CLE Online

Welcome and Introduction

DEVELOPMENT AND ITS ENGINES

Indigenous Economic Development

• legal rights as economic assets (US and Canada) 
  • to lands and resources
  • to governance
• importance of culture in governance
  • Harvard Project on American Indian Economic Development
• importance of Indigenous jurisdiction in development

         Professor James Hopkins — National Aboriginal Economic Development Chair, 
         Faculty of Business/Faculty of Law, University of Victoria, Victoria

Questions and Discussion

What are the Engines for Economic Development?

Duty of Consultation and Accommodation

• what is the duty to consult and accommodate?
• how does the duty to consult and accommodate transform into economic development?
• why is the transformation of the duty to consult and accommodate into economic development important for First Nations, government and industry?

         Jennifer A. Duncan — McDonald & Company, Vancouver

Morning Break

What are the Engines for Economic Development? (cont'd)

Reserve and Other Lands

• legislation that promotes economic development
• First Nations Certainty of Land Title Act
• Nisga’a Landholding Transition Act
• Sechelt Indian Band Self-Government Act
• First Nations Land Management Act

         Jean Yuen — Boughton Law Corporation, Vancouver

Treaty Land Entitlement and Specific Claims Interests

• policy overview/process
• status of claims in British Columbia
• impact of Specific Claims Tribunal Act
• claims as drivers of economic development
  • land settlements/TLE and additions to reserve
  • cash settlements/trusts
• challenges/moving forward
  • experiences in other jurisdictions

         John W. Gailus — Devlin Gailus, Victoria

Increased Land Development Opportunities in the Context of an Urban Treaty

• overview 
  • highlights of treaty
  • lands transferred on effective date
    • Land Title Office process
  • overview of Tsawwassen jurisdiction
       
• TFN laws and regulations
  • land use plan
• TFN economic development corporation
  • background, including legal issues and considerations
  • what does the TEDC do and how?
  • unique features that drive economic development
• Tsawwassen free simple interest holders
  • attracting business

         Tina L. Dion — Tsawwassen First Nation, Tsawwassen

Questions and Discussion

Lunch (on your own)


Optional Lunch Session: "Ethics"

Gavin H.G. Hume — Fasken Martineau DuMoulin, LLP, Vancouver

STRUCTURES AND IMPLEMENTATION

Governance and Business Development

• First Nations economic empowerment
• First Nations company structure and accountability
• TNDC experience and operations
• separation of business from politics
• using incremental agreements
• building effective business partnerships
• dividends for community betterment
   
  Cynthia Callison — Callison & Hanna, Vancouver
  Garry Merkel —  Chairman, Tahltan Nation Development Corporation (TNDC), Dease Lake

Tax and Legal Structures

• use of Section 149(1) of the Income Tax Act
• limited partnerships
• limited liability partnership
• joint ventures
• taxable corporations
• non-taxable corporations

         Bill S. MacLagan —  Blake, Cassels & Graydon LLP, Vancouver

Questions and Discussion


Afternoon Break

Coordinating Business and Wealth Management for Development

• First Nations wealth management tools (trusts, endowments, foundations)
• conflicting interests among business, government and community development
• struggles toward the end game: "community development"

         Michael J. McDonald — McDonald & Company, Vancouver

Questions and Discussion