ABORIGINAL LAND RESOURCE MANAGEMENT FORUM

JANUARY 31, 2012

8:15

Registration and Continental Breakfast

9:00

Elder's Opening Prayer and Welcoming Remarks from Insight Information

9:05

Co-Chair's Opening Remarks

R. Lee Francoeur
Eagle Law Group

9:15

Opening Keynote Address

Grand Chief Stewart Phillip
Union of British Columbia Indian Chiefs

9:45

CASE STUDY

Land Management and Community Consultation

Chief Ian Campbell 
Cultural Ambassador & Negotiator for Intergovernmental Relations
Squamish Nation

Chief Bill Williams
Lead Negotiator Aboriginal Rights and Title

• Negotiating a strategic land use agreement outside the treaty process
• Alternative models to community engagement
• Developing models of co-management in a multi-layered government framework
• Establishing jurisdiction over traditional land

10:30

NetworkingCoffee Break

10:45

The Duty to Consult the Métis

Melanie Paradis, B.A., M.Sc. 
Director of Lands, Resources & Consultations
Métis Nation of Ontario

• Update on Métis rights
• The duty in practice: Métis case studies from Ontario
• The evolution of consultation with Métis communities
• Outlook to the future

11:30

Impact Benefit Agreements (IBAs): The Top Five Issues in Negotiating Equitable Legal Certainty for Aboriginal Peoples

Merle C. Alexander
Partner
First Nations
Bull, Housser & Tupper LLP

• Do First Nation developed template agreements provide equity?
• Are negotiations “With Prejudice”?
• Can benefits provide equity?
• Can you negotiate “Prior Informed Consent”?
• Can financial terms achieve equity?

12:15

Networking Luncheon

1:15

Keynote Luncheon Address

Regional Chief Jody Wilson-Raybould 
BC Assembly of First Nations
 

1:45

The Different Types of Land Interests on Reserve

Berry Hykin
Woodward & Company
 

• Custom allotments
• Buckshee agreements
• Certificates of possession
• Permits
• Land designation for leasing
• Leases

2:30

Our Lands Our Future: A Modern Treaty Perspective of How Ownership and Jurisdiction Support Sustainable Land Development

Chief Kim Baird 
Tsawwassen First Nation
 

• Importance of both land ownership and jurisdiction
• What does 'sustainability' mean to a community – seeking to balance economic development with other aims (environmental, cultural, and societal)
• How to integrate modern planning processes with Aboriginal culture and values
• Decision-making processes for communally owned land

3:15

Networking Refreshment Break

3:30

CASE STUDY

The Nisga'a Land Title System: How and Why a Torrens Title System Works for the Nisga'a Nation

Diane E. Cragg
Registrar of Land Titles
Nisga'a Lisims Government

• Nisga'a jurisdiction and ownership
• Elements of a Torrens title system
• How a Torrens system can express Nisga'a cultural view of land ownership
• Resolving boundary disputes
• Establishing unrestricted fee simple ownership of Nisga'a Lands

4:15

Understanding Carbon Market Opportunities and Delivering Tangible Ecosystem and Economic Benefits for First Nations

David Rokoss
Director – Compliance Markets
Era Ecosystem Restoration Associates Inc.
 

• Overview of carbon markets
• Developing policy and legislation for both carbon policy and carbon rights allocation to FN's
• Discussing land use considerations in FN land management plans

5:00

Putting Huu-ay-aht Interests First - Land Management Gamechangers

Robert H. Botterell
Legal Counsel
Huu-ay-aht First Nations
 

• Huu-ay-aht Tenure
• Integrated Land Use Planning
• Huu-ay-aht Enforcement
• Huu-ay-aht Citizen Engagement

5:30

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

FEBRUARY 1, 2012

8:30

Continental Breakfast

9:00

Remarks from Insight Information

9:05

Co-Chair's Opening Address

Chief Gilbert (Gibby) Jacob
Executive Operating Officer
Squamish Nation

9:15

The Intersection Between Species at Risk Law and Aboriginal and Treaty Rights

JoAnn P. Jamieson 
Lawson Lundell LLP

• The Crown's Duty to Consult and Accommodate
• West Moberly First Nations v. British Columbia (Chief Inspector of Mines) 2011 BCCA 247
• Adam v. Canada (Minister of Environment) 2011 FC 962
• The Federal Species at Risk Recovery Strategy for Boreal Caribou
• British Columbia and Alberta Caribou Protection Policies
• The Designation of Critical Habitat and What it Means to Development

10:00

Networking Coffee Break

10:15

The B.C. Coast Opportunity Fund's – Conservation Fund Which Provides Core Funding

Cameron Brown MBA
Independent Management Consultant
Board Member, Coast Opportunity Funds (COF)

Profile of a unique organization that provides core funding to participating First Nations for forest/land/marine and general resource management activities in B.C.: An Instructive Example of Collaboration between First Nations, the Federal & Provincial Governments & Foundations for Stewardship of Traditional Territories (on and off-reserve)

11:00

Projects on First Nation Territories; Strategies for Consultation Success

A.W. (Sandy) Carpenter
Partner
Fasken Martineau DuMoulin LLP

Charles F. Willms
Partner
Fasken Martineau DuMoulin LLP

• Resource development on traditional territories – mining, forestry, energy, and oil and gas – overview of issues
• Regulatory processes and their application to consultation – BCEEA, CEAA, BCUC, NEB
• Strategies for avoiding conflicts for development
• Methods of dispute resolution where conflicts not resolved

Robert Freedman
Janes Freedman Kyle Law Corporation
 

• Key principles in First Nations consultation
• Key obligations of First Nations, government and industry
• What are the key outstanding issues and questions
• How can consultation better work in practice?

12:30

1:30

CASE STUDY

Economic Development and Leasing

Jeff Ross
Chief Executive Officer
Onion Lake Business Development Corporation

• How we developed the structure of the Onion Lake Business Development Corporation (OLBDC) and why it works for the betterment of the community
• Structuring the OLBDC in line with the vision of the Board of Directors and the Chief and Council of Onion Lake to maximise profit for Onion Lake Cree Nation
• Financial history of OLBDC & the various limited partnerships that are managed by the OLBDC
• Obstacles that must be overcome to ensure that the OLBDC is successful
• Strategic evaluation of the OLBDC
• Constant reporting
• Risk management of the OLBDC
• How does OLBDC operate with leasing in the oil and gas industry

2:15

CASE STUDY

Active Participation Within the Environmental Sector Through Formalized Agreements

Leigh Anne Isaac, PhD, RPBio.
Manager, Environment Department
Nupqu Development Corporation

• Developing a tool for participation
• Increasing the ability to participate
• Building formalized relationships
• Other procurement methods

3:00

Networking Refreshment Break

3:15

Utilizing Technology to Enhance Environmental Management at the Community Level

Chief Judy Wilson
Skatsin/Neskonlith Indian
Neskonlith Band

• 'Caring for the Land' and sources of Indigenous laws/principles
• Developing community based governing systems to store, manage and analyze community data
• How it can help communities in reviewing resource development applications in their territories/impact assessments
• Aid in planning for communities resource development needs
• Assists forming Indigenous based permits and regulatory frameworks

4:00

Engagement and Empowerment: Aboriginal Capacity for Resource Management

Pamela Perreault, PhD candidate
Consultant
Perreault & Associates

• Engagement and empowerment – Is there a difference?
• How are the capacities of Aboriginal peoples considered in existing engagement processes?
• What are the real capacity needs of Aboriginal communities, and how do these change over time?

4:45

Elder's Closing Prayer, Co-Chair's Summation and Conference Concludes

CLE Accreditation

This conference has been approved by the Law Society of British Columbia and the Law Society of Saskatchewan for 12 hours.

• Chiefs, Community Leaders and Band Council Members
• First Nations, Métis and Inuit Community Members
• Federal, Provincial and Municipal Representatives
• Land Use and Sustainable Development Managers
• Land and Water Resource Managers, Administrators
• Chief Negotiators, Treaty Negotiators and Mediators
• Claim Negotiators
• Environmental Natural Resources Managers, Consultants, Policy Advisors and Regulators
• Natural Resource and Economic Development Officers

• Private Sector Consulting Firms Involved in Land Management Projects
• Academic and Environmental Stakeholder Groups
• Legal Counsel Practicing Aboriginal, Environmental, Commercial and Constitutional Law or Negotiations
• Regulator and Environmental Policy Makers
• Senior Executives, Directors and Managers of Companies in:
  • Energy, Hydropower, Wind Power, Green Energy, Mining, Forestry, Pulp and Paper, Oil & Gas (natural resources firms), Land Development Sectors
• Business Developers and Entrepreneurs

Greetings,

We are pleased to invite you to Insight Information's ABORIGINAL LAND RESOURCE MANAGEMENT FORUM.

For this annual two-day conference, we have developed a forum that will focus on recent advancements and initiatives in land development and resource projects that are affecting the economic development dynamic among the key stakeholders – Aboriginals, government and industry. We will review successful partnerships in innovative approaches to engaging and consulting with First Nations and Inuit on land management and resource projects; and topics that directly impact Aboriginal communities in various sectors.

The need to develop strategies that address the challenges of managing Aboriginal land issues is an ongoing process with many considerations. While implementing best practices is paramount there must also be consideration of the community, regional requirements and traditional values. This conference will focus on recent developments land management issues and the advancements and initiatives in development in providing sustainable land and economies in First communities.

Forestry, oil drilling, mining and mineral exploration, pipelines and road building can bring opportunities for economic development, jobs and training. There are challenges that come along with development and impacts upon the way First Nation people use the land. As a result Aboriginal communities face a variety of challenges arising from development and the legacy that is left behind. This conference will provide examples of how some First Nations are keeping abreast of the changes in both the legal and political landscape, in order to use these developments to benefit their respective communities.

We will examine consultation, treaties and land rights and the significant impact on land and resource management development. Currently there is no uniform approach to consultation and accommodation, leading to different jurisdictions applying different standards. This conference will provide an opportunity to hear from various speakers on how these issues are dealt with across different jurisdictions. Hear from the experienced panel of speakers who will provide updates and case studies on resource development opportunities and best practices. We look forward to meeting with you in Vancouver.

R. Lee Francoeur
Barrister & Solicitor
Eagle Law Group

Chief Gilbert (Gibby) Jacob
Executive Operating Officer
Squamish Nation

COPPER SPONSOR

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.