ABORIGINAL LAW FORUM

From First Nation, Government and Industry perspectives learn about:

• Regulatory Tribunals and the Adequacy of Consultation – Rio Tinto Alcan and B.C. Hydro v. Carrier Sekani Tribal Council
• Dealing with challenges to compensation in specific claims
• The Effectiveness Traditional Land Use Studies – Are they necessary?
• Aboriginal Rights and Cumulative Effects: are caribou the new canaries in the not-so-proverbial coal mine?
• Current models for accommodation in major projects
• Evidence law and Aboriginal law: the stress points
• Dealing with Section 35 Rights in environmental assessments
• Effective partnerships between business, government and Aboriginal businesses or communities
• Working under the First Nations Fiscal and Statistical Management Act: Songhees Nation Case Study
• Update on Aboriginal Tax Exemptions and their application to employment, investment and business income
• Overlapping or shared traditional territorial claims

PROGRAM CO-CHAIRS

R. Lee Francoeur
Barrister & Solicitor

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

CLE Accreditation

This conference has been approved by the Law Society of British Columbia and the Law Society of Saskatchewan for 11.50 hours.

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

• Academics 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, Regulator
• Environmental, Aboriginal, Corporate, Commercial and Tax Lawyer
• Manager of Aboriginal Relations and Services

Dear Colleague,

As evolution in the field of Aboriginal Law continues the leading experts speaking at this Insight Information conference will provide you a valuable opportunity to learn the latest developments in Aboriginal Law. This 7th Annual WESTERN CANADA ABORIGINAL LAW FORUM, will cover a range of important topic areas including the most recent decisions. The guest speakers represent different practice areas of Aboriginal Law thereby giving attendees exposure to First Nation, Government and Industry perspectives.

Networking luncheons and informal breaks provide you the opportunity to interact and to make new contacts.

There is an opportunity after each session to ask questions and have questions answered by the guest speakers. You are also 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, providing you a unique conference experience. Don’t miss this opportunity!

We look forward to your participation

R. Lee Francoeur
Barrister & Solicitor

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

JANUARY 25, 2011

8:00

Registration and Continental Breakfast

9:00

Elder’s Opening Prayer and
Welcoming Remarks from Insight Information

9:05

Co-Chairs’ Opening Remarks

R. Lee Francoeur
Barrister & Solicitor

9:15

Rio Tinto Alcan and B.C. Hydro v. Carrier Sekani Tribal Council – The Adequacy of Consultation

Roy Millen
Partner
Blake, Cassels & Graydon LLP

• Do administrative tribunals and Crown agents owe a duty to consult First Nations?
• How does the principle of the honour of the Crown guide and affect consultation?
• Is procedural fairness different in the Aboriginal consultation context?
• How should past grievances be addressed, by project proponents, the Crown and First Nations?
• Is consultation limited to the physical impacts of development and related matters, or are purely economic impacts subject to consultation and accommodation?

Regulatory Tribunals and the Adequacy of Consultation

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

• Kwikwetlem v. British Columbia Utilities Commission
• Determining the adequacy of consultation as part of polycentric decision-making
• Conducting a hearing on the adequacy of consultation – lessons learned
• Staged decision-making: assessing adequacy when consultation isn’t complete
• The role of the Courts; appeal or judicial review

10:30

Networking Coffee Break

10:45

Challenges to Compensation in Specific Claims

Jeffrey F. Harris
Partner
Myers, Weinberg LLP, Winnipeg

First Nations involved in negotiating compensation under Canada’s Specific Claims Policy are faced with legislated and policy limitations imposed by Canada which make it difficult to address all of the losses caused by a breach of treaty or fiduciary obligation. This undermines the principle of reconciliation. In this presentation, we will examine the compensation principles under the specific claims process, consider how those principles measure up to modern jurisprudence dealing with fiduciary and treaty obligations and propose a legal framework which supports reconciliation.

11:30

Traditional Land Use Studies

Clifford G. Proudfoot
Partner
Lawson Lundell LLP

• Are they necessary at all?
• What are we trying to accomplish with them?
• Are they required as part of an environmental or regulatory assessment process?
• How do they fit within the aboriginal consultation process?
• What do they contain?
• What do they cost?
• Confidentiality – who should get the information and how is it protected?
• How can the information to be used?

12:15

Networking Luncheon

1:30

Aboriginal Rights and Cumulative Effects: Are Caribou the New Canaries in the Not-So-Proverbial Coal Mine?

Christopher Devlin
Partner
DEVLIN GAILUS

Increasingly, we are seeing endangered caribou herds at the centre of disputes between the Crown, First Nations and developers raising issues about the nature of First Nation rights, conservation and cumulative effects – what does it mean and where are these concerns going?

• British Columbia – the BC Court of Appeal is considering whether the Crown is required to protect critical habitat for specific species harvested as part of the traditional seasonal round of a Treaty First Nation in West Moberly First Nations v. First Coal Corporation
• Alberta – a coalition of First Nations lead by the Beaver Lake First Nation, are seeking judicial review to force the federal government implement a caribou recovery strategy for the threatened caribou herds in northern Alberta, herds which the First Nations say have been decimated by the cumulative effects of oil and gas production
• NWT – two endangered caribou herds, the Bathurst herd and the Porcupine herd, gave rise to a ban on hunting, a court reference, a limited hunt, as well as a caribou management plan
• Labrador – endangered caribou there lead to a ban on hunting, which was directly challenged by Innu hunter claiming an Aboriginal right to hunt and a failure by Quebec to consult about the ban

2:15

First Nations Gaming in Canada

Bonnie D. Missens
Corporate Solicitor
Saskatchewan Indian Gaming Authority

• The history of First Nation gaming the Canada/US experience
• Responsible gaming, where do casinos draw the limit
• Do the financial gains outweigh the social implications?

3:00

Networking Refreshment Break

3:15

How is Accommodation Occurring in Major Projects?

Tracy Campbell
Principal
Calliou Group

• Oil and Gas vs Mining; Alberta vs BC; Federal vs Provincial examples
• How does accommodation “fit” with consultation?
• What are industry options for accommodation?
• When should Crown step in?
• What are the risks associated with accommodation?
• What’s the difference between accommodation, economic development and good neighbour policies?

4:00

Evidence Law and Aboriginal Law: the Stress Points

Michael P. Doherty
General Counsel
Justice Canada

Some might say that an enduring legacy of Delgamuukw has been a reluctance by trial judges to take a hard line on the admission of evidence in aboriginal cases. From oral history to ancient documents, does evidence law have any relevance in aboriginal cases?

4:45

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

JANUARY 26, 2011

8:00

Continental Breakfast

9:00

Remarks from Insight Information

9:05

Co-Chairs’ Opening Remarks

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

9:15

Key Issues and Considerations for First Nations Doing Business with Business Associates

Rob Miller
Partner
Miller Titerle LLP

• Different types of business associations
• Key relationship issues and principal agreements
• Potential sources of revenue: the broad perspective

Randy Munro
Associate Partner
Tax
Deloitte & Touche LLP

• Key tax provisions in business agreements
  • joint ventures
  • corporations
  • limited partnerships
  • commercial trusts
• Key tax provisions in business agreements

10:30

Networking Coffee Break

10:45

Dealing with Section 35 Rights in Environmental Assessments

Robert Freedman
Partner
Janes Freedman Kyle Law Corporation

• Why should EAs deal with section 35 rights?
• Why are current federal and provincial EA processes inadequate to deal with section 35 rights
• What can be done to fix the problem?

11:30

Partnerships Between Business, Government and Aboriginal Businesses or Communities

Merle C. Alexander
Partner
First Nations
Bull, Housser & Tupper LLP
Member of Kitasoo Xai’xais First Nation, Tsimshian Nation

• Project between Silvercorp – a Chinese owned company and the Kaska Dena Council
• Moving to successful partnerships: negotiating individualized agreements for land and water access, availability and resources
• Ensuring that the Kaska consent to all aspects of the project is integral to the advancement of the project
• Using incremental agreements to achieve the best results
• A critical balance – where to and how do we do it better?
• Imperative role of integrating traditional ecological knowledge throughout all decision-making in a project

12:15

Networking Luncheon

1:15

Working Under the First Nations Fiscal and Statistical Management Act: Songhees Nation Case Study

Kathryn Deo
Lawyer
Cedar Law

Jackie Albany
Director of Operations
Songhees Nation

Christina Clarke
Tax Administrator
Songhees Nation

• Reasons to go under the FSMA
• Developing and implementing property taxation laws, local revenue laws and financial administration laws
• Working with the Four Institutions
• Benefits and challenges
• Creating best practices that meet your community’s unique needs

2:30

Networking Refreshment Break

2:45

Update on Aboriginal Tax Exemptions and Their Application to Employment, Investment and Business Income

Robert Cherniack
Barrister and Solicitor (Vancouver, B.C.)

• Section 87 of the Indian Act
• The Nowegijick decision
• The Williams decision
• Cases and decisions since Williams
  • employment income
  • investment income
  • business income
• Other income tax exemptions

3:45

Overlapping or Shared Traditional Territorial Claims

W. Ming Song
Barrister & Solicitor
Songbird Law Corporation

• Identifying important issues and challenges faced by First Nations, Industry and Government in overlapping and shared traditional territorial claims
• What some of the solutions are, strategies and recommendations for First Nations, Industry and Government

4:30

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.