Unpacking pipeline challenges: Fundamentals of Canadian Law Episode 11

Oil Pipeline

The Kinder Morgan / Government of Canada pipeline is being challenged by both provinces and Indigenous groups. What laws pertain to these challenges?

There’s a lot to unpack when it comes to the Kinder Morgan — soon, Government of Canada — pipeline.British Columbia has challenged it, as have several Indigenous groups. But what laws govern their ability to challenge this national project? We explore first the distinction between federal and provincial powers with Associate Dean Cherie Metcalf, teacher of the Constitutional Law module in our Introduction to Canadian Law course… and then dive into Indigenous and Aboriginal law, chiefly the “duty to consult,” with the creator and instructor of our Aboriginal Law course, Hugo Choquette.

Curious about the cases Hugo cites in his portion? Here are the links:

Haida Nation: http://canlii.ca/t/1j4tq

Chippewas of the Thames v Enbridge: http://canlii.ca/t/h51gx

Tsilhqot’in: http://canlii.ca/t/g7mt9

Tsleil-Waututh Nation Assessment of the Trans-Mountain Pipeline: https://cdn2.hubspot.net/hubfs/2551008/TWN%20Assessment%20Report%2011×17.pdf

The difference between “Aboriginal” and “Indigenous” Law with Hugo Choquette: Fundamentals of Canadian Law Podcast 003

Totem Pole in Vancouver BCAboriginal Law? Indigenous Law? What’s the difference? There is one — and it’s huge! We unpack what the terminology means (and how we arrived at “Indigenous” as the preferred* term for pre-colonial North American peoples) in an in-depth discussion with Hugo Choquette, Queen’s Law professor and the developer of Law 202/702, Aboriginal Law, in the Certificate in Law program.

*kind of. It’s complicated! Listen to the episode.