Aboriginal Law Conference 2013
Course Date: October 16, 2013
Aboriginal Law Conference 2013
Course Date: October 16, 2013
Welcome and Introduction
The Enbridge Hearings
- impacts of legislative changes during the Joint Review Panel review process: change in Joint Review Panel's role
- significance of adverse effects: Canadian Environmental Assessment Agency perspective vs. Aboriginal perspective
- challenges associated with lengthy review processes: evolving evidence
Jennifer Griffith — Donovan & Company, Vancouver
- changes to the National Energy Board Act and the Canadian Environmental Assessment Act and what that means to environmental assessment in Canada
- procedural issues that have arisen in the context of the Northern Gateway Pipeline Joint Review Panel technical hearings
- effective cross-examination of panels of experts: challenges, pitfalls, and opportunities
Timothy P. Leadem, QC — T. Leadem Law Corporation, Vancouver
- evolution of Crown consultation approach used for Northern Gateway Pipeline project
- utilization of environmental assessment and regulatory process to discharge functional elements of duty to consult and, if appropriate, accommodate Aboriginal interests
- challenges associated with linear, cross-border projects
Richard A. Neufeld, QC — Dentons Canada LLP, Calgary
Questions and Discussion
Networking Break
United Nations Declaration on the Rights of Indigenous Peoples
- which sections of the UNDRIP speak most directly to subjects dealt with within Canadian jurisprudence on Aboriginal and treaty rights (section 35 jurisprudence)?
- what gaps exist between the principles and ideals set out in the UNDRIP and the corresponding Canadian jurisprudence?
- how might any such gaps be closed?
- what is required for this to happen?
- meaning of “free, prior and informed consent”; what legal effect does the UNDRIP have in Canada and Canada’s qualified endorsement of the UNDRIP
Dr. Gordon Christie — Faculty of Law at Allard Hall, University of British Columbia, VancouverThomas F. Isaac — Osler, Hoskin & Harcourt, CalgaryMelissa Louie — Morgan & Associates, West Vancouver
Questions and Discussion
Lunch with Featured Speaker: “A View from the Bench”
The Honourable Lynn Smith, QC — Faculty of Law at Allard Hall, University of British Columbia, Vancouver
The Latest Agreements Between the Crown and First Nations: Treaty, Reconciliation Agreements, Bilateral Agreements, and More
- a review of the latest Reconciliation Agreements and other negotiation tables
- what is new at the treaty table?
- where are we at with revenue sharing and collaborative decision making?
- what is working and what is not at these various negotiation tables?
Dr. Roshan Danesh — President, Education for Peace Canada, Victoria
Peter Walters — Assistant Deputy Minister, Negotiations and Regional Operations Division, Ministry of Aboriginal Relations and Reconciliation, Victoria
Case Law Update
- the duty to consult, including Ross River (YKCA) and Halalt First Nation (BCCA)
- Honour of the Crown: an expansion?: Manitoba Métis (SCC)
- Aboriginal rights and title, including Tsilhqot'in (BCCA)
- Métis rights, including Manitoba Métis (SCC)
- the meaning of "Indian", including Daniels (FC)
- impact of the decision in Keewatin v. Ontario (Natural Resources) (OCA)
Keith B. Bergner — Lawson Lundell LLP, VancouverCheryl Sharvit — Mandell Pinder LLP, VancouverGlen R. Thompson — Ministry of Justice, Victoria
Joan M. Young — McMillan LLP, Vancouver
Questions and Discussion
Networking Break
Indigenous Self-Government and the Chief Mountain Case
- furthering reconciliation through treaty; the Federal and Provincial Crowns’ ability to justifiably infringe treaty rights
- there must be some limits to what governments can put in a treaty—what are these limits?
- should the court rule upon whether the self-government powers in a treaty are delegated vs. inherent Aboriginal rights?
- finding a “firm” legal foundation for the treaty right of self-government; respecting the treaty process in doing so
- 10-Year Procedural Work-Out
- future directions
James R. Aldridge, QC — Aldridge + Rosling, VancouverPaul E. Jaffe — Barrister & Solicitor, West VancouverJohn H. Russell — Department of Justice Canada, Vancouver
Closing Questions and Discussion
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