CLE Online

Welcome and Opening Prayer

Legal and Case Law Update

• Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 36, re: restrictions on taxation on leased reserved lands
• Canada v. Williams Lake Indian Band, 2016 FCA 63, re: fiduciary duty in pre-Confederation specific claims
• Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, re: Metis and non-status Indians under s.91(24)
• First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2, re: funding of on-reserve child welfare services
• Gitxaala Nation v. Her Majesty the Queen, 2016 FCA 187, re: consultation and accommodation
• Tsleil-Waututh Nation v. Canada (National Energy Board), 2016 FCA 219, re: consultation and accommodation
• Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34, re: consultation and accommodation

Isabel Jackson — Department of Justice, Vancouver
Roy W. Millen — Blake, Cassels & Graydon LLP, Vancouver
Kris Statnyk — Mandell Pinder LLP, Vancouver 

Questions and Discussion

Break

Indigenous Laws, UNDRIP and the Truth and Reconciliation Commission

• As a lawyer, what do you need to know about the essentials of Indigenous Law?
• As a practicing lawyer, what must you know about the United Nations Declaration on the Rights of Indigenous Peoples?
• How do Indigenous Laws and Legal Orders inform resolution of boundary disputes and impact property rights and titles holders?

Grand Chief Edward Akile Ch'oh John — First Nations Summit Society, West Vancouver
Ardith Walpetko We'dalx Walkem — Cedar and Sage Law Corporation, Chilliwack
Dr. Val Napoleon — Faculty of Law, University of Victoria, Victoria

Questions and Discussion

Lunch with Featured Speaker - Truth & Reconciliation Initiatives: The Law Society of British Columbia

Andrea Hilland — Staff Lawyer, Truth & Reconciliation Advisory Committee, Law Society of British Columbia, Vancouver

Economic Development in Every Sector: Navigating Challenges in Large Projects and Associated Regulatory Approvals

• perspectives on conflicting boundaries and territorial overlaps
  • history of the reserve creation process in British Columbia
  • historic treaty making in British Columbia
  • impact of the BC Treaty process
  • potential impact of the UN Declaration on the Rights of Indigenous Peoples
• governance issues
• property rights and title issues: talking with title holders
• First Nations engagement with the Port of Prince Rupert
  • the legal/jurisdictional underpinnings of the Canadian Port Authorities: how does a consultation obligation arise for the Port?
  • the nature of Port activities/decisions that give rise to a duty to consult
  • how the Prince Rupert Port Authority, working with other Crown "Actors", has sought to appropriately deal with consultation in the context of both major projects and daily decisions
  • how difficult issues, like overlapping claims, have been dealt with in the Port of Price Rupert: ways to move beyond formulaic consultation and accommodation discussions to broaden economic participation
  • port governance opportunities for First Nations

Douglas R. Eyford, QC — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver                                  
Ernie L. George — Director, Treaty Lands and Resources, Tsleil-Waututh Council, North Vancouver
Andrew P. Mayer — Vice President, Commercial and Regulatory Affairs & General Counsel, Prince Rupert Port Authority, Prince Rupert

Questions and Discussion

Break

Keynote Address: The Honourable Jody Wilson-Raybould, PC, QC, MP — Minister of Justice and Attorney General of Canada, Vancouver

Aboriginal Interests and Mining

• UNDRIP and access to land
• Aboriginal participation in the mining cycle
• changes to the BC Mining Code
• update from Xatsull (Soda Creek) First Nation on Mount Polley Mine
  
  Nalaine Morin — ArrowBlade Consulting Services, Vancouver
  Bev Sellars — Chair, First Nations Women Advocating for Responsible Mining (FNWARM), Williams Lake
  Charles F. Willms — Fasken Martineau DuMoulin LLP, Vancouver

Questions and Discussion

Closing Comments