Aboriginal Law Conference 2013

Course Date: October 16, 2013

Total: 3h 3min

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, Vancouver
Thomas F. Isaac — Osler, Hoskin & Harcourt, Calgary
Melissa 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, Vancouver
Cheryl Sharvit — Mandell Pinder LLP, Vancouver 
Glen 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, Vancouver
Paul E. Jaffe — Barrister & Solicitor, West Vancouver
John H. Russell — Department of Justice Canada, Vancouver
Closing Questions and Discussion