ABORIGINAL LAW and ECONOMIC
DEVELOPMENT FORUM

Here are eight of the key issues we will consider:

• Legal and policy developments in water safety
• Consultation and accommodation litigation developments across Canada plus a review of what Aboriginal communities expect in terms of consultation
• Metepenagiag First Nation – A plan for self sufficiency (case study)
• Treaty process: current challenges and potential solutions
• Updates on various legislative initiatives including First Nations Fiscal and
  Statistical Management Act
• Industry and Aboriginal joint ventures – best practices
• Strategies for effective financial negotiations and consultations as they relate to IBA’s
• Aboriginal tax planning for band and business management

PROGRAM CO-CHAIRS

Lynn Bernard
Director General
Negotiations (East), Treaties and Aboriginal Government
Indian and Northern Affairs Canada

Jeffrey Slivocka
Chief Executive Officer, Membertou Development Corporation

KEYNOTE SPEAKERS

Chief Noah Augustine
Metepenagiag First Nation

Regional Chief Rick Simon 
National Assembly of First Nations

MARKETING PARTNERS

MEDIA PARTNER

Whether you’re involved in commercial activities, economic development, policy creation,
claim negotiations or litigation with or on behalf of Indigenous peoples, this conference is essential. Consider attending if you are:

• Chiefs, Leaders and Members of Aboriginal Communities and Associations
• Band Council Members, Officials and Managers
• Economic Development and
  Business Development leadership
• Federal and Provincial Government Officials and Employees
  (e.g. INAC, Dept. of Justice)
• Legal Counsel practicing Aboriginal, Environmental and Constitutional Laws
• Regulators and Environmental Policy Makers
• Business Developers and Entrepreneurs

• Environmental Managers and Consultants
• Academics specializing in Aboriginal, Environmental and Constitutional Law
• Negotiators and Mediators
• Senior Executives, Directors and Managers of energy, mining, fisheries, forestry, pulp and paper, oil & gas
  (natural resources firms)
• Consultants in natural resources and Aboriginal matters
• Aboriginal Policy and Affairs Advisors or Regulators
• Environmental, Aboriginal, Corporate, Commercial and Tax Lawyers

Dear Colleague,

We are pleased to invite you to Insight Information’s 2nd ABORIGINAL LAW and ECONOMIC DEVELOPMENT FORUM for Eastern Canada, where together we will explore possible solutions to pressing economic development and Aboriginal legal issues. Extensive attention will be focused on exploring new economic development strategies and tactics. This two day event will guide your community, professional practice or business organization to greater success.

The areas of Aboriginal law and business development are changing rapidly, making it challenging to assess legal liability and to make informed decisions and plans. We will review current and influential case law and important litigation, especially as it pertains to consultation, treaty, taxation, land and resource issues.

This forum will focus specifically on the obstacles to speeding up Aboriginal economic development. We will explore the role of Aboriginal leadership in ensuring that development remains constant, and the key actions the business community can take to move eastern Canada’s Aboriginal economic development forward, while concurrently maximizing business opportunities. We invite you to look at economic development options and find solutions together by:

• Deepening your understanding of priorities of industry and First Nation leadership
• Reviewing tax and corporate legislative and case law changes
• Analyzing new First Nation partnership models
• Assessing economic development success stories
• Exploring how strategic problem solving can improve Aboriginal economic development
• Learning about consultation, accommodation and negotiation strategies and tactics

Networking luncheons, informal breaks and question periods after each session will give attendees the opportunity to address questions and establish important industry contacts.

Yours truly,

Lynn Bernard
Director General
Negotiations (East)
Treaties and Aboriginal Government
Indian and Northern Affairs Canada

Jeffrey Slivocka
Chief Executive Officer
Membertou Development Corporation

Are you a First Nation, Inuit or Métis student enrolled in a post-secondary education program?
If so, we have exciting news for you: apply for one of Insight Information’s Aboriginal Student Bursaries and attend this conference free of charge.
To find out more or to apply call us at 1-888-777-1707 today!

WEDNESDAY | FEBRUARY 17, 2010

8:15 | 8:45

Registration and Coffee

8:45 | 8:50

Welcoming Remarks from Insight Information

8:50 | 8:55

Elder Invocation

8:55 | 9:05

Co-Chairs’ Opening Remarks

9:05 | 9:45

Aboriginal Economic Development in Atlantic Canada

Dr. Fred Wien
Adjunct Professor, School of Social Work
Dalhousie University

While sharp inequalities remain, there have been significant changes in the economic development prospects and outcomes experienced by Aboriginal people in Atlantic Canada. In this presentation, we provide:

• An overview of the Aboriginal people of Atlantic Canada
• An account of the major changes that have occurred in recent decades in the area of economic development
• An examination of some key issues that remain to be addressed
• Some examples of success stories from throughout the region

9:45 | 10:00

Networking Coffee Break

10:00 | 10:45

Governance Issues: Considerations for First Nations When Choosing Corporate Structures

D. Bruce Clarke
Partner
Burchell Hayman Parish

Dean Landry
Partner
PriceWaterhouseCoopers LLP

Unique governance considerations can arise for Aboriginal governments choosing to conduct business using traditional corporate business models. These considerations impact not only Aboriginal governance, but also the way in which industry can do business with Aboriginal people. This presentation will look at some of these considerations, including:

• How have the courts addressed the intersection of Aboriginal law with corporate business models?
• What are some effective mechanisms and procedures for incorporating Aboriginal governance models into corporate business models and discussions?
• What are some of the pitfalls to avoid when considering governance structures?

10:45 | 11:30

Metepenagiag First Nation – A Plan for Self Sufficiency

Chief Noah Augustine
Metepenagiag First Nation

Chief Augustine has taken his community to a level of growth where economic development and social programs flourish. He discusses some of the key business development strategies and best practices. Self sufficiency is the end goal. Here’s his vision of how it will be achieved:

• Critical planning elements for success; business development strategy
• Transformation of mentality; collecting the right ‘tools’ in your tool belt
• Taking advantage of your ‘niche’; the role of government
• Finding the right partners and maintaining common ground
• Best practices for business and economic development

11:30 | 12:15

Mines, Pipelines, Windmills and Hydro Electric Projects: What Types of Interests Can Be Obtained and Financed? A Title Insurer’s Perspective

Suzanne Leclair B.Comm LL.B
National Director, Commercial Services
First Canadian Title

• How to deal with uncertainty and lenders?
• Investing? What kind of interests can be obtained on First Nations lands?
• Advantages of available interests?
• What types of issues do lawyers and lenders worry about?
• What is title insurance, who can be insured and what types of issues can be covered?
• List of coverage for investors and their lenders on First Nation lands
• Examples of insured deals on First Nation lands

12:15 | 1:15

Networking Luncheon

1:15 | 2:00

Choosing the Right Business Structure for Your Community and Project

Sandra A. Gogal
Partner
Miller Thomson LLP

• First Nations and other Aboriginal communities doing business in their own capacity
• Joint ventures
• Corporations
• Trusts
• Limited partnerships and limited liability partnerships
• Métis Settlements – plus Métis agreements with industry or First Nations

2:00 | 2:45

How Working Together with Business and Community Partners Can Improve Small Business Opportunities (and Education) for Native Youth

Perry Chandler
Chief Executive Officer
InRich Community Business Development Corporations (CBDC)

The Unama‘ki Student Firewood Partnership is an example of how bring a number of business and community development groups together can have positive results in the community and for our Aboriginal youth.

Hear about:

• How in 2009 Chapel Island brought together a number of students who had been having challenges fitting into the regular school program, hired a teacher who then connected them with a number of partners to make this pilot business project a success
• The Unama’ki Student Firewood Partnership received the Nova Scotia Award for Innovation in Community Development September 2009

2:45 | 3:00

Networking Refreshment Break

3:00 | 3:45

First Nations Tax Commission Update

David Paul
Deputy Chief Commissioner
First Nations Tax Commission (FNTC)

One of the key objectives for the latest Annual Corporate Plan is to assist First Nations to achieve sustainable economic development through the generation of stable local (tax) revenues. Fifty-four First Nations are now able to collect property taxes under the First Nations Fiscal and Statistical Management Act (FSMA). This session will focus on:

• The benefits from the FSMA Act (for both First Nations and Industry)
• Case studies of implementation successes
• New developments
• FNTC partnerships

3:45 | 4:45

Aboriginal Tax Planning for Band and Business Management

Brenda Belliveau
Senior Manager
PriceWaterhouseCoopers LLP

Derek A. Simon
Associate
Burchell Hayman Parish

• Section 87 of the Indian Act: what it does and doesn’t cover
• Other tax exemptions available to bands, businesses and Aboriginal organizations
• Tax Planning: Strategies for minimizing taxes for your band or business
• Tax as a source of revenue for your band

4:45

Conference Adjourns for the Day

THURSDAY | FEBRUARY 18, 2010

8:45 | 9:00

Co-Chairs’ Opening Remarks

9:00 | 10:00

Strategies for Effective Financial Negotiations and Consultations as they Relate to IBAs

Eric L. Coombs
Partner
Gardner Coombs Winsor Coombs Chartered Accountants

The interplay between Impact and Benefit Agreements (IBAs) and the financial implications of how IBAs are negotiated including:

• Purpose of financial compensation
• Negotiating compensation arrangements
• Different approaches to financial compensation
• Examples of existing IBA agreements
• Are there any benchmarks?
• Should there be a common model?
• Structures of businesses formed arising from business opportunities under the IBA

10:00 | 10:15

Networking Coffee Break

10:15 | 11:15

Strategies for Successful IBA Negotiations

Gerry Kerr
Partner
Chignecto Consulting Group

Over the past two decades a number of Impact and Benefit Agreements (IBAs) have been established between industry and Aboriginal communities across Canada. While their specific content varies, typically they include provisions on royalties and/or profit-sharing, employment, wider economic development opportunities, and enhanced protection of environmental and socio-cultural amenities. This presentation serves to:

• Deepen understanding of First Nation positions
• Outline approaches to First Nation business and employment benefits
• Discuss how to ensure effective IBA implementation

11:15 | 12:00

Economic Development and the Treaty Process

Lynn Bernard
Director General, Negotiations (East), Treaties and Aboriginal Government
Indian and Northern Affairs Canada

Federal treaty process issues covered in this session include:

• How can the treaty process support economic development?
• What are the biggest challenges facing the treaty process?
• How might we overcome difficult issues?
• Status of Negotiations

12:00 | 1:00

Networking Luncheon

1:00 | 1:45

On-Reserve Water Quality: The Role of Law, Policy and Indigenous Governance Regimes

Dr. Constance MacIntosh
Associate Professor
Schulich School of Law, Dalhousie University

It is common knowledge that access to clean water, for drinking and personal hygiene, is a cornerstone of public health. It is also common knowledge that many First Nation drinking water systems are inadequate, and do not operate with a level of protection which compares with off-reserve communities. These compromised living standards persist despite years of studies, proposals and protocols, as well as copious federal investment. Professor MacIntosh will discuss some of the practical, political, legislative and jurisdictional reasons for why the situation persists, assess the strengths of the federal proposal for addressing these matters, and suggest where modifications may be necessary. The presentation will include information on the following:

• Current water quality conditions
• Current roles, responsibilities and protocols for drinking water on reserves
• Advice received from the Expert Panel on Safe Drinking Water for First Nations
• Recommendations from the Standing Senate Committee on Aboriginal Peoples
• The proposed legislative framework
• The engagement sessions with First Nations on the proposal
• Pressing issues which appear to be outside the proposed framework

1:45 | 2:30

Major Projects Management Office: A Year Later! Co-ordination of Federal Aboriginal Consultation on Major Resource Projects South of 60

John Pratt
Senior Legal Counsel
Natural Resources Canada, Major Projects Management Office (MPMO)

MPMO has overarching project management and accountability for major resource projects in the federal regulatory review process South of 60. The Office is focused on facilitating improvements to the regulatory system for major resource projects. They also ensure that Aboriginal Crown consultation requirements triggered by regulatory decisions are integrated to the greatest extent possible into the overall regulatory process. In this presentation the speaker will:

• Review new developments and where they are now
• Discuss how MPMO will expand on the mechanisms for the coordination and delivery of consultation being developed by the MPMO

2:30 | 2:45

Networking Refreshment Break

2:45 | 5:00

Consultation Developments across Canada

The area of Aboriginal consultation law is changing very rapidly, making it challenging to assess legal liability and to make informed decisions and plans. This panel will address the latest developments in the law as well as the pragmatic implications of consultation and best practice approaches. The panel will review current consultation developments in various industry sectors and cross Canada expansion of the practice.

Assembly of First Nations Perspectives on Consultation

Regional Chief Rick Simon
National Assembly of First Nations

Consultation practices, progress and rulings vary across Canada. Regional Chief Rick Simon will speak about the National Assembly of First Nations perspectives on Consultation and review best practices and provide recommendations.

Consultation/Accommodation Litigation Developments across Canada

Stuart C. B. Gilby
Associate
Burchell Hayman Parish

Naiomi Metallic
Associate
Burchell Hayman Parish

• Updates on consultation/accommodation litigation cases across Canada
• How to address key difficulties and challenges from the industry and First Nations perspective
• What is the “Duty to Consult”?
• Federal government Consultation guidelines
• In-depth review of key messages from consultation cases
• Provincial guidelines on Aboriginal consultation (Atlantic Canada, Quebec, other Provinces)
• Important Supreme Court of Canada decisions, focusing on how to address key difficulties and challenges from the industry and First Nations perspective
• Compensation for consultation: Who pays? What is reasonable? Fee schedules and more

Industry Response to Consultation

Stephen Lindley
Vice President, Aboriginal and Northern Affairs
SNC-Lavalin Inc.

• Do your company’s current consultation strategies measure up to current industry standards?
• What win-win strategies has industry implemented in the wake of recent Supreme Court decisions?
• How are other companies in industry implementing consultation?
• Corporate capacity
• How to ensure consultation is appropriate to the size of the development project
• What specific strategies and tactics are companies using?
• Managing project risk

What do Mi’kmaq Communities Expect in Terms of Consultation? Aboriginal Consultation as Relationship Building

Twila Gaudet
Consultation Liaison Officer
Kwilmuk Maw-Klusuaqn (KMK) Negotiation Office
Mi’kmaq of Nova Scotia

• Why consultation is important
• Understanding all parties viewpoints (assumptions, legacy of relations, community beliefs, industry commitment, perception of parties involved)
• Maintaining partnerships between industry and Aboriginal stakeholders
• What do industry executives need to know (key considerations) about Aboriginal groups before they begin the consultation process?
• How does the consultation process vary from one First Nations group to another?
• Mi’kmaq community expectations
• Industry best practices

5:00

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.