WESTERN CANADA
ABORIGINAL LAW FORUM

• Indian Status – Legal implications of amendments to the Status Provisions
• Mining revenue sharing agreement – latest developments
• Treaty Rights – Implications for modern land claim settlements and treaty process in BC, as well as historic Treaties
• Energy Consultation – BC energy projects in the shadow of the Carrier Sekani Case
• Administrative Tribunals – the law of judicial review as it relates to First Nations
• How First Nations can build source revenue through a property tax regime
• Specific Claims – Recent changes to policy and the introduction of the Specific Claims Tribunal Act
• Aboriginal consultation and accommodation in a multi-project setting: The Horn River Basin Case Study
• Current issues respecting Métis rights
• Climate change and First Nations carbon credit projects
• International human rights – UN protection of indigenous peoples’
• The property rights framework on reserve: land surveys, registration of rights and interests in land, land management
• The appeal of the limited partnership “Flow Through Vehicle” in First Nation Venture Structuring

PROGRAM CO-CHAIRS

Celeste Haldane, B.A., LL.B., LL.M. (Cand.)
Treaty Manager, Nuu chah nulth Tribal Council

R. Lee Francoeur
Partner, Maurice Law Barristers & Solicitors

KEYNOTE ADDRESS

Regional Chief Jody Wilson-Raybould, B.A., LL.B.
BC Assembly of First Nations

CLE Accreditation

This program has been approved by the Law Society of British Columbia for 11.25 hours.

This program has been approved by the Law Society of Saskatchewan for 11.5 hours and for 1 Loss Prevention Credit for the outgoing Loss Prevention Credit Program.

MEDIA PARTNERS

MARKETING PARTNERS

• 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,

2009 was another year of evolution in the field of Aboriginal Law. The leading experts speaking at this Insight Information conference will provide you a valuable opportunity to learn the latest developments in Aboriginal Law. This 6th Annual WESTERN CANADA ABORIGINAL LAW FORUM, will cover a range of important topic areas from the most recent decisions on Aboriginal Fishing Rights’ to the Inter-American Commission Decision of the Organization of American States in Washington D.C., to consultation and accommodation developments; to amendments to Indian Status and presentations on Treaty Rights. 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. Additionally, after each session there is an opportunity 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.

Celeste Haldane, B.A., LL.B., LL.M. (Cand.)
Treaty Manager
Nuu chah nulth Tribal Council

R. Lee Francoeur
Partner
Maurice Law Barristers & Solicitors

Tuesday, May 11, 2010

8:00

Registration and Coffee

9:00

Elder’s Opening Prayer and Welcoming Remarks from Insight Information

9:05

Co-Chair’s Opening Remarks

Celeste Haldane, B.A., LL.B., LL.M. (Cand.)
Treaty Manager
Nuu chah nulth Tribal Council

9:15

The Law and Social Licence

D. Anthony Knox
Knox & Co.
(Formerly Partner, McCarthy Tétrault LLP)

• The concept of social licence in social science
• Social science analysis and measurement
• Sustainability, transparency and the precautionary principle vs. corporate reputation
• Reputation risk as the source of social licence’s authority
• Social licence shaping the law
• Social licence confusing the law
• Management of social licence risk by businesses
• Use of social licence risk by “neighbours”
• Social and legal reconciliation derived from consultation processes

9:45

Indian Status – Amendments to the Status Provisions

Christopher Devlin
Devlin Gailus
Barristers & Solicitors

• The McIvor appeal in the BC Court of Appeal on residual sex discrimination in the status provisions of the Indian Act after the passage of Bill C-31 in 1985
• The dismissal of Twin v. Canada (Sawridge Band action against Canada over Bill C-31) by the Federal Court of Appeal (and dismissal of leave to appeal by the Supreme Court of Canada)
• The federal government’s response – the “McIvor” amendments due to be passed in April 2010
• Legal implications for status Indians and non-status Aboriginal people in Canada as well as membership in many Indian bands

Sharon McIvor, LLB, LLM
Aboriginal Law
Nicola Valley Institute of Technology (NVIT)

• The federal governments’ “McIvor” amendments to the status provisions of the Indian Act (section 6) are due to be passed in April 2010 – this will have implications for the number of status Indians in Canada as well as membership numbers in many Indian bands. In addition leave to appeal the Sawridge Band lawsuit against Canada over Bill C-31 was dismissed by the Supreme Court of Canada. There are also several Canada Human Rights cases in the system on the issue of Indian status being denied on the basis of sex discrimination. What does it all mean?

10:45

Networking Coffee Break

11:00

Consultation Updates

Mining – The New Mining Revenue Sharing Agreement

Dave Porter
Chief Executive Officer
BC First Nations Energy & Mining Council

• BC’s new mining revenue sharing agreement
• The new BC – Taku Tlingit management agreement
• West Moberly First Nations’ challenge to First Coal Corporation’s advanced coal exploration in BC Supreme Court on failure to consult over the treaty right to a sustainable harvest of caribou
• Updates on IBAs north of 60

Treaty Rights

R. Lee Francoeur
Partner
Maurice Law Barristers & Solicitors

The Little Salmon/Carmacks First Nation appeal to the Supreme Court of Canada on the issue of the extent of the Crown’s duty to consult in light of a modern-day land claims agreement will have huge implications for most modern land claim settlements and the BCTC treaty process in BC, as well as historic Treaties too. This presentation will provide a detailed analysis of these developments and the legal implications.

Energy Consultation

Roy Millen
Partner
Blake, Cassels & Graydon LLP

B.C. Energy Projects in the Shadow of the Carrier Sekani Case

• Independent power projects and other initiative that may be affected
• Potential overlap in judicial review
• Greenfield versus brownfield versus historical versus intangible developments
• Whither the role of the BC Utilities Commission?

Administrative Tribunals

W. Ming Song
Barrister & Solicitor
Songbird Law Corporation

This presentation will provide a history of the jurisprudence on the law of the judicial review process as it relates to First Nations and the impact of the recent Carrier Sekani Tribal Council decision on future strategies before administrative tribunals.

Building Own Source Revenue Through Property Taxation

Kathryn Deo
Barrister & Solicitor
Cedar Law

• Economic development is a key component of self-governance and is vital to building prosperity on reserve
• Learn how First Nations can build a property tax regime, increase their tax base, and leverage property tax revenues to further development on reserve

12:30

Networking Luncheon

1:30

First Nations and Environmental Processes

Josh Paterson
Staff Lawyer
West Coast Environmental Law

First Nations’ own environmental laws, tried and tested through millennia of resource management of their territories, are a critical source of wisdom and action to address today’s resource development and environmental challenges. A new way of thinking about environmental assessment could recognize these laws and involve First Nations as decision-makers while satisfying the duty to consult and ensuring that new projects are consistent with the principles of environmental stewardship and sustainability. The presentation will canvas:

• The concept of alternative First Nations environmental review processes for resource development projects, and government-to-government decision-making
• A methodology for identifying Indigenous environmental laws that can be communicated within federal and provincial decision-making processes

2:00

Specific Claims – Update and Review

Anik Dupont
Director General, Specific Claims Branch
Treaties and Aboriginal Government
Indian and Northern Affairs Canada

Specific claims, generally, are claims made by a First Nation against the federal government which relate to the administration of land and other First Nation assets and to the fulfillment of Indian treaties. Since 1973, the federal government has, pursuant to the Specific Claims Policy, pursued its preference to resolve specific claims through negotiated settlements. In June 2007, the Prime Minister announced “Justice at Last”, a response to criticism of the specific claims process. All elements of the “Justice at Last” initiative, including the key feature, the establishment of the Specific Claims Tribunal, have been implemented and measurable, positive results are being realized.

Jeffrey F. Harris
Partner
Myers Weinberg LLP, Winnipeg

The first incarnation of the specific claim process was slow, frustrating and expensive for both government and First Nations. Recent changes to the policy and the introduction of the Specific Claims Tribunal Act were expected to address these and other issues. But has the pendulum swung too far? Do the changes address the problems or create new ones?

• Are the time-lines for resolving claims fair?
• Are settlements being pursued at the expense of fairness?
• Is there an even playing field in the Tribunal process?
• Is the approach to claims over $150 million transparent?

3:00

Networking Refreshment Break

3:15

Aboriginal Consultation and Accommodation in a Multi-Project Setting: The Horn River Basin Case Study

Myron N. Barr
Peter Grant & Associates
Barristers & Solicitors
Counsel for the Fort Nelson First Nation

Waldemar(Wally)Braul
Partner
Fraser Milner Casgrain LLP

• Should the Crown consult with First Nations on a regional (not merely project-specific) basis?
• Should accommodation include regional planning?
• Are environmental assessment processes suitable venues for consultation and accommodation?
• Should region-wide traditional land use studies be conducted?
• Region-wide cumulative effects issues
• Interplay of federal and provincial environmental assessments and consultations
• The role of traditional land use studies in the assessments and consultations
• Recent decisions on consulting over Treaty 8 rights to hunt, fish and trap
• Recent (December 2009) land use planning agreements with certain Treaty 8 First Nations

4:15

Species-Specific Aboriginal Consultation and Accommodation

Tim Thielmann
Devlin Gailus
Barristers and Solicitors

• What are the Crown’s constitutional obligations to protect particular species of significance to Aboriginal peoples in Canada?
• Can Aboriginal or treaty rights to hunt, fish, or trap be defined as species-specific practices?
• Can Aboriginal or treaty rights which are not species-specific create obligations on the Crown particular to one or more species?
• What is the role of strategic land use planning and sustainable landscape management in light of the harvesting rights of Aboriginal peoples?
• What form should consultation and accommodation at operational stages take when land use planning or sustainable management practices are not yet instituted or have proved ineffective in protecting the sustainability of certain wildlife species?

5:00

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

Wednesday, May 12, 2010

9:00

Elder’s Prayer and Remarks from Insight Information

9:05

Co-Chair’s Opening Address

R. Lee Francoeur
Partner
Maurice Law Barristers & Solicitors

9:15

Current Issues Respecting Métis Rights

Catherine E. Bell
Professor, Faculty of Law
University of Alberta

• Review and comment on the Manitoba Métis Federation Land Rights Case
• Métis Harvesting Rights: Unresolved issues arising from the Powley Case
• Issues of identity and equality: The Charter to Alberta Métis Settlements

10:15

Networking Coffee Break

10:30

Keynote Address

Regional Chief Jody Wilson-Raybould, B.A., LL.B.
BC Assembly of First Nations

11:00

Climate Change and First Nations Carbon Credit Projects

Moderator
Rob Miller
Miller Titerle LLP

Introduction and Background

• The nature of an “environmental attribute” and its relationship to Aboriginal rights and title
• Types of carbon offset development projects
• Why carbon sequestration projects are a good fit for First Nations
• What value do First Nations partners offer a proponent?

Robb Miller
The Climate Law Group

Markets and Mechanics

• How an offset is created – standards and the validation/ verification process
• Biodiversity and Indigenous Peoples in global climate change negotiations
• Treatment of Biosequestration Projects under evolving provinical, national and international offset schemes
• Carbon Finance and the Conservation Economy – new challenges, opportunities, partnerships and collaboration

Wendy McKittrick
Legal Counsel
Legal Services Branch
Ministry of Attorney General, BC

Regulatory Perspective

• How the government is addressing carbon rights and First Nation rights
• Case study

Barbara Hendrickson
Vice President, Legal and Sustainability
League Assets Corp.
Learn. Earn. Live. Give.™

Project Finance in the First Nations Context

• Alterative financing structures
• Special due diligence issues
• Case study in the commercial real estate area

Dr. Robert Falls, R.P.Bio
Chief Executive Officer
ERA Ecosystem Restoration Associates, Inc.

Added Benefits Beyond Carbon for First Nation Forestry Carbon Projects

• Social, environmental, and economic benefits
• Case study

Dr. James Tansey
Associate Professor, Sauder School of Business
University of British Columbia
Chief Executive Officer
Offsetters Clean Technology

Lessons Learned to Date

• Carbon neutrality and the Olympics
• What have we learned in carbon markets thus far
• Case study

1:00

Networking Luncheon

2:00

International Human Rights – UN Protection of Indigenous Peoples Human Rights

Robert B. Morales
Chief Negotiator
Hul’qumi’num Treaty Group

• The Inter-American Commission Decision of the Organization of American States (OAS) in Washington, DC
• Backgrounder on OAS petition
• OAS process and OAS status

2:30

The Property Rights Framework on Reserve: Land Surveys, Registration of Rights and Interests in Land, and Land Management

Mitchell R. Taylor, Q.C. 
Senior General Counsel
BC Region
Department of Justice, Canada

• What legal duties do Band Councils and the Government have towards holders of certificates of possession
• What legal options and hurdles exist to economic development on reserve lands
• Ideas for land tenure on reserve – collective holdings, fee simple, the Tsawwassen model, the Nisga’a model – and the pros and cons of each

3:00

Networking Refreshment Break

3:15

The Appeal of the Limited Partnership “Flow Through Vehicle” in First Nation Venture Structuring

Malcolm P. MacPherson
Boughton Law Corporation

• How does the limited partnership differ from a general partnership
• The difference between the general partner and the limited partner
• The rights and duties of the general partner as compared to the limited partner
• Limited partnership formation requirements
• The preferential tax treatment of the limited partnership as compared to the corporation

3:45

Characterizing Aboriginal and Treaty Rights to Fish from Sparrow to Ahousaht

Dr. Douglas Harris
Associate Dean Graduate Studies & Research
Faculty of Law, University of British Columbia

• Analysis of judicially defined rights to food fisheries, commercial fisheries, and fisheries in support of a moderate livelihood
• Review of historic and modern treaty rights to fish
• Survey of Harvest Agreements, Comprehensive Fisheries Agreements, and other fishing rights without constitutional protection
• Discussion of Ahousaht v. Canada and other recent developments
• Challenges presented by the existing characterizations of fishing rights

4:30

Indian Title, the Victorian Treaties (Treaties 1 – 11; 1871 – 1921), and Treaty Federalism

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

The Crown recognized and affirmed pre-existing Indian sovereignty and Indian title within British North America via the Royal Proclamation of 1763. The foundations for Crown-Indian relations in Canada today are still governed by the principles established pursuant to the Proclamation. The negotiations and existence of the Victorian Treaties within Rupert’s Land and the Northwestern Territories emanate from the Proclamation. Canada claims that the Victorian Treaties led to the surrender of approximately 1/2 of the Canadian land mass. However, signatory First Nations disagree. There are subsisting unresolved Victorian Treaties related issues such as:

• Treaty interpretation and implementation post 1867
• The land surrender provisions of the Victorian Treaties
• The unfulfilled “outside” verbal treaty promises
• The adequacy of the written treaty guarantees for economic and livelihood sustainability in the 21^st century
• The deference by Canada and the provinces to the courts in lieu of negotiations to define constitutionally protected treaty rights post 1982
• The doctrine of treaty federalism as the basis for reconciliation, treaty implementation and the democratic inclusion of signatory First Nations as equal partners within Canadian Confederation

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.