Aboriginal Law Conference 2021

Course Date: November 4, 2021

Full Course Materials
Total: 6h 20min
Total Ethics: 1h

Welcome and Land Acknowledgement (9:00 – 9:10)

Elder George Harris Stz'uminus First Nation

Opening Remarks: The UN Declaration on the Rights of Indigenous Peoples (9:10 – 9:25)

The Honourable David Eby, QC, MLA — Attorney General of BC, Minister Responsible for Housing, Victoria

UN Declaration on the Rights of Indigenous Peoples: Federal and Provincial Legislation (9:25 – 10:20)

  • Implementing UNDRIP in BC and Canada: upholding Indigenous human rights
    • federal and BC provincial legislation to implement UNDRIP: what are the elements critical to the successful implementation of the UNDRIP as now required by legislation?
    • thoughts from counsel to the First Nations Leadership Council

Merle Lagax'niitsk Alexander, QCMiller Titerle Law Corporation, Vancouver
Stacey M. Edzerza FoxMorgan & Associates, West Vancouver
Dr. Mary Ellen Turpel-Lafond/Akikwe, QCSenior Associate Counsel, Woodward & Company Lawyers LLP, Victoria

BREAK (10:20 – 10:35)

The UN Declaration on the Rights of Indigenous Peoples and Governance (10:35 – 11:35)

  • The UNDRIP, governance, and nation-rebuilding
    • mechanisms and approaches to implementing UNDRIP
    • systemic and administrative challenges
    • moving beyond the Indian Act and efforts to implement rights as part of nation rebuilding

Tim Raybould, PhDThe KaLoNa Group, Quathiaski Cove

  • How Haíɫzaqv (Heiltsuk) has expressed self-governance and the United Nations on the Declaration of Indigenous Peoples
    • Haíɫzaqv's reclamation of self-governance through Gvilásdmalas Haíɫzaqv (Building our Constitution)
    • Haíɫzaqv's recent Haílcístut (Reconciliation) Agreement
    • Haíɫzaqv's environmental assessment process following the Nathan E. Stewart Oil Spill (including our initial Investigation Report and our Dáduqvḷá qṇtxv Ǧvíḷásax Adjudication Report)
    • Haíɫzaqv's efforts to create a world-leading marine safety system through the establishment of an Indigenous Marine Response Centre

Chief K̓áwáziɫ Marilyn SlettPresident of Coastal First Nations, Chief Councillor, Heiltsuk Tribal Council, Bella Bella

BREAK (11:35 – 11:50)

Negotiating Agreements to Achieve the Ends of the UN Declaration on the Rights of Indigenous Peoples (11:50 - 12:50)

  • Government-to-government agreements: comparison of elements across agreements and how the UNDRIP is addressed

Deborah L. CurranAssociate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, UVIC, Victoria

  • Recrafting BC's Interim Benefits Agreements for a post-colonial relationship: a practical review of BC's "Reconciliation" Framework Agreements, offering UNDRIP- consistent alternatives
    • a review of selected provisions in contemporary agreements expressing colonial attitudes
    • suggested UNDRIP-consistent provisions for First Nations—BC agreements

Dr. Millie Nickason, MPA, BA — Barrister & Solicitor, Nanaimo

LUNCH (12:50 – 1:30)

The UN Declaration on the Rights of Indigenous Peoples and Natural Resources (1:30 – 2:30)

  • Reconciliation in the forest sector and the potential to incorporate the articles of the UNDRIP as a toof for advocacy
    • for many Nations, the outcome of the current forestry and old growth debate and protests will determine whether economic, cultural and spiritual reconciliation is even possible
    • the inherent right of Nations to self-government is once again under challenge by those who wish to decide what is best for Nations and their people
    • practical strategies used by Nations to maintain or re-acquire decision making authority over forestry within their Territory and the important role that UNDRIP can play
    • reference will be made to the BC Intentions Paper, the Fairy Creek protests, and the Huu-ay-aht acquisition of a 35% interest in TFL 44 to illustrate practical strategies

Rob Botterell/Naacaɫuk — Botterell Law Corporation, Pender Island

  • UNDRIP and Indigenous sacred sites
    • current trends in Indigenous Protected and Conserved Areas (IPCAs) and the potential to incorporate the articles of the UNDRIP as a tool for advocacy
    • why sacred sites are important
    • brief review of past cases in BC courts
    • a couple of good news stories—Ktunaxa and Saulteau
    • UNDRIP—Preamble, Articles 11, 12, 25, 32, 34
    • the BC Heritage Act and the DIPRA Action Plan
    • looking beyond BC and Canada—some examples of international processes

James HicklingHickling Harrison Law, Vancouver

  • How BC's mining and mineral tenure laws are inconsistent with s. 35(1) of the Constitution Act, 1982 and UNDRIP, which both BC and the federal government have now purported to enshrine in law
    • engaging UNDRIP through DRIPA
    • mining legislation inconsistencies with UNDRIP
    • the "Dirty Dozen" mines with a focus on the Yellow Giant mine

Lisa C. Fong, QCNg Ariss Fong, Lawyers, Vancouver
Ruben TillmanNg Ariss Fong, Lawyers, Vancouver

BREAK (2:30 – 2:45)

The UN Declaration on the Rights of Indigenous Peoples and Cross Border Issues (2:45 – 3:35)

  • International Treaty Negotiations and Reconciliation: a case study that explores how three Indigenous Nations are working to implement the UN Declaration through participation in the Canada—US negotiations to update and modernize the Columbia River Treaty

Tim HowardTim Howard, Barrister & Solicitor, Roberts Creek
Nathan MatthewSecwepemc Representative to the Columbia River Treaty Negotiations, Barriere

  • American First Nations' Aboriginal rights in Canada: unpacking the implications of the Supreme Court of Canada's decision in R. v. Desautel

Chris RoineBorden Ladner Gervais LLP, Vancouver
Heidi RolfeBorden Ladner Gervais LLP, Vancouver

BREAK (3:35 – 3:50)

Compensation and Redress: Case Law Update (3:50 – 4:50)

  • Developments in the law concerning equitable compensation for Crown fiduciary duty breach in Canadian Law. UNDRIP Art. 28 speaks to just, fair and equitable compensation. What policy and mandate shifts are required to implement recent caselaw and ensure just, fair and equitable compensation for breaches of the Crown's fiduciary duty towards Indigenous peoples?

Heather MahonyWoodward & Co. Lawyers LLP, Victoria

  • Overview of recent validated specific claims and compensation decisions of the Specific Claims Tribunal

Darwin I. HannaCallison & Hanna Law, Vancouver

  • the Southwinds decision and UNDRIP—redress and compensation

Dr. Bruce McIvorFirst Peoples Law, Vancouver

Closing Comments (4:50 – 5:00)

Leah Sisi-ya-ama George-WilsonMiller Titerle + Co., Vancouver
Melissa Kahahxstahlas LouieIn-house Legal Counsel, Musqueam Indian Band, Vancouver