Aboriginal Law Conference 2016


Course Date: November 25, 2016

Total: 6h 5min

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 NapoleonFaculty 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. GeorgeDirector, 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