WESTERN CANADA ABORIGINAL LAW FORUM

MAY 28, 2012

8:30

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
Founder
Eagle Law Group

9:15

OPENING KEYNOTE ADDRESS

Nuu-chah-nulth-aht Ha'wiih Rights

Wickaninnish, Clifford Atleo Sr.
Ahousaht First Nation
President, Nuu-chah-nulth Tribal Council

9:45

Historical Treaties, Current Claims: The Evolving Interpretation of the Numbered Treaties, and Their Impact on Proposed Resource Development

Roy Millen
Partner
Blake, Cassels & Graydon LLP

Laura Cundari
Lawyer
Blake, Cassels & Graydon LLP

• Review of key cases considering historical treaties
• The scope of clauses contemplating subsequent regulation/derogation of treaty rights
• Impact of the Keewatin decision on resource development

Allan Donovan
Founder
Donovan & Company

• Primary areas of treaty breach
• Best forum for resolution: litigation vs. Specific Claims
• Implications of Crown non-compliance for third party development

11:00

Networking Coffee Break

11:15

PANEL DISCUSSION

Aboriginal Involvement in Natural Resource and Environmental Regulatory Processes

Moderator:
R. Lee Francoeur
Founder
Eagle Law Group

Patricia Johnston, Q.C.
General Counsel
Energy Resources Conservation Board, Alberta

• First Nations objections and concerns relating to energy development applications
• Decisions for constitutional law questions
• Notices of questions of constitutional law from First Nations participants

Keith B. Bergner 
Partner
Lawson Lundell LLP

• The changing dynamics of environmental and regulatory processes
• Recent case law and tribunal decisions
• The role of the proponent and the role of the tribunal in Aboriginal consultation

Rosanne Kyle
Principal
Janes Freedman Kyle Law Corporation

Jaela Shockey
Lawyer
Janes Freedman Kyle Law Corporation

• How Aboriginal and Treaty rights fit within environmental assessment processes
• How environmental assessment processes are changing to address Aboriginal and Treaty rights
• The need to determine thresholds for impacts to Aboriginal and Treaty rights

Bernard J. Roth
Partner
Fraser Milner Casgrain LLP

• One of the functions of the regulatory and environmental assessment process is to address issues and concerns of individuals or groups that could potentially be affected by natural resource or facility development
• Quasi-judicial tribunals such as Canada's National Energy Board and Alberta's Energy Resources Conservation Board have a long history of balancing the public interest in natural resource and facility development with impacts such development could have on landowners and other affected parties
• The regulatory and environmental assessment process can greatly assist the federal and provincial governments in dealing with First Nations to address the potential for impacts that facility development could have on lands that may be subject to aboriginal title and the exercise of aboriginal rights

Meaghan Conroy
Lawyer
Ackroyd LLP

First Nation and Métis involvement in Alberta's natural resource regulatory regime.

• Presenting constitutional issues before the Energy Resources Conservation Board
• Evidentiary, standing and cost matters before Alberta regulatory boards
• Role of the provincial Crown regulatory hearings

12:45

Networking Luncheon

1:45

Problems in Proving Aboriginal Rights

Hugh Braker, Q.C., N.A.A.A.
Braker &amp: Company
Barristers & Solicitors

An overview of the key issues that impact Aboriginal rights.

2:15

Accommodation, Consultation and Compensation in Northern BC – Oil and Gas Development

R. Lee Francoeur
Founder
Eagle Law Group

Alexa McClaren
Lawyer
Eagle Law Group

• Consultation in relation to the oil and gas development in BC in light of recent case law on the duty to consult
  and high level strategic decisions (Carrier Sekani Tribal Council, West Moberly, Taseko Mines Limited)
• Consultation under the Northern Pipeline Act: historic authorizations and the Crown's modern-day duty to consult
• Cumulative effects and consultation related to oil and gas development

3:15

Networking Refreshment Break

3:30

New Cases in Consultation

Michelle Suzanne Jones
Associate
Lawson Lundell LLP

• Newly released decisions from across Canada
• Recent appeals
• Cases to watch for

4:15

Recent Supreme Court of Canada Tax Cases – Estate of Rolland Bastien v. The Queen (2011 SCC 38) and Alexandre Dubé v. The Queen (2011 SCC 39)

Dean Barrett
Tax Associate
Miller Thomson LLP

• Review of recent Supreme Court of Canada cases in relation to exemptions from tax under section 87 of the Indian Act
• Tax Court case law update
• Tax considerations for First Nation development and investment

5:00

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

MAY 29, 2012

8:45

Continental Breakfast

9:00

Remarks from Insight Information

9:05

Co-Chair's Opening Address

Merle C. Alexander 
Partner & Co-Leader of First Nations Practice Group
Bull, Housser & Tupper LLP
(Member of Kitasoo Xai'xais First Nation, Tsimshian Nation)

9:15

Aboriginal Contracting and Joint Ventures

Paul C. Wilson
Partner
Fasken Martineau DuMoulin LLP

• Why aboriginal business opportunities will continue to increase – where do they apply?
• Keys to successful Aboriginal contracting
• Structuring and operating "win-win" joint ventures
• Partnering strategies for sustainable businesses

10:00

Networking Coffee Break

10:15

Really, Lawyers and MBA's Can Work Together

Drew Leathem, MBA
Manager, Consulting Services
MNP LLP

• How business analysis can assist legal teams and their clients in Impact Benefit Agreement (IBA) and other negotiations
• Prepare for, negotiate and implement IBAs
• Case studies that illustrate practical ways that business and financial analysis has been used
• Establish and defend a strong negotiating position
• Model and evaluate proposed settlement scenarios
• Successfully implement settlements through the set up and operation of new entities ranging from financial trusts,
  to economic governance structures and new businesses

11:00

Impact Benefit Agreements (IBAs): Positive Trends in IBA Negotiations

Merle C. Alexander
Partner & Co-Leader of First Nations Practice Group
| Bull, Housser & Tupper LLP
(Member of Kitasoo Xai'xais First Nation, Tsimshian Nation)

• Resource revenue sharing by provincial governments
• Profit sharing by proponents
• Equity ownership of proponent: shares, warrants and options
• Foreign investors as opportunities for greater equity in Projects
• Indian Act tax exemptions as key asset
• First Nations development of their own projects

11:45

Networking Luncheon

1:00

Local Governance and the Duty to Consult

Kylie E. Walman
Lawyer
Borden Ladner Gervais LLP

• How is the duty to consult impacted by the creation of local government?
• Do local governments have a duty to consult?
• Review of the Adams Lake Indian Band v. Lieutenant Governor in Council case and recent appeal
• Review of cases currently before the courts

1:45

Aboriginal Employment Law 101

Scott A. McCann
Partner
Harris & Company LLP

• Unjust dismissal under the Canada Labour Code
• Wrongful dismissal
• The value of written contracts
• Issues with personnel policy manuals

2:30

Networking Refreshment Break

2:45

INSERT SPECIAL SESSION

Species at Risk Legislation and Aboriginal and Treaty Rights

Moderator:
Merle C. Alexander
Partner & Co-Leader of First Nations Practice Group
Bull, Housser & Tupper LLP
(Member of Kitasoo Xai'xais First Nation, Tsimshian Nation)

Lisa Fong
Barrister & Solicitor
Ng Ariss Fong

Dawn Pritchard
Counsel, Environment Canada Legal Services Unit
Department of Justice Canada
Government of Canada

Barry D. Smith
Director, Canadian Wildlife Service
Environment Canada
Pacific & Yukon Region
Government of Canada

W. Ming Song
Barrister & Solicitor
Songbird Law Corporation

• Introduction to the Species At Risk Act (SARA) Legislation
  • parliamentary intent of the legislation
  • summary of the legislation and the strategy for its implementation
  • implications of SARA for Reserve Lands and Treaty Settlement Lands
  • how to comply with SARA when developing on Reserve Lands
• Top 5 key points to remember about the SARA legislation
• Top 5 misconceptions and potential errors when undertaking actions to comply with SARA
• Working effectively with Government

4:15

How it Can All Come Together: A Case Study on the Ojibways of the
Pic River First Nation

Joel Krupa
Energy Analyst, Pic River Energy
Pic River First Nation

• Community-driven development: Putting the fundamentals in place
• What Aboriginal groups should look for in a commercial partner
• Innovative partnerships - The case of the East-West Tie transmission project
• Identifying future barriers to large-scale, Aboriginal-led sustainable resource development

5:00

CLE Accreditation

This program has been approved by the Law Society of British Columbia for 10.75 hours and by the Law Society of Saskatchewan for 11 hours.

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

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
• Academic Specializing in Aboriginal, Environmental and Constitutional Law
• Negotiator and Mediator
• Consultant in Aboriginal Matters
• Aboriginal Policy and Affairs Advisor, Regulator
• Aboriginal, Corporate, Commercial and Tax Lawyer
• Manager of Aboriginal Relations and Services

Dear Colleague,

The field of Aboriginal Law has continued to change and evolve throughout 2011 and into 2012. The leading experts speaking at this Insight Information conference will provide you with valuable updates on the most recent developments in Aboriginal Law.

The 9th Annual WESTERN CANADA ABORIGINAL LAW FORUM will cover a range of important topic areas from oil and gas development, Impact and Benefit Agreements, and Consultation and Accommodation, to the evolving interpretation of the Numbered Treaties on proposed resource development, Aboriginal involvement in natural resource and environmental regulatory processes and problems in proving Aboriginal rights. This conference will also include updates on Bill S-2 (family homes on reserves and matrimonial interests or rights act), Aboriginal joint ventures, lawyers and MBAs, Aboriginal employment law, and strategies for managing on-reserve violence.

The guest speakers represent different practice areas of Aboriginal law giving you exposure to First Nation, government and industry perspectives. Networking luncheons and informal breaks provide you the opportunity to interact and to make new contacts. A question and answer period will follow each session. You will also receive topic materials prepared by the guest speakers, which will serve as a valuable resource for future reference and use. Join us and the speakers at this two day forum to discuss rapidly evolving areas of Aboriginal Law.

Don't miss this opportunity!

R. Lee Francoeur
Founder
Eagle Law Group

Merle C. Alexander 
Partner & Co-Leader of First Nations Practice Group
Bull, Housser & Tupper LLP
(Member of Kitasoo Xai'xais First Nation, Tsimshian Nation)

Please note: Full payment is required in advance of conference dates. Please make all cheques payable to Insight Information.