Three more legal wins in July – Native winning-streak now at 185

July 02 – #183 – ‘modern right to fish and sell fish’ For the second time in two years, the BC Court of Appeal has ruled that the Nuu-chah-nulth (NCN) have “a modern right … to fish and sell fish”. Again this ruling is from the National Chief’s home town, making Shawn Atleo unique in being a two-time winner in the annals of the native legal winning streak. And in this...

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Beaver Lake Cree Nation’s Remarkable Legal Win #180

Analysis with Bill Gallagher, Lawyer / Strategist Author of Resource Rulers: Fortune and Folly on Canada’s Road to Resources After 5 years of legal sparring during which the oil patch used every option available to prevent this oil sands ‘cumulative impacts’ case from advancing to trial, that’s now going to happen, and it’s interesting to note the tone of the highest court in the...

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Rules for Downhillers

Rules for Downhillers

It’s not every legal decision that comes with its very own downhill ski diagram. You know, what they give you when you buy your lift ticket. But that’s what’s tacked on to the latest BC ruling (a native legal loss) and if ever there was a picture worth 1000 words – this is it. See that area highlighted as “Coming Soon” – that’s the basis for the latest Adams Lake First...

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Rules for Blockaders – in a nutshell

Having been blockaded (armed with a superior court order no less and accompanied by an archeologist – all in furtherance of the primary recommendation of the Ipperwash Inquiry) it was with great interest that I reviewed the Supreme Court of Canada’s recent directive to blockaders – start playing fair! This long overdue ruling involved a BC native family out to protect its traplines...

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Hot Time Summer in the City!

What with one faction of native activists proclaiming there’s no point in pursuing any more court actions; another faction saying there’s no point in meeting with the federal government, and yet another faction promising that it’s going to be one hot summer – I ask:  “What is one supposed to make out of this apparently confused and directionless situation”? One alternative that...

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Keewatin – Native legal win #179

Here’s a CBC interview regarding this important Ontario Court of Appeal ruling: A strategist and lawyer argues the recent court ruling against Grassy Narrows should actually be considered a victory for First Nations. On Monday, Ontario’s Court of Appeal said the provincial government has the authority to issue logging permits on Grassy Narrows traditional territory, overturning a previous...

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