Artilcles and information of interest posted 3 Sept

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Reconciliation has still a journey to travel given the cowardly racist incident in Kamloops BC involving white nationalist group wearing masks. On the positive side it was gratifying to see so many activities associated with Red Shirt Day – The National Day of Truth and Reconciliation with participation by millions of Canadians. That is great but sustained action is required on the journey of reconciliation. Read the articles and information for this week below

ISC minister ‘disgusted’ with march in Kamloops

Treaty 6 Confederacy Stands With Tk’emlúps te Secwépemc Against Hate – Alberta Native News

Senator Brian Francis

“Reconciliation requires more than words from those in power. It requires confronting the laws and policies that continue to harm First Nations people today and having the courage to change them.”

We owe them action, Carney says on Truth and Reconciliation Day

Carney designates Pacific Link pipeline in the ‘national interest’

Chief Hare once again providing leadership for M’Chigeeng First Nation – Anishinabek News

First Nations along Pacific Link route denounce lack of consultation

Edmonton’s reconciliation with Indigenous people includes tangible, symbolic steps

Walmart arrival marks new chapter in Tsuut’ina Nation’s economic vision – Alberta Native News

Mattagami First Nation chief receives leadership award – TimminsToday.com

Former Willow Lake Métis CEO’s consultancy firm wins Alberta Indigenous Business Award of Distinction – Alberta Native News

PQ’s history of Quebec is misleading: Indigenous historians

A record number of Native Americans are running in the 2026 midterms

Indigenous-led project tackles misinformation

Pictou Landing members reach tentative settlement in class action

Annual 350-km canoe trek reconciles First Nations generations a stroke at a time | CBC News

How will Indigenous nations respond to Canada’s economic rupture? – The Hill Times – The Hill Times

Azhemiinigoziwin program empowers Anishinaabekwe through culture, education, and land-based learning – Anishinabek News

U of T to demolish former frat house for Indigenous Hub | NOW Toronto

N.B. judge recognizes Mi’kmaw right to representation by elder in court | CBC News A recognition of oral history

B.C. chief explains First Nation’s bid for large swath of Vancouver Island | Vancouver Sun

Ottawa stalling on fixing second-generation cutoff: Mi’kmaw lawyer

Kebaowek pauses engagement in new UNDRIP consultations over nuclear dump | CBC News

Permanent Peoples’ Tribunal rules Canada failing to prosecute genocide of Indigenous people, uphold international law

Indigenous groups given just two months to consult on pipeline project designation

https://www.wayfinderscircle.org A global perspective

https://www.theguardian.com/environment/2026/sep/29/cambodia-chorng-indigenous-communities-siamese-crocodile-endangered-conservation-aoe

Canada’s economic reconciliation plan is not working say critics

Proposed federal law attacks environment, rights, says youth

Wabanaki reclaim land from United Church | CBC.ca

Long Lake #58 First Nation seeks greater role in Northern Ontario development – Anishinabek News

More Time Needed to Get Gas Royalties Right, Nation Says | The Tyee

Federal Indigenous spending quadrupled to $40.8B under Trudeau, with negligible improvement to communities: report

Kátł’odeeche Elder says dene culture helps with healing

Canada plans to destroy thousands of residential school testimonies

Kebaowek Nation suspends consultations, saying other parties failed

Innu surgeon completes 350 km paddle with youth, Elders

Aboriginal Law

The Federal Court’s recent decision in Opaskwayak Cree Nation v. Canada, 2026 FC 1110 is an important victory for Indigenous peoples seeking justice for the impacts of hydroelectric (or other industrial) development within their off-reserve traditional territory.

In a model of civil trial efficiency that I always believe is possible (but don’t necessarily achieve myself), in a 14-day trial involving multiple experts, the First Nation proved that Canada failed to comply with its fiduciary duty concerning “the impacts of the dam on OCN’s way of life throughout its traditional territory, not only on the reserve. It required Canada to ensure that those impacts were mitigated or compensated. Canada breached its fiduciary duty by approving an agreement between OCN and Manitoba that made no provision for the mitigation or compensation of those impacts. The agreement was, therefore, an improvident bargain….”

This case is strong support for the principle that one must remain flexible in the litigate-negotiate decision-making matrix, where when negotiations fail, litigation can be a worthwhile alternative, and doesn’t have to lead to hundreds of days in court.

However, the case is also an example of litigation potentially leading to much lower compensation numbers than are produced in the negotiation world, as plaintiffs are put to the strict proof of their losses. In Southwind, where the SCC didn’t name a number for reserve flooding damages, the First Nation ultimately received $210 million through a negotiated settlement (but needed litigation to get there).

Here the Court found:

“OCN is entitled to receive equitable compensation for Canada’s breach. That compensation is based on the realistic lost opportunity caused by the breach that arose in 1962. What would have realistically taken place at that time is the negotiation of an agreement to mitigate or compensate the impacts of the dam for a limited time period following the construction of the dam. The Court assesses the present value of such an agreement at approximately $27 million.

The Court rejects OCN’s claim for a significantly larger amount based on a retrospective assessment of damages. Such a broad claim would have been unrealistic and anachronistic in 1962. Moreover, the evidence provided by OCN is insufficient to prove the damages it is seeking, it is based on an unreliable methodology and fails to account for the fact that many factors other than the Grand Rapids dam may have contributed to cause the alleged impacts.”

The Court had important words to say about Indigenous Treaty rights: “The setting aside of reserves was but one component of Treaty 5. This treaty also included a promise that the traditional way of life would be preserved and a guarantee of the right to hunt and fish on land not required for settlement … to isolate the real estate transaction from the consequences of the project on the traditional way of life. This would make a mockery of the treaty promise.”

About the author

Jim Richardson

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