 8th, 2013 is being interpreted as a major victory for Métis and non-status Indians as the court declared that they qualify as being "Indians" under the 1867 Constitution Act. While the court did not order the federal government to begin negotiations regarding health, education and land, the judge did feel his judgement will pressure the government to do just that.
Globe and Mail, Tuesday, Jan. 08 2013
The Assembly of First Nations (AFN) appeared in front of an Ontario Superior Court of Justice last week as intervenor as requested by the Truth and Reconciliation Commission of Canada (TRC). The legal action is in regards to the Government of Canada's refusal to provide relevant documents to the TRC.
The Saskatchewan Federation of Indian Nations (FSIN) recently reiterated its commitment to the protection of Treaties. They feel the recently enacted federal omnibus legislation will have negative impacts on inherent First Nation treaty rights.
The Assembly of First Nations (AFN) recently make a submission to the Senate Standing Committee on Energy, the Environment and Natural Resources to express some concerns with Bill C-45, the Harper Government's most recent omnibus budget bill. Among the many changes are amendments to the Navigable Waters Protection Act which would remove federal oversight from most bodies of water in Canada.
Brian Pallister, recently acclaimed leader of the Manitoba Conservatives, visited Ottawa recently to lobby officials to pass Bill S-2, which would extend marital property rights to Aboriginal women living on reserves. Legislation has previously been introduced in the House of Commons, but died on the order paper three times, in 2008, 2009 and 2011.
Winnipeg FreePress : Mia Rabson 10/29/2012
The University of British Columbia (UBC) Law School will be the first Canadian university to require a course on aboriginal legal issues. This is in response to the National Federation of Law Societies statement which said that core competencies include aboriginal and treaty rights.
The Saskatchewan Federation of Indian Nations (FSIN) is asking for input into possible changes to the 100 year old Indian Act after a Saskatchewan Member of Parliament (MP), Rob Clarke launched a website last week containing a survey section regarding the proposed bill which has already passed the first reading in the House of Commons. Clarke recently spoke at an FSIN assembly, but did not allow questions or seek input from the leaders present.
In a ruling this week, the British Columbia Court of Appeal has upheld aboriginal land rights and title. The affirmation of the B.C. Supreme Court ruling did however tighten the criteria for proving land occupancy. Due to the significance of the findings the case is expected to go on to the Supreme Court of Canada.
Vancouver — The Globe and Mail
Published Wednesday, Jun. 27 2012
Since legislation was changed in 2008, Aboriginal people have filed over 300 complaints with the Canadian Human Rights Commission. When the Canadian Human Rights Act was amended in 2008 First Nations governments were given three years to prepare, while the legislation applied to the federal government immediately. Of the complaints filed, 162 were against First Nations governments and 150 against the federal government.
CBC News Posted: Jun 18, 2012
The Federation of Saskatchewan Indian Nations (FSIN) feels that the Harper Government is violating its constitutional and legal obligations to accommodate and consult with regards to First Nation Treaty rights. Bill C-38 will replace current regulations in the environmental review process that will alter the opportunity for First Nations to be a meaningful participant in the approval process for major resource projects.
From NationTalk May 23, 2012
The Assembly of First Nations (AFN) is continuing to advocate for the rights of former Indian Residential School (IRS) students. Recent developments surround a case currently being heard by the British Columbia Supreme Court regarding alleged wrong-doing by Calgary law firm Blott & Co. Kathleen Mahony, representing the AFN made arguments on behalf of some 1,400 claimants not yet registered by the law firm.
The diversity of the makeup of juries in Ontario is being decided in a trial taking place in Ontario. The Government of Ontario is fighting the case being heard by the Ontario Court of Appeal stating, an accused has no "absolute right" to a representative jury.
Canadian Press Posted: Apr 29, 2012 2:26 PM ET
In an eagerly awaited verdict, the Federal Court ruled last week that the Federal Government cannot attempt to prevent First Nations groups from arguing for better funding for child welfare on reserves. The ruling effectively means that both parties will have a complete hearing about whether Ottawa is treating native children unfairly.
Canadian Press Posted: Apr 18, 2012 11:36 AM ET
On February 29th, 2012, The Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development, announced the introduction of the Safe Drinking Water for First Nations Act aimed at helping to protect drinking water on First Nation lands. The Act will ensure that drinking water and wastewater standards on First Nations lands are comparable to the standards enjoyed by all Canadians.
Donald Worme had a connection with the legal system prior to becoming a lawyer. He was a witness to his mother and his sisters murders. Despite this horrific event, Worme is the eternal optimist , and uses his grandfathers teachings of Cree values to continue the fight for human rights.
Ned Powers, Saskatoon Express, December 12-19th, 2011.
Gabrielle Giroday reports in the Winnipeg Free Press on October 25th, 2011 how Winnipeg social service groups held a news conference last week to discuss the omnibus crime bill C-10 which they feel unfairly targets aboriginal people and women. Five speakers spoke at the event, all opposing the bill.
The Canadian Institute is offering the course, The Fundamentals of Aboriginal Law on Monday, October 24th and Tuesday, October 25th at the Hyatt Regency Hotel in Calgary, AB. The course is aimed at lawyers and non-lawyers in industry, government and aboriginal communities to minimize legal risks.
Mark Hume, of the Globe and Mail, reported October 2nd, 2011 that the Doig River Band, with a population of 249, has announced that they are creating a 90,000 hectare "tribal park" on both sides of the British Columbia-Alberta border in the northern areas of the provinces. Legally, a tribal park may not exist but there are precedents. In 1984, for example, the Tla-o-qui-aht established an area to protect Meares Island, B.C. from logging, which it has done, a move that has had benefits for local tourism.
The Ontario Ministry of the Attorney General made an announcement last Thursday, August 11th, appointing former Supreme Court Justice Frank Iacobucci to lead a review into why First Nations members are underrepresented on Ontario juries. Iacobucci is expected to produce a report within a year.
Ontario's top court decided on July 29, 2011 to hear arguments about whether the makeup of jury panels is unfair to accused Aboriginals. In an unusual decision, the Appeal Court took the step of putting an appeal ruling on hold despite having decided a jury was reasonable to have convicted a man of manslaughter in 2008.
The Supreme Court of Canada has ruled that First Nations are exempt from taxes on revenues earned on investments made outside native reserves. The Supreme Court of Canada has ruled that First Nations are exempt from taxes on revenues earned on investments made outside native reserves.
Lakehead University, located in Thunder Bay, Ontario has won provincial approval to launch the law school it has long coveted, promising to gear its newest faculty to attract aboriginal students and focus on aboriginal law. A first class of 55 law students will enroll in September, 2013, with priority going to Northern and aboriginal applicants. They will be able to take courses on aboriginal law, which can range from indigenous legal principles to treaty or land-claim law.
A class action was filed on May 30, 2011 by Sharon Russell against the Government of Canada on behalf of Aboriginal British Columbians who were apprehended as children by provincial welfare authorities. A member of the Gitksan First Nation, Ms. Russell was taken from her parents and kept away from her Gitksan community starting in 1964, at age seven.
The sale of oil and gas tenures in northeast British Columbia by the provincial government for $260-million is being challenged in court by a native band. The Dene Tha, a first nation that straddles the B.C.-Alberta-Northwest Territories boundaries, has filed a petition with the Supreme Court of B.C. The band alleges that the B.C. Ministry of Energy and Mines failed to adequately consult with the first nation, or to undertake studies on the environmental impact of gas drilling, before selling the leases in the Cordova Basin, near Fort Nelson.
A law which took effect on Saturday June 18, 2011 will allow people living on aboriginal reserves to seek protection under the Canadian Human Rights Act if they feel they have faced discrimination by their band council. The changes were passed into law in 2008 but only take effect now after a grace period. Assembly of First Nations National Chief Shawn Atleo called on the federal government Thursday to ensure enough funds are supplied to implement the shift.
Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo stated that he is pleased with a decision by the BC Court of Appeal that affirms the right of five Nuu-chah-nulth First Nations to harvest and sell fish in their traditional territories. The Court of Appeal also agreed that Canada’s management of the fisheries has not respected the Nuu-chah-nulth’s Aboriginal rights and has thus given the parties one year to design a fishery that is consistent with these rights.
A ruling by the Canadian Human Rights Tribunal, regarding the level of services provided to First Nations children in foster care, is being appealed to the Federal Court. The Assembly of First Nations (AFN) and the First Nations Caring for Children Society have jointly launched this challenge against Indian and Northern Affairs Canada's (INAC) inequitable funding policy.
The Canadian Human Rights Tribunal has dismissed the complaint filed by the Assembly of First Nations (AFN) and the First Nation Child and Family Caring Society of Canada (Caring Society). The complaint was based on the lower level of service being provided for First Nation children in foster care on-reserves, who fall under federal jurisdiction, than that provided to children in foster care off reserve.
Guy Lonechild's failure to make public charges of impaired driving and failing to stop for police, laid during the election campaign for chief of Saskatchewan Indian Nations has raised concerns about governance and the conduct of elections.
Alberta Métis have filed an appeal on December 20, 2011 in regards to a recent ruling by a Medicine Hat judge who ruled Métis have no right to hunt out of season. A hearing date for the appeal has been set for March 1, 2011.
Saskatchewan First Nations leaders gathered at the Muskoday Store and Gas Bar, south of Prince Albert on Thursday October 7th, 2010 to take action against the one-carton tax-exemption legislation passed by the provincial government in this year's budget. On July 1st, 2010 changes limited the amount of cigarettes purchases tax free by First Nations people to one carton from three. Chief Austin Bear of the Muskoday First Nation calls this a breach of treaty rights. "This is not only a Muskoday issue," Bear said. "This is an issue that affects all of our First Nations in Saskatchewan and beyond."
Tom Engel, an Edmonton Lawyer, is challenging the Alberta jury selection process. His contention is that exclusion of reserve residents from the pool of possible jurors violates the rights of Aboriginal People.
Legislation was introduced last week in the Manitoba Legislature by the Minister of Aboriginal and Northern Affairs that will recognize Cree, Dakota, Inuktitut, Michif Ojibway and Oji-Cree as the aboriginal languages of Manitoba.
The Conservatives introduced Bill C-3 on March 11 to apparently "fix" the sex discrimination in the status registration provisions of the Indian Act. The bill was introduced in response to a B.C. Court of Appeal decision, in November 2009, which held that the status provisions of the Indian Act violate the eqality guarantees of the Charter. The authors, one who is Chair of the Human Rights Committee, Canadian Feminist Alliance for International Action and the other, a polictical science professor at the University of Regina, state that, if Bill C-3 is passed Canada will still continue to discriminate against aboriginal women in the legislation.
The Government of Saskatchewan, in partnership with Public Safety Canada and the File Hills Tribal Council, today announced a pilot project that will introduce peacekeepers to the File Hills Tribal Council. File Hills First Nations Police Service is currently the only First Nations self administered police service in Saskatchewan.
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