CLEBC - Courses On Demand

Aboriginal Law Conference 2011

Course Date: June 3, 2011

Course Agenda ▼

Welcome and Introduction

Recent Decisions at the SCC and the Implications

Rio Tinto Alcan Inc., BC Hydro v. Carrier Sekani Tribal Council (decided October 2010)
Beckman v. Little Salmon/Carmacks First Nation (decided November 2010)
Standing Buffalo v. Enbridge Pipelines Inc. (leave to appeal denied December 2010)
In the fourth quarter of 2010, the SCC issued decisions in a number of major Aboriginal law cases that all involved consideration of the adequacy of consultation untaken in respect of a government administrative decision making process
In the wake of the Haida, Taku, and Mikisew decisions, a major forum for Aboriginal issues has become administrative processes as it is frequently in this context that the Crown is “contemplating conduct” that may potentially affected an Aboriginal group's interest
With these decisions, the Court has provided guidance on the interaction and co-existence of Aboriginal law and administrative law principles in these situations

Keith B. Bergner — Lawson Lundell LLP, Vancouver

Questions and Discussion

Advancing First Nation Economies Under the First Nations Fiscal and Statistical Management Act

understanding the purposes of the FSMA
learning the roles and functions of FSMA institutions supporting First Nation economic aspirations
tips and suggestions to assist First Nations to utilize the services of
- First Nations Finance Authority – providing access to capital markets for financing economic development for First Nations
- First Nations Tax Commission – assisting First Nations to raise local revenues on First Nation lands
- First Nations Financial Management Board – assisting First Nations to build effective financial management systems

Micha J. Menczer — Barrister & Solicitor, Victoria
Clarine Ostrove — Mandell Pinder, Vancouver
Bonita J. Thompson, QC — Singleton Urquhart, Vancouver

Networking Break

Advancing First Nation Economies Under the First Nations Fiscal and Statistical Management Act (cont'd)

Questions and Discussion

Trusts and the Economic Development Opportunities for First Nations

the legal background
drafting trust agreements for First Nations
use of trusts in economic development
various options to consider

James Reynolds — Mandell Pinder, Vancouver

Questions and Discussion

Lunch With Featured Speaker: "Ahousaht Indian Band v. Canada: The Status of Aboriginal Commercial Fishing Rights"

Matthew Kirchner — Ratcliff & Company LLP, North Vancouver

Addressing "Overlaps" in Aboriginal Traditional Territories

concepts of shared territory or “permissioned” territory
what is working and what is not working at negotiating tables with the Crown and First Nations in this regard: what needs to be changed
Crown’s obligation of due diligence: assessing strength of claim prior to engaging in land selection
implications of Haida
on addressing competing claims
ways of resolving “overlap” issues
importance of resolving “overlap” issues in the early stages of negotiations
the intersection of Crown obligations and First Nations efforts at resolution
moving forward in a new way
implications for First Nations not involved in the treaty process; how are they being impacted?

Commissioner Dave C. Haggard — BC Treaty Commission, Vancouver
Maria Morellato, QC — Mandell Pinder, Vancouver
Chief Councillor Les Sam — Tseshaht First Nation, Port Alberni

Questions and Discussion

Networking Break

Governance: Latest Developments