First Nations Voice

NOVEMBER 2016 • PAGE 9 From Bill Gallagher, Lawyer Author Strategist From Bill Gallagher, Lawyer Author Strategist First Nation's Voice had a 'call-out' in the New York Times last month and the paper's front section refer- ence was all about the impact of the rise of native empowerment in Canada and their unprecedented First Nation legal winning streak. My numerical legal research was also part of the story. Imagine our surprise that my ref- erenced article, that had been turned down by Canada's mainstream media, actually got referenced in the New York Times. Here's the paper's excerpt that gives us (the First Nation's Voice edi- tor and myself) journalistic bragging rights: "Indigenous people make up more than 4 percent of Canada's popula- tion, but a series of legal battles has the potential to shift the national and political landscape in their favor. In recent years, indigenous people in Canada have won more than 230 legal cases against the government relating to natural resource develop- ment, while the Supreme Court and the Canadian Human Rights Tribunal have issued landmark rulings grant- ing many groups greater authority and rights to territory, funding and services." (Dan Levin pg A4 New York Times Oct 06/16) I would have loved mainstream media in Canada to run the follow- ing headline: "Redrawing the map of Canada - One Legal Win at a Time". But there's little chance of that given that it's a full time job just to stay on top of who's-doing-what-to-who north of the TransCanada Highway. Anyway First Nations are now up to 235 legal wins; of which two are legal showstoppers. Pipelines anyone? Native legal win # 231 took out Northern Gateway Pipeline by legally shredding the project's permits: "[333] For the foregoing rea- sons, the Order in Council must be quashed. The Order in Council directed that the National Energy Board issue the Certificates. Now that the basis for the Certificates is a nullity, the Certificates are also a nullity and must be quashed. The matter is remitted to the Governor in Council for redetermination." It's not every day that a multi-bil- lion dollar project gets the: 'quashed - nullity - nullity - quashed' treatment (reading like a rapper) in a brief judicial paragraph. This is the unher- alded end of a mega-project that was fronted by the former prime minister and his front bench; now in tatters at the hands of First Nations. Crown Corporations anyone? Native legal win #234 has just ruled that crown corporations can't duck their obligations towards fair dealings with First Nations: "[61] At the outset I will address the statement of the Chambers judge that SaskPower, as a third party, cannot owe a duty to consult to the Cree Nation. I agree with the Cree Nation that this is simply incorrect. SaskPower is not a third party like Weyerhaeuser (see Haida Nation at para 53), rather, it is an agent of the Crown in right of Saskatchewan: see The Power Corporation Act, RSS 1978, c P-19, s. 3(3). As a Crown agent, it "acts in place of the Crown" (Rio Tinto at para 81). It is indistin- guishable from Saskatchewan, and as such, can owe a duty to consult." So there it is: the crown utility is 'indistinguishable' from its provin- cial government owner. Who new? It's safe to say, there must be a lot of legal scurrying going on in all such crown corporations, as a result of this new Duty to Consult legal roadmap. That's just two recent examples of native rulings redrawing the map of Canada. And this is why First Nations Voice, as alternative media, fulfills such an important role. With the prairies struggling with getting any and all resource projects up and running, readers need to know and understand what the real legal impediments are. The losing side (corporate Canada) never ex- plains its legal losses suffered at the hands of natives - ditto it's lawyers - because doing so is obviously bad for business. Likewise, the big guns in mainstream media well know which side of the bread its butter is on. I re- peat my refrain that the rise of native empowerment remains the biggest under-reported business story of the last decade. In fact, I'm now at the point where almost all my research and report- ing talks place on the internet and in alternative media. So I'm sticking with First Nations Voice and its edi- tor Trevor Greyeyes. At least we were referenced in the New York Times, not that anyone was watching. Over to you mainstream media. Redrawing Canada - One Legal win at a Time Resource Rulers: Fortune and Folly on Canada's Road to Resources NY Times Article.

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