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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Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (November 30, 2017)

On November 2, 2017 the Supreme Court of Canada (“Court”) released its decision in Ktunaxa Nation v British Columbia. The case focused on whether the British Columbia Minister of Forests, Lands and Natural Resource Operations ( “Minister”) erred in approving a ski resort development, despite claims by the Ktunaxa Nation that the Jumbo Glacier ski resort would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under s. 35 of the Constitution Act, 1982.

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R. v. Fred Elliott – 74 Year-Old Stz’uminus Elder’s Sentence in Unlawful Fish Sale Case Substantially Reduced on Appeal (July 7, 2016)

On February 25, 2014, Fred Reid Elliott, a 74-year-old elder of the Stz’uminus First Nation, was arrested and placed in handcuffs, and his boat and truck were seized, for selling prawns to an undercover Department of Fisheries (DFO) officer without a commercial licence. The arrest was the culmination of a nearly 7-month investigation that DFO insultingly referred to as “Operation Guppy”.

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Federal Jurisdiction Over Métis and Non-Status Aboriginal People Confirmed (May 12, 2016)

On April 14, 2016, the Supreme Court of Canada declared that the federal government has jurisdiction over Métis and non-status Aboriginal people. The Court’s landmark decision, Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12, ends a long-standing “jurisdictional tug-of-war” over which level of government has constitutional authority over these Aboriginal people. Prior to this case…

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