Aboriginal Law Conference 2014

Course Date: November 13, 2014

Total: 6h 26min

Welcome and Introduction

Maria Morellato, QC — Mandell Pinder LLP, Vancouver
Pierre Lebel — Chairman, Imperial Metals Corporation, Vancouver

Implementing the SCC Decision in Tsilhqot’in: What’s Next?

  • reflections on “sufficiency of occupation” required to prove title: implications for future title negotiations and consultation and accommodation discussions
  • incidents of Aboriginal title: reflections on how the “right to pro-actively use and manage the land” may be implemented
  • when is consent required? what happens when it is not given?
  • the court’s new pronouncements on the nature of the Crown’s obligation to justify infringements: what are compelling legislative objectives that “further the goal of reconciliation”
  • how does the infusion of the factors of “proportionality”, “rational connection” and “minimal impairment” as part of the Crown’s fiduciary duty inform the Crown’s fiduciary duty to justify title infringements?

Patrick G. Foy, QC — Borden Ladner Gervais LLP, Vancouver 
Brian A. McLaughlin — Department of Justice, Vancouver
David M. Rosenberg, QC — Rosenberg Law, Vancouver

Networking Break

Case Law Update: Application and Implication of Latest Cases

  • jurisdictional issues related to Aboriginal title and treaty rights—Roger William and Keewatin 
  • consultation and accommodation issues—latest cases
  • specific claims—Kitselas, Williams Lake, and others

Isabel Jackson — Department of Justice, Vancouver
Clarine (Clo) Ostrove — Mandell Pinder LLP, Vancouver
Charles F. Willms — Fasken Martineau DuMoulin LLP, Vancouver

Lunch with Featured Speaker: "Resource Rulers"

Bill Gallagher — Lawyer/Strategist/Author, Waterloo

Legislative Amendments Update

  • what are some of the most important implications of recent and proposed legislative amendments for industry, government, and First Nations?
  • federal and provincial regulatory changes affecting interests in energy, mining and environment, water and fisheries, parks and forests
  • update on the new Family Homes on Reserves Act, which comes into force later this year

Karina Briño — President & CEO, Mining Association of British Columbia, Vancouver
Angela K. Cousins — Ministry of Justice, Victoria
James Hickling — Donovan & Company, Vancouver

Navigating Aboriginal and Environmental Issues in Large Resource Development Projects

  • regulatory processes for proposed oil and gas pipeline projects
  • making room for Aboriginal issues in the regulatory process
  • legal challenges to Northern Gateway Pipelines Project
  • navigating the review process

Brenda Gaertner — Mandell Pinder LLP, Vancouver
Jennifer Griffith — Donovan & Company, Vancouver
Richard A. Neufeld, QC — Dentons Canada LLP, Calgary

Networking Break

Navigating Aboriginal and Environmental Issues in Large Resource Development Projects (cont'd)

When to Litigate, When to Negotiate: Roundtable

Bill Gallagher — Lawyer/Strategist/Author, Waterloo
Isabel Jackson — Department of Justice, Vancouver
Pierre Lebel — Chairman, Imperial Metals Corporation, Vancouver
David M. Robbins — Woodward & Co. Lawyers LLP, Victoria
Brian J. Wallace, QC — Barrister & Solicitor, Victoria

Closing Questions and Discussion