Category Archives: Aboriginal

The Territorial Basis of Métis Hunting Rights

PDF version: The Territorial Basis of Métis Hunting Rights

Case commented on: R v Hirsekorn, 2013 ABCA 242.

There is something special about the Cypress Hills area of southeast Alberta and southwest Saskatchewan. I remember my first visit to this beautiful area some twenty years ago and although I have not been back more than a handful of times since, the region still resonates vividly in my memory of landscapes and seascapes. The special nature of this region was also recognized by the aboriginal peoples of the plains long before colonial settlement although it was clearly contested territory as between Blackfeet peoples to the west and Cree peoples to the east. Indeed, as the record in this case amply demonstrates, the Cypress Hills was a place for visits and for forays but not a place to stay for a long time. And if this was true for the Blackfeet and Cree it was even more so for the Métis who could not safely stay in the area before the North West Mounted Police established a presence there in 1874.

Continue reading

The Indian Residential School Settlement: Is Reconciliation Possible?

PDF Version: The Indian Residential School Settlement: Is Reconciliation Possible?

Matter considered: The Indian Residential School Settlement

Being the Chief Negotiator for the Assembly of First Nations instigating and completing the Indian Residential School Settlement Agreement, cannot be described in words. The round- the- clock sessions with upwards of 80 lawyers, the meetings from coast to coast to coast with survivors, the conferences with experts from around the world, negotiations with the Vatican and the Prime Minister’s office – it doesn’t get much better than that for a human rights lawyer and law professor. Out of this amazing odyssey came the largest, most comprehensive and unique class action judgment in Canadian legal history. The question now is, to what effect? Can we expect reconciliation with the First Nations of Canada? Will the wounds finally heal? These are the questions up for discussion in this blog.  Continue reading

Alberta Energy Regulator: Split Jurisdiction Implications for Crown Consultation?

PDF version: Alberta Energy Regulator: Split Jurisdiction Implications for Crown Consultation?

Legislation considered: Responsible Energy Development Act, SA 2012, c 17; Designation of Constitutional Decision Makers Regulation, AR 69/2006

The new single Alberta Energy Regulator under the Responsible Energy Development Act, has been proclaimed in force in part (OC 163/2013) on June 4, 2013 to be effective June 17, 2013. Section 21 of that Act, in force on June 17, 2013, states that the Alberta Energy Regulator has no jurisdiction to assess the adequacy of Crown consultation:

Crown consultation with aboriginal peoples

21. The Regulator has no jurisdiction with respect to assessing the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under Part II of the Constitution Act, 1982.

Continue reading

The Role of the “Noble Savage” in Environmental Social Activism

PDF version: The Role of the “Noble Savage” in Environmental Social Activism

Context of discussion: Enbridge Northern Gateway Pipelines Project

This blog is to discuss what I call the “The Role of the Noble Savage” in the pursuit of environmental justice through social activism. I will use the Enbridge Northern Gateway Pipelines Project to provide context.

Continue reading

Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

PDF version: Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

Cases considered: R v Mack, 2012 ABCA 42, leave to appeal granted, April 11, 2013 (SCC); Métis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352, leave to appeal dismissed April 11, 2013 (SCC); Fitzpatrick v Alberta College of Physical Therapists, 2012 ABCA 207, leave to appeal dismissed April 11, 2013 (SCC)

On April 11, 2013 the Supreme Court of Canada handed down leave to appeal decisions in three cases from Alberta.

Continue reading