Bruce McIvor interview
April 11th, 2025
Intro: Aboriginal law expert and advocate for Indigenous rights, Bruce McIvor is also the author of two books that provide concise, easy-to-understand information for Canadians committed to truth and reconciliation. His first book Standoff: Why Reconciliation Fails Indigenous People and How to Fix It (Harbour, 2021), explains why reconciliation with Indigenous peoples isn’t presently working and what can be done about it. His latest title, Indigenous Rights in One Minute: What You Need to Know to Talk Reconciliation (Nightwood $22.95), due out May, 2025, provides concise, plain answers to 100 essential questions being asked by Canadians across the country. McIver is the founder and senior partner at First Peoples Law LLP and an adjunct professor at the University of British Columbia’s Peter A. Allard School of Law. He is a member of the Manitoba Métis Federation, and lives in Vancouver.
Photo of Bruce McIvor by Kathryn Langsford.
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What prompted you to write this book?
I wrote Indigenous Rights in One Minute because while I think most Canadians are sincerely committed to reconciliation, their best intentions are frustrated due to a lack of concise, accessible and reliable information about Indigenous rights. I wrote the book to help them be part of a meaningful local and national dialogue. It’s a very layered subject. I’ve been living and breathing these issues for so long I sometimes forget how complicated they are. Writing the book reminded me of how the complexity is due to the workings of Canadian law. Indigenous people know who they are and what reconciliation requires—it’s the legal structures that have been imposed on them that have made it all so complicated.
What are the differences between Aboriginal rights, Métis rights, Inuit rights and Indigenous rights?
The main difference is between the inherent rights of Indigenous people specific to their membership in a particular Indigenous nation and the rights recognized under Canadian law, i.e., Aboriginal rights. The latter are based on an outsider’s view of what characteristics are essential for being Indigenous and therefore need to be preserved and protected.
Can you explain how the Doctrine of Discovery still informs Canadian law and holds back Indigenous rights?
The Doctrine of Discovery is the big lie, the elephant in the room, Canada’s rotten foundation. It’s the assumption that by simply showing up and planting a flag, European countries gained an interest in Indigenous land and can now override Indigenous laws. The Aboriginal rights protected under the constitution are based on the acceptance of the Doctrine. Canada will not truly reconcile with Indigenous people until it takes concrete steps to reject the Doctrine of Discovery.
How far have we come with reconciliation since the Truth and Reconciliation Commission, and how far is there to go?
Many issues are not in the distant past. The last residential school in BC closed in 1996. Most Canadians do not understand how the effects of the genocidal policies described by the TRC continue to reverberate across the country on a daily basis. I witness it in my legal work for First Nations. The intergenerational trauma is real and ever-present. I also see it all too often in the attitudes and assumptions of government and industry representatives. It’s embedded in the very language they use with my clients. I hope that reading my book will lead these people to be more thoughtful and empathetic in their dealings with Indigenous people.
We refer to “unceded territories” in BC. Can you explain the differences between historic treaties and unceded territories?
When people in BC refer to unceded territories, they are referring to Indigenous lands where there’s not yet been a treaty between the Crown and Indigenous people, whether that’s a so-called historical treaty or a modern treaty. It’s important to keep in mind that even when there is a treaty, most if not all Treaty First Nations do not accept that they ceded their lands. Most often they understand their treaty with the Crown as being an agreement to share the land. There are many misconceptions about Indigenous rights in Canada. A common one is that Indigenous people don’t pay taxes, which is not true. I think the misinformation that’s spread and widely accepted about Indigenous rights is more than simply a matter of misconceptions. They are tools in the colonizer’s toolbox. They are used to undermine, discredit and oppress Indigenous people. A big part of reconciliation is calling out these lies. I hope my book empowers Canadians to speak the truth to their friends, colleagues and family members.
Can you explain the “piecemeal infringement of treaty rights” in terms of resource extraction?
Another way to think of this is “death by a thousand cuts.” While no individual road permit, logging permit or license for a drilling site by itself will extinguish a treaty right, when you add up the cumulative effects of these permits and licenses the end result can very well be that a First Nation is left with treaty rights they can’t exercise. Because of the efforts of Treaty First Nations, the courts are waking up to this threat and ordering governments to change their laws and policies to ensure they do not lead to the extinguishment of treaty rights.
What recent events are significant in terms of Indigenous rights and the courts?
There are two really significant recent developments. The first is that the Supreme Court has said that Parliament or a provincial legislature can recognize Indigenous rights and Indigenous laws and that this will be binding on all government officials. The courts will make any final decision about Indigenous rights, but until then, if Parliament or a legislature says they exist, they exist. The second, related development is the provincial government in BC going ahead and simply recognizing the existence of Aboriginal title for some First Nations. This is really important because it creates a path forward for First Nations who have rejected the modern treaty process.
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