CLE Online

Welcome and Land Acknowledgement (9:00 – 9:15)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Tumia Knott, spaləl̕ — First Peoples Law LLP, Vancouver
Dr. Bruce McIvor — First Peoples Law LLP, Vancouver

Challenges and Opportunities for Economic Development and Collaborative Agreements (9:15 – 10:30)

Observations on Negotiating Financial Aspects of Benefits Agreements in the Resource Sector in BC and Alberta

Steve Graham, PEng, PGeo, CSAP, PhD — S. Graham Engineering and Geology Inc., Tsawwassen

Secured Financing in the First Nation's Context

• • LPs, LLPs, and tax implications

Drew Mildon — Woodward & Co. Lawyers LLP, Victoria & Whitehorse

Government to Government Agreements

• • reconciliation, government to government agreements, and collaboration pursuant to s. 6-7 of DRIPA

Saul B. Joseph — Clark Wilson LLP, Vancouver

BREAK (10:30 – 10:50)

Implementing Indigenous Jurisdiction (10:50 – 11:50)

UNDRIP, DRIPA, and Implementation Issues 

Tamara Napoleon — Miller Titerle Law Corporation, Vancouver

The Bill C-92 Reference: Indigenous Jurisdiction at the Supreme Court

• • the implications of the Quebec Court of Appeal decision and upcoming appeal at the Supreme Court in relation to the recognition and implementation of Indigenous Peoples' inherent law-making authority and the development of Aboriginal rights jurisprudence under s. 35 of the Constitution Act, 1982

Kate Gunn — First Peoples Law LLP, Vancouver

Questions & Discussion (11:50 – 12:00)

LUNCH with Featured Speaker (12:00 – 1:30)

Truth, Art, and Reconciliation (12:45-1:15)

Daniel R. Elliott — Artist, Cultural Worker, and Counselor, Stz'uminus First Nation, Nanaimo

Current Issues in Aboriginal Title Litigation (1:30 – 2:30)

The Admissibility of Oral History Evidence

• • recent Cowichan Tribes et al. v. Canada (Attorney General) decision wherein Musqueam successfully defended an application seeking a ruling that their witnesses' oral history evidence was largely inadmissible

Aaron Wilson — Mandell Pinder LLP, Vancouver

Some Radical Predictions About Future Aboriginal Title Litigation

• • future cases might not take forever, or cost a fortune
  • evidence from community members may not always be necessary
  • anthropological evidence might be less helpful than it seems
  • the Indian Act may be more helpful than it seems
  • DRIPA and UNDRIP may be no help

Jack Woodward, KC — Barrister and Solicitor, Campbell River

BREAK (2:30 – 2:45)

Legal Decolonizing Initiatives (2:45 – 3:25)

Indigenous Mediation and Negotiation Centre

Chrystie Stewart — Stewart & Springford LLP, Kamloops

The Role(s) of Law Reform in implementing the Declaration on the Rights of Indigenous Peoples Act

Introducing BCLI as BC's independent law reform body: our strengths, methods, and outputs

• • how both legal frameworks and approaches to law reform are impacted by the Declaration Act

Some ways we're starting to meet this moment

• • establishing the Reconciling Crown Legal Frameworks Program
  • opening to Indigenous law in active projects: parentage, substitute decision-making in healthcare, local government public hearings
  • drafting informational Reconciliation Primers 

Further progress, further questions

• • deepening public and practitioner familiarity with working in legally plural contexts
  • how legal pluralism is shaping our own methods and outputs

Karen Campbell — Executive Director, BC Law Institute & Canadian Centre for Elder Law, UBC, Vancouver

Decolonizing the Legal Profession (3:25 – 4:00)

The Need for Indigenous Benchers: The Complicated History of Indigenous People and the Law Society

Christina J. Cook — Insurance Lawyer, Vancouver

How the JD/JID Program Can (Re)Shape the Legal Landscape: Recent Graduates from the UVIC Joint Degree Program

• • how my legal education taught me to think about law as a pluriverse
  • what my legal education taught me about ethics and professional conduct
  • un-othering the Indigenous in the legal landscape

Carolyn Belleau — Articling Clinician, Everyone Legal Clinic, Williams Lake
Kelty McKerracher — Law Clerk, Vancouver
Cody O'Neil — Articled Student, First Peoples Law LLP, Vancouver

BREAK (4:00 – 4:15)

Modern Land Claims—Promise and Reality (4:15 – 4:55)

The Deline Got'ine Experience: Lessons Learned and Current Challenges

Ɂekw’ahtı̨dǝ́ (Chief) Danny Gaudet — Délın̨e K’aowedo Ke, Délı̨nę Got’ı̨nę Government, Délı̨nę, NT
Ɂekw’ahtı̨ Raymond Taneton — Délın̨e K’aowedo Ke, Délı̨nę Got’ı̨nę Government, Délı̨nę, NT

K'ahsho Got'ine Self-Government Negotiations

• • the Sahtu Dene and Metis Comprehensive Land Claim Agreement
  • barriers to progress in our self-government negotiations and other rights issues
  • amendments to create consistency with evolving federal policy and UNDRIP
  • our proposed path forward

Daniel T'seleie — Chief Negotiator, K'ahsho Got’ı̨nę, Fort Good Hope, NT

Closing Comments (4:55 – 5:00)