Aboriginal rights: modern collectives can establish aboriginal rights to traditional areas, even if they no longer live there (May 15, 2019)

On May 2, 2019, the BC Court of Appeal confirmed that aboriginal rights protected by section 35 of the Constitution Act, 1982 may be exercised by modern indigenous collectives who descend from historic collectives that exercised the practice, custom, or tradition in that territory, if there is continuity between the practices of the modern and historic collectives. Reconciliation of pre-existing Indigenous societies with the assertion of Crown sovereignty requires the protection of those rights – even where the modern members no longer reside in the traditional area in question.

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Cowichan Nation Seeks Land & Fishery Recovery on Fraser River in British Columbia (May 1, 2019)

The Cowichan Nation is taking legal action in the Supreme Court of British Columbia to recover its government-owned lands near the mouth of the Fraser River in British Columbia. The case is based on Cowichan Nation Aboriginal title to approximately 1900 acres of traditional village and surrounding lands on the south shore of Lulu Island now in the city of Richmond, as well as a Cowichan Nation Aboriginal right to fish the south arm of the Fraser River for food.

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U.S. Travel Bans for Connection to Cannabis Industry (July 30, 2018)

First Nations should be aware of recent incidents of travel bans imposed by United States border agents on individuals involved in the legal cannabis industry in the U.S. and Canada. These incidents have serious implications for any First Nation group or individual participating in the legal cannabis industry, and particularly for those who maintain cross-border cultural and family connections.

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Bill C-68, An Act to amend the Fisheries Act

On February 6, 2018, the government of Canada introduced Bill C-68 to the House of Commons. The Bill proposes An Act to amend the Fisheries Act and other Acts in consequence and was announced by Fisheries Minister Dominic LeBlanc as part of a promised overhaul of the Fisheries Act by the Liberal government.

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