WESTERN CANADA ABORIGINAL LAW FORUM

MAY 30, 2011

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

R. Lee Francoeur 
Barrister & Solicitor
Francoeur Law Office

9:15

Are Treaties the Answer?

Sophie Pierre
Chief Commissioner
BC Treaty Commission

9:45

Networking Coffee Break

10:00

The UN Declaration on the Rights of Indigenous Peoples and Its Implications for Canada's Indian Treaties

Andrew Bear Robe, Ph.D. 
Executive Manager to Siksika Nation Chief and Council
Siksika Nation, Alberta

• The UN Declaration and Canada's Victorian Treaties
  • Canada's forgotten Victorian Treaties (1871 – 1921)
  • The economic significance of the Queen's treaty promises for both Canada and First Nations
  • How can the UN Declaration assist First Nations that signed the historic treaties?
  • The future outlook for Canada – First Nations' treaty relations

R. Lee Francoeur
Barrister & Solicitor
Francoeur Law Office

• Background and Introduction to the UN declaration
• What is the legal effect of the UN declaration?
• How can First Nations enforce the UN declaration?
• What are the modern day implications on First Nations Governments?

11:00

Indigenous Issues and the United Nations

Ritu Gambhir
Senior Counsel
Aboriginal Law and Strategic Policy 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

11:30

Consultation and Accommodation

Robert Janes 
Janes Freedman Kyle Law Corporation

• Implications of Rio Tinto and Beckman
• Consultation and legislative decisions
• Third parties and consultation
• The effect of process agreements

12:00

Networking Luncheon

1:00

Bad Medicine and the Spiritual Crisis in Aboriginal Canada

The Honourable Judge John Reilly (Retired)
Author
(Publisher: RMB | Rocky Mountain Books)

1:30

Top Ten Negotiation Issues for Impact Benefit Agreements (IBA's)

Billy S. Garton
Partner
Bull, Housser & Tupper LLP

Tamara R. Olding
Associate Counsel
Bull, Housser & Tupper LLP

• Negotiating consent for First Nations to allow projects on territorial lands or claimed lands
• Bringing innovative financial options to facilitate First Nation investment within projects
• Making negotiation over litigation the best option

2:30

New Developments in Specific Claims

Allan Donovan
Donovan & Company Barristers & Solicitors

• Issues in claims research and writing
• Claims Negotiation Issues
  • quantifying damages
  • Canada's "Proxy Model"
  • available remedies
• The New Specific Claims Tribunal
  • Benefits and limitations
  • When can you go?
  • When should you go?
  • Rules and procedures

3:15

Networking Refreshment Break

3:30

Labour Relations – The Supreme Court of Canada's decision in NIL/TU,O and Native Child

Jennifer Chow 
Litigation Lawyer
Department of Justice Canada

• The functional test in labour relations
• Child and family services as provincial undertakings
• Section 91(24) of the Constitution Act, 1867 and what the "core of Indianness" contains
• Whether the doctrine of interjurisdictional immunity is losing relevance in Aboriginal law
• How these decisions fit within "cooperative federalism"

4:15

Administrative Decisions Regarding Projects in Aboriginal Territory Following the Carrier Sekani Case

Roy Millen 
Partner
Blake, Cassels & Graydon LLP

Laura Cundari
Associate
Blake, Cassels & Graydon LLP

• The developing interconnection between administrative and aboriginal law
• Which Crown agency is doing consultation? Which agency is assessing consultation? How do you know?
• The impact of pre-existing legislation
• Case studies
• Strategies for project proponents to move forward under the new division of responsibilities

5:00

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

MAY 31, 2011

8:30

Continental Breakfast

9:00

Remarks from Insight Information

9:05

Co-Chair's Opening Address

Celeste Haldane, B.A., LL .B., LL .M. (Cand.)
Commissioner
BC Treaty Commission

9:15

Nacho Nyak Dun Mining Protocol – Aboriginal Self Government Mining Legislation

Merle C. Alexander 
Partner
Bull, Housser & Tupper LLP

Robin Longe
Associate
Bull, Housser & Tupper LLP

• Creating legal certainty through the self government of consultation
• Requirement for negotiation of IBAs prior to entering regulatory process
• First Nation as IBA party, consulted party and regulator
• Financial equity participation as legal requirement
• Minimum standards on key terms of IBAs
• Providing a single regulatory conduit for mining companies

10:30

Networking Coffee Break

10:45

Economic Development Bootcamp

Rob Miller 
Partner
Miller Titerle LLP

• Overview of different types of business vehicles
• Working with third parties as partners in business vehicles
• Key issues and case studies

Randy Munro 
Associate Partner
Deloitte & Touche LLP

• Tax considerations generally
• Tax treatment of different business vehicles

12:15

Networking Luncheon

1:00

Financing First Nations Projects

Barbara Hendrickson 
Miller Titerle LLP

• Aboriginal rights and title – legal context
• Economic/cultural realities
• Negotiation strategies
• Manner of participation
• Participation structures
• Government programs

1:45

Effective Joint Venturing and Partnering

Paul C. Wilson 
Partner
Fasken Martineau DuMoulin LLP

• Negotiating a project joint venture
• Understanding key joint venture concepts and provisions
• Dealing with the interests of multiple and minority venturers
• Financing and implementing the joint venture project

2:30

Redesigning the New Relationships

Tony Knox 
Barrister & Solicitor, Arbitrator
KNOX & Co.

• SCC jurisprudence and reconciliation as a doctrine of the Canadian constitution
• Legal and social reconciliation: intimately related but fundamentally different - a global perspective
• New Relationships generally - legal and social faces - government confusion
• The federal new relationship
• The B.C. new relationship
• The Ontario new relationship
• The Alberta, Saskatchewan and Manitoba continuing old relationships
• The lessons from the federal and provincial experiences of new relationships
• The impact on new relationships of the failure of Canadian governments to advance legal reconciliation through administrative schemes

3:15

Networking Refreshment Break

3:30

Consultation – Recent Case Law Update and Implications

Clifford G. Proudfoot 
Partner
Lawson Lundell LLP

• Past grievances
• Damages
• Administrative decision making processes

4:15

Practical Tips for Undertaking Consultation for and with Regulatory Processes

Katey Grist
Associate
Fasken Martineau DuMoulin LLP

• How to complement Crown consultation in the regulatory process
• How to structure consultation to ensure it reaches a conclusion, especially where the regulatory process does not have a structured timeline
• How to make sure a proponent's consultation is considered by the regulator

5:00

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
• 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,

2010 was a year which saw further changes in the field of Aboriginal Law. The leading experts speaking at this Insight Information conference will provide you with a valuable update on the most recent developments in Aboriginal Law. The 8th Annual WESTERN CANADA ABORIGINAL LAW FORUM will cover a range of important topic areas from Consultation and Accommodation to Labour Relations as it relates to First Nations, to Canada?s adoption of the UN Declaration on the Rights of Indigenous People and its potential impacts on Canada?s First Nations moving forward. This conference will also include recent updates in the Specific Claims Process and the New Specific Claims Tribunal. Finally, this conference will also provide you with valuable information regarding Economic Development and Self Government.

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, allowing you to ask questions and have questions answered by the guest speakers. You will also receive take-away materials prepared by the guest speakers which will serve as 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. Don't miss this opportunity!

We look forward to your participation,

R. Lee Francoeur
Barrister & Solicitor
Francoeur Law Office

Celeste Haldane, B.A., LL .B., LL .M. (Cand.)
Commissioner
BC Treaty Commission

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 PARTNER

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.