Current Problems: Treaties and Land Claims

Exploring Theme: "Court Cases"

Updates on this page: 24 (Filtered by Stakeholder "Canada")
 

November 5, 2024


Sentencing of Tiny House Warriors involved in TMX confrontation adjourned to 2025

Members of the Tiny House Warriors display red dresses and cloth to honour missing and murdered Indigenous women and girls along the perimeter of a camp that once housed 550 Trans Mountain pipeline workers in Secwepemcúl’ecw in Blue River, B.C., in April 2022. Photo: Aaron Hemens, Local Journalism Initiative.  APTN News: The sentencing for four...

October 11, 2024


Missanabie Cree First Nation suing for increase in annuities payments for Treaty 9 members

Chief Jason Gauthier and his community are taking the lead on the lawsuit against the federal government, launched on behalf of all 37 First Nations within Treaty 9 territory NationTalk: Village Report – SAULT STE. MARIE – A lawsuit filed on behalf of all Treaty 9 First Nations is seeking $10 billion from the Canadian...

September 9, 2024


Canada tried to quash First Nation land claim with this handwritten 1889 ruling. It failed

A lot is at stake, literally thousands of square kilometres of land in Ontario which was arguably never ceded by the First Nation band that previously occupied it NationTalk: Earlier this summer, an Ontario Superior Court judge inspected a historical document, and he was pleased, impressed even. It was a handwritten stack of papers, cursive...

September 6, 2024


Indigenous Bar Association Applauds Court’s Decision to Grant Advance Costs in Beaver Lake Cree Nation Treaty Rights Case, Anderson V Alberta, 2024 ABKB 524

NationTalk: The Indigenous Bar Association in Canada (IBA) applauds the Court of King’s Bench of Alberta’s recent decision in Anderson v. Alberta, 2024 ABKB 524, granting the Beaver Lake Cree Nation advance costs to support its Treaty infringement litigation against Canada. This decision affirms that First Nations must have access to the resources necessary to...

September 3, 2024


Disturbing audio played during Wet’suwet’en’ hearing

Creepy radio transmission of children singing played in court  The Tyee: The abuse of process application brought by a Wet’suwet’en leader and members of a blockade who were found guilty of criminal contempt of court for stopping work on the Coastal GasLink (CGL) pipeline was back in court on Tuesday.  The application began in January for Sleydo’,...

August 23, 2024


Nova Scotia group wants a court to declare a First Nation’s lobster fishery illegal

APTN News: The Canadian Press – A commercial lobster fishing group in southwestern Nova Scotia is seeking a court to have a lobster fishery run by a First Nations community declared illegal. The United Fisheries Conservation Alliance says it also wants the court to define the scope and limits that should apply to a fishery operated by...

July 30, 2024


B.C. First Nations claim fish farm licences infringe upon Aboriginal fishing rights

NationTalk: NanaimoNews NOW: The Canadian Press – VANCOUVER — Two B.C. First Nations are taking the federal government and fish farm companies to court trying to overturn a decision that allows the farms to continue to operate off B.C.’s coast for another five years.  The ‘Namgis and the Kwikwasut’inuxw Haxwa’mis First Nations say in separate...

July 12, 2024


Legal Notice to Beneficiaries of the Robinson Huron Treaty

NationTalk: Atikameksheng Anishnawbek and Garden River First Nation have commenced a court application against the lawyers for the Robinson Huron Treaty Litigation Fund. The application says that the lawyer’s fees were too high and it asks the court to reduce them (the “Assessment Application”). The Litigation Management Committee of the Robinson Huron Treaty Litigation Fund...

June 24, 2024


Sipekne’katik First Nation granted a temporary adjournment to allow for mediation with the Crown

NationTalk: HALIFAX, NS – A Nova Scotia Supreme Court judge has granted a joint request from the Sipekne’katik First Nation and the Attorney General of Canada to adjourn trial dates that would have aimed to settle treaty fishing rights disputes. The court has decided to give the involved parties until December 12, 2024, to have a...

June 10, 2024


First Nations challenge lawyers over their $510M legal bill for the Robinson treaties annuities case

Legal team successfully argued the past annuities case that was settled for $10B in 2023 APTN News: Discontent and criticism over the $510 million being paid to the lawyers who argued the Robinson Huron treaty annuities case is spilling into an Ontario court room.  Atikameksheng Anishnawbek and Garden River First Nation filed an application asking...

February 9, 2024


Algonquin Nation nuclear waste site court challenge a ‘litmus test’ for federal United Nations Declaration Act

By Matteo Cimellaro & Natasha Bulowski | News, Urban Indigenous Communities in Ottawa  Lance Haymond, chief of Kebaowek First Nation, at the final licensing hearing for the near-surface disposal facility on Aug. 10, 2023. Photo by Natasha Bulowski / Canada’s National Observer Listen to article Canada’s National Observer: An Algonquin Nation is taking Ottawa to court over the approval of a nuclear...

February 7, 2024


Manitoba chief proposes class action against feds over ‘effectively worthless’ $5 treaty payments

Treaty 4 signatories ‘never intended for the annuities to be frozen in time,’ Waywayseecappo chief’s suit says CBC Indigenous: A Manitoba First Nation chief is joining a growing list of Indigenous communities that allege the federal government has violated treaty agreements by not increasing $5 annuity payments to keep up with inflation over the past 150 years. Waywayseecappo First...

February 7, 2024


Kebaowek First Nation launches judicial review of Chalk River waste disposal project

APTN News: An Algonquin community in Quebec is launching a judicial review of a decision by the Canadian Nuclear Safety Commission to allow the disposal of limited kinds of nuclear waste at the Chalk River Nuclear Laboratories campus in Deep River, Ont., located about 180 km west of Ottawa in Quebec. In its application to...

December 16, 2023


Manitoba First Nation sues feds, alleges unchanged $5 annuity payments violate treaty

Class-action status sought in suit against Ottawa by 36 First Nations in Treaty 5  CBC Indigenous: Fisher River Cree Nation wants class-action status for its lawsuit against the federal government, which alleges the $5 annuities paid to Treaty 5 First Nations over the last 148 years violate the agreement because they don’t keep up with inflation....

September 22, 2023


First Nations in northern Ontario seek over $100B to honour treaty promise

APTN News: The Canadian Press -A legal battle playing out in a northern Ontario courtroom this month has seen an alliance of First Nations argue they are owed upwards of $100 billion for the Crown’s failure to honour a 173-year-old treaty promise, while the federal and provincial governments claim they are either owed far less,...

September 12, 2023


Final arguments begin in a lawsuit that could award Ontario Indigenous groups billions

The Globe and Mail: First published September 11 – It has the potential to be the biggest litigation award in Canadian history and it all hinges on a clause scrawled 173 years ago. First Nations located around the resource-rich northern shore of Lake Superior are asking for $126-billion in compensation for the Crown’s failure to pay...

September 1, 2023


Federal Court rules 2022 elver quota transfer to First Nations fair and reasonable

HALIFAX — The Federal Court has affirmed Ottawa’s move in 2022 to transfer part of the lucrative elver fishery quota in the Maritimes to First Nations fishers. In a written decision dated Aug. NationTalk: Alaska Highway News: HALIFAX — The Federal Court has affirmed Ottawa’s move in 2022 to transfer part of the lucrative elver...

April 26, 2023


Can the Crown make land decisions without First Nations consent? Treaty 9 lawsuit argues no

Lawyer calls lawsuit ‘frontal attack’ on colonial idea governments have ‘supreme right to rule’ CBC News: Several First Nations have announced their intention to take the Ontario and Canadian governments to court, in a lawsuit their lead lawyer says could fundamentally change the way resource and land management decisions are made in the Treaty 9 area. Leaders...

April 26, 2023


10 First Nations sue Ontario and Canada over resource extraction and broken Treaty 9 promises

Arguing that resource extraction has violated Indigenous jurisdiction for over a century, the case could stall the Ontario government’s plans to mine the Ring of Fire The Narwhal: Ten northern First Nations launched a lawsuit against the Ontario and federal governments Wednesday, arguing that resource extraction on their territories has infringed upon their jurisdiction for...

February 8, 2023


Manitoba First Nations man sues federal government for $11B over ‘unfulfilled’ treaty annuity payments

Zongidaya Nelson argues Crown failed to meet treaty obligations with 7 Treaty 1 nations dating back to 1871 CBC News: A First Nations man is seeking $11 billion from the Canadian government on behalf of Treaty 1 status members he argues are owed “full and fair” annual payments promised by the Crown as part of...

February 7, 2023


First Nations owed over $100B under 1850 Ontario treaty: Nobel-winning economist – National Post

Joseph Stiglitz is testifying in a Sudbury, Ont., courtroom why First Nations may have been short-changed under a revenue-sharing treaty signed in 1850 NationTalk: National Post – He is a Nobel prize winner, former vice president of the World Bank and one of the globe’s most famous economists. And this week Joseph Stiglitz is testifying...

February 2, 2023


Ontario says it doesn’t owe First Nations seeking compensation for broken treaty

The Globe and Mail: Indigenous communities are in court seeking billions of dollars in compensation after almost 150 years of receiving small annual payments in return for ceding an area the size of France. But the Ontario government is arguing they are owed nothing, or at most $34-million. The wide divergence in claims was on...

January 26, 2023


Indigenous identity at core of Qalipu membership challenge trial in St. John’s

Final arguments are to be heard next week NationTalk: SaltWire – ST. JOHN’S, N.L. — Testimony has wrapped up, but observers across the country are interested to see what comes of a court case in St. John’s involving a group of Mi’kmaw residents whose memberships in the Qalipu First Nation were revoked when a new point system was brought...

January 16, 2023


Qalipu First Nation enrolment controversy reaches ‘pivotal point’ as court challenge begins

Group wants 2013 supplemental agreement abolished CBC News: The long-simmering fight over membership in Qalipu Mi’kmaq First Nation is entering a new chapter Monday, as a group of people rejected in a controversial enrolment process head to court. The Friends of Qalipu Advocacy Association is challenging a 2013 supplemental agreement between the federal government and...