UNDRIP in BC: Business Impacts and Opportunities 2020


Course Date: January 31, 2020

Full Course Materials
Total: 6h 1min
Total Ethics: 1h 10min

Welcome and Land Acknowledgement

Overview of UNDRIP and the Declaration of the Rights of Indigenous Peoples Act

  • legislation and consultation
  • plans and reports
  • agreements

Thomas Isaac — Cassels Brock & Blackwell LLP, Vancouver
Michael McDonald, QC — Clark Wilson LLP, Vancouver

Break

Energy, Oil and Gas

  • the Big Issue: "free, prior and informed consent" and "veto"
  • immediate effects of DRIPA and potential future changes
  • potential changes for oil and gas sector
  • current practices and whether they are consistent with UNDRIP

Keith B. Bergner — Lawson Lundell LLP, Vancouver
Dr. Judith Kekinusuqs Sayers — President, Nuu-chah-nulth Tribal Council; Adjunct Professor, School of Business and Environmental Studies, University of Victoria, Victoria

Forestry

  • challenges to implementing DRIPA within the existing forest policy framework: what needs to change
  • still seeking certainty or predictability? DRIPA in the context of commercial and other agreements with Indigenous peoples, Indigenous governing bodies, opportunities, and due diligence
  • Wuikinuxv Nation approach and progress

Alexander Chartrand — Wuikinuxv Treaty Political Negotiator, Wuikinuxv First Nation, Rivers Inlet
Angeline S.B. Nyce — A. Nyce Law Corporation, West Vancouver

Mining

  • granting claims and exploration: possible changes in land use planning and impacts on exploration
  • environmental assessment and permitting new mines:  UNDRIP, free, prior and informed consent, and the new Environmental Assessment Act
  • Indigenous community and proponent agreements: early trends and possible implications for Indigenous — proponent mining agreements
  • operations and oversight: new Indigenous role for project oversight and enforcement

Robin Sidsworth — Teck Resources Limited, Vancouver

Lunch with Featured Speaker

"DRIPA—A Significant Milestone on the Pathway to Reconciliation"
Robert Phillips, BA
 — First Nations Summit & First Nations Leadership Council of BC, West Vancouver

Infrastructure and Procurement

  • infrastructure projects and procurement opportunities
  • infrastructure on-reserve, municipal type service agreements and funding
  • challenges and possible DRIPA solutions

Chief Harley Chappell — Semiahmoo First Nation, Surrey
Adam Munnings
— Munnings Law, West Vancouver

DRIPA and Real Estate in BC

  • how does DRIPA impact real estate?
  • Crown lands, agents and funds impacts
  • municipal boundaries and Agricultural Land Reserve decisions impacts
  • "heritage" definitions expanded?
  • deal terms impacts: reps & warranties, conditions, indemnities

Sarah W. Jones — Clark Wilson LLP, Vancouver
Saul Joseph
— Clark Wilson LLP, Vancouver

Break

Financing and DRIPA

  • practical issues raised by DRIPA in debt and equity financing transactions
  • representations and warranties: what needs to change?
  • disclosure: what do public companies need to say?

Sam Adkins — Blake, Cassels & Graydon LLP, Vancouver
Steven McKoen, QC
—
Blake, Cassels & Graydon LLP, Vancouver

Implementation: Next Steps for DRIPA in BC

Michael McDonald, QC — Clark Wilson LLP, Vancouver
Adam Munnings
—
Munnings Law, West Vancouver