ABORIGINAL LAW

Topics to be addressed will include:

• Indian Status – Amendments to the Status Provisions
• What is the Provincial Crown in Ontario doing to promote reconciliation?
• Mining revenue sharing agreements
• Impact of the Growth Plan for Northern Ontario
• The Toronto purchase specific claim
• First Nation participation in Green Energy Initiatives
• Re-visiting “Roads to Resources” – Ontario’s “Iron Roads”
• Current issues respecting Métis rights
• What happens when consultation fails?
• First Nations Governance
• Project finance in the First Nations context
• Gender equality and the Indian Act
• Recent developments in Aboriginal fishing and hunting rights

PROGRAM CO-CHAIRS

Kimberly R. Murray, LL.B
Truth and Reconciliation Commission of Canada
Osgoode Hall Law School
Former Executive Director
Aboriginal Legal Services of Toronto

Candice S. Metallic
Maurice Law Barristers & Solicitors

KEYNOTE LUNCHEON ADDRESS

First Nations Property Ownership Initiative

Chief Commissioner C. T. (Manny) Jules
First Nations Tax Commission

This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification.
Civil Litigation – 12 hours | Corporate & Commercial Law – 6 hours
Environmental Law – 1 hour

MARKETING PARTNERS

MEDIA PARTNER

Whether you’re involved in commercial activities, policy creation, claim negotiations or litigation with or on behalf of Indigenous peoples, this conference is essential.

Consider attending if you are a:

• Chief, Leader or Member of an Aboriginal Community or Associations
• Band Council Member or Official
• Federal, Provincial and Municipal Government Official and Employee (e.g. INAC, Dept. of Justice, Ministry of Aboriginal Affairs)
• Legal Counsel practicing Aboriginal, Environmental and or Constitutional Law
• Regulator and Environmental Policy Maker
• Business Developer and Entrepreneur
• Environmental Manager or Consultant

• Academic or Professor specializing in Aboriginal, Environmental and Constitutional Law
• Negotiator and Mediator
• Senior Executive, Director or Manager of energy, hydropower, wind power – green energy, mining, forestry, pulp and paper, oil & gas (natural resources firms)
• Consultant in natural resources and Aboriginal matters
• Aboriginal Policy and Affairs Advisor
• Environmental, Aboriginal, Corporate, Commercial or Tax Lawyer
• Consultant
• Manager of Aboriginal Relations and Services

Dear Colleague,

The field of Aboriginal Law is constantly evolving! Join leading experts and your peers at Insight Information’s 9th Annual ABORIGINAL LAW FORUM. This conference will cover a range of important topic areas from the most recent decision on Aboriginal rights to consultation and accommodation development; to amendments to Indian Status and presentations on Treaty Rights. The guest speakers represent different practice areas of Aboriginal Law thereby giving attendees exposure to First Nation, Government and Industry perspectives.

Moreover, networking luncheons and informal breaks provide attendees the opportunity to interact and to make new contacts. Additionally, after each session there is an opportunity to ask your questions and receive answers from the guest speakers. You will also be provided with take-away materials prepared by the speakers which are a valuable resource for future reference and use.

Join us and the guest speakers at this two day forum to discuss rapidly evolving areas of Aboriginal Law. The faculty of speakers represent many of the stakeholders involved in key practice areas of Aboriginal Law thus, providing a unique conference experience to attendees. Do not miss this opportunity to learn from the professionals working directly within the Aboriginal Law landscape.

We look forward to your participation!

Respectfully,

Kimberly R. Murray, LL.B
Truth and Reconciliation Commission of Canada
Osgoode Hall Law School
Former Executive Director
Aboriginal Legal Services of Toronto

Candice S. Metallic
Maurice Law Barristers & Solicitors

Monday, October 4, 2010

8:00

Registration and Continental Breakfast

9:00

Elder’s Opening Prayer and Welcoming Remarks from Insight Information

9:05

Co-Chair’s Opening Remarks

Kimberly R. Murray, LL.B
Special Advisor Statement Gathering
Truth and Reconciliation Commission of Canada
Adjunct Professor, Osgoode Hall Law School
Former Executive Director, Aboriginal Legal Services of Toronto

9:15

Indian Status – Amendments to the Status Provisions

Christopher Devlin
Devlin Gailus
Barristers & Solicitors

• The McIvor appeal in the B.C. Court of Appeal on residual sex discrimination in the status provisions of the Indian Act after the passage of Bill C-31 in 1985
• The federal government’s response: Bill C-3 – the McIvor amendments due to be passed by July 5, 2010
• Legal implications for status Indians and non-status Aboriginal people in Canada as well as membership in many Indian bands

10:00

What is the Provincial Crown in Ontario Doing to Promote Reconciliation?

Grant Wedge
Director, Legal Services
Ministry of Aboriginal Affairs, Ontario

This presentation will focus on recent Ontario legislative, policy and negotiation initiatives to promote greater respect for constitutionally protected Aboriginal and Treaty rights, accommodation of Aboriginal rights and interests, and reconciliation of the aspirations by First Nations and Métis for greater socio-economic benefits from development, control over development and self-determination within Ontario.

10:45

Networking Coffee Break

11:00

Mining Revenue Sharing Agreements

Ben Bradshaw, Ph.D.
Associate Professor
University of Guelph

• Recent trends in revenue sharing within Canadian IBAs
• Where to from here?
  • Revenue Sharing as compensation or benefit?
  • IBAs without revenue sharing?

Dr. Jonathan Fowler
Vice President, Aboriginal Affairs and Sustainability
DeBeers Canada Inc.

• Benefits of “Impact Benefit Agreements”

Sandra A. Gogal
Partner
Miller Thomson LLP

• Revenue sharing options
• Revenue sharing v. benefit sharing
• An examination of the legal principles surrounding benefit sharing
• Addressing overlapping territorial claims in the context of negotiating participation agreements

12:30

Networking Luncheon

1:30

Impact of the Growth Plan for Northern Ontario

David L. Didluck
Director, Partnerships and Consultation
Ontario Growth Secretariat
Ministry of Energy and Infrastructure

Working directly with Northern Ontarians and Aboriginal communities, the Province of Ontario has been working to define and establish a bold, 25 year economic vision for Ontario’s North based on the key principles of community economic sustainability.

Growth plans are intended to provide a long-term vision that aligns decision-making and investment planning, and will help guide relationships with communities. Partnerships with Aboriginal communities and private stakeholders will be key to the success of the plan’s objectives.

The presentation will provide an update on Ontario’s efforts and discuss lessons learned from the engagement with Northern Aboriginal communities and stakeholders.

2:15

The Toronto Purchase Specific Claim

Chief Bryan LaForme
Mississaugas of the New Credit First Nation

Kim Alexander Fullerton
Barrister & Solicitor

• History and background, from rejected claim to largest specific claim settlement to date
• Lessons in valuing a 200 year old grievance, “were they plain bonnets or lace bonnets?”
• The importance of good research and examining the historic documents
• Patience is a virtue, holding out for the best possible settlement
• The Settlement Agreement, getting it right
• The Trust Agreement, listening to your members
• Best practices, how to clear the path for success

3:15

Networking Refreshment Break

3:30

First Nation Participation in Green Energy Initiative

R. Lee Francoeur
Partner
Maurice Law Barristers & Solicitors

• What is Green Energy?
• The Evolution of Green Energy initiative
• Recent developments in Green Energy
• First Nation participation in Green Energy Projects

4:15

Re-Visiting “Roads to Resources” — Ontario’s “Iron Roads”

Kenneth R. Peel
Counsel in Transportation Law & Dispute Resolution
Certified Specialist in Civil Litigation [LSUC]
Barrister & Solicitor

The development of the minerals exploration area of the mid-northern Ontario “Ring Of Fire” lands was given specific reference and support in Ontario’s 2010 budget. The old 1950’s election platform cry of “Roads to Resources” is revisited with a consultation and accommodation perspective, and special emphasis or perspective on railroads [“iron roads”] such as the Ontario Northland Railway and the Genesee & Wyoming’s Huron Central and new Labrador lines.

5:00

Co-Chair’s Summation and Conference Adjourns for the Day

Tuesday, October 5, 2010

8:30

Continental Breakfast

9:00

Remarks from Insight Information

9:05

Co-Chair’s Opening Address

Candice S. Metallic
Senior Associate
Maurice Law Barristers & Solicitors

9:15

Current Issues Respecting Métis Rights

Jason Madden
JTM Law

This presentation will focus on the increasingly important question of ‘who is Métis’ in relation to constitutional rights and the Crown’s obligations flowing from these rights. The presentation will look at how the courts, governments and the Métis themselves have been dealing with the issue since the release of the Powley case.

The presenter will also discuss the relationship between Métis identity and the Indian Act in relation the Cunningham v. Alberta case and the McIvor case. The presentation will also provide an overview of Métis litigation ongoing across Canada.

10:00

What Happens When Consultation Fails?

Christopher Reid
Barrister & Solicitor

• Free entry mineral exploration
• The limits of consultation
• Do First Nations have a right to say “no”?
• Ontario’s discriminatory approach to consultation
• The use of injunctions and contempt proceedings

10:45

Networking Coffee Break

11:00

First Nations Governance

John Rowinski
Law Office of John Rowinski

• Types of First Nations government: Indian Act or customary
• Best practices in meeting duties to Band members
• Avoiding conflicts of interest
• Essential policies and procedures to enact and follow

11:45

First Nation Tax Immunity: An Update

Max Faille
Partner, Gowling Lafleur Henderson LLP
National Leader, Aboriginal Law

• s. 87 of the Indian Act: a vanishing right?
• The Bastien and Dubé cases in the Supreme Court of Canada
• The road ahead

12:30

Networking Luncheon

1:30

First Nations Property Ownership Initiative

Chief Commissioner C. T. (Manny) Jules
First Nations Tax Commission

2:15

Gender Equality and the Indian Act: Forever an Oxymoron

Wendy Cornet
Cornet Consulting & Mediation

This presentation will focus on the concept of gender equality under the Charter and the limits of realizing it within the framework of the Indian Act, particularly in view of the analysis and precedent represented by the McIvor BCCA decision. It will also touch on trends in gender equality analysis respecting issues affecting First Nations people.

3:00

Networking Refreshment Break

3:15

“What makes Them Who They Are”: Bribery and Coercion in Cultural Compromise

Peter W. Hutchins
Sole Partner
Hutchins Legal Inc.

An exploration of the dichotomy between Courts insisting on cultural continuity from first Aboriginal/European settler interactions to the present, on the one hand, and, on the other, Federal and Provincial insistence on Euro-Canadian procedures and values being adopted before “recognition” or “business” are possible.

3:45

Recent Developments at the United Nations

Ritu R. Gambhir
Senior Counsel
Aboriginal Affairs Portfolio
Department of Justice Canada

• Permanent Forum on Indigenous Issues
• Expert Mechanism on the Rights of Indigenous Peoples
• Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
• Declaration on the Rights of Indigenous Peoples

4:45

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.