Author Archives: Peter Scott Vicaire

Supreme Court of Canada Aboriginal Law Stats

Here are the updated stats for the Supreme Court of Canada’s rulings in Aboriginal law cases since the patriation of the Constitution in 1982.  There have been some big changes since the last update a few years ago – Justices … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, legal history, Métis, Research, Supreme Court of Canada

Shale Gas Company (SWN) Loses Bid for Injunction to Halt N.B. Protests

Just a few hours ago, “[a] request by SWN Resources Canada to extend a court injunction that prevents anyone from impeding its exploration activities in New Brunswick has been denied by a judge.  Justice George Rideout issued a ruling Monday … Continue reading

Posted in Author: Peter Vicaire, economic development, Environmental | Tagged , ,

New Brunswick Fracking Protests: Frontline of a Democratic Fight

Click here for a great article from Martin Lukacs.  “Images of burning cars and narratives about Canadian natives breaking the law obscure the real story about the Mi’kmaq people’s opposition to shale gas exploration.”

Posted in Author: Peter Vicaire, Criminal, economic development, Environmental, Supreme Court of Canada | 2 Comments

Improper State Taxation of Reservation-Domiciled Military Servicemembers

A week before the country celebrated Independence Day, the Iowa Tribe of Oklahoma became the first Native nation to adopt an official resolution in support of restoring improperly withheld pay to eligible Native American veterans and service members.

Posted in Author: Peter Vicaire, Congress, Legislation, taxation | Tagged | 1 Comment

Canadian Aboriginal Senator Bloodied and Beaten by Opposing Member of Parliament

The attack by the MP and son of a former Canadian Prime Minister was relentless.  Read the story here as well as watch actual video of the brutal attack here.

Posted in Author: Peter Vicaire, News

Updated Supreme Court of Canada Aboriginal Law Stats

Here’s the updated stats after the recent decision, R. v. Ipeelee, 2012 SCC 13, where the court revisited Gladue and found in favor of aboriginal interests 6-1.  Individual percentages in favor of aboriginal interests now range from 29.1% (LeBel – 7/24) … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Criminal, Supreme Court of Canada

Canada Spies On Eighteen First Nations With Wide-Ranging Surveillance Network

Just weeks after Aboriginal Affairs of Canada admitted to spying on First Nations child advocate Cindy Blackstock (here’s the Nov. 14 APTN story) another story was just released which shows that the RCMP was doing the same to eighteen First Nations throughout the … Continue reading

Posted in Author: Peter Vicaire, Uncategorized | Tagged | 6 Comments

Lax Kw’alaams Indian Band v. Canada – Something Smells Fishy About This Decision…

In Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, the Supreme Court of Canada recently (Nov. 10) dealt a serious blow to any tribes wanting to engage in commercial fisheries within their traditional territories.   The unanimous, 7 judge court … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, economic development, Supreme Court of Canada | Tagged | 2 Comments

Bellegarde v. Poitras – Peepeekisis Tribal Elections

The Federal Court of Appeal recently revisited a 2009 decision from the Federal Court involving the removal of and 10-year prohibition of  re-election for the former Chief of Peepeekisis First Nation.  The court affirmed the lower court’s decision that there was insufficient evidence to … Continue reading

Posted in Author: Peter Vicaire, Tribal Codes, tribal election

No Axes To the Taxes – Marcinyshyn v. R.

Marcinyshyn v. R was recently handed down by the Tax Court of Canada – and is really just more of the same.  The aboriginal appellants were denied tax relief because of the failed “connecting factors” test, notwithstanding their argument that the test has become … Continue reading

Posted in Aboriginal Rights, Author: Peter Vicaire, Indian Act, Supreme Court of Canada, taxation