Aboriginal Law Conference 2022

Course Date: November 25, 2022

Full Course Materials
Total: 5h 59min
Total Ethics: 1h

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

Teresa Sheward Program Lawyer, CLEBC, Vancouver
Tumia Knott, spaləl̕First Peoples Law LLP, Vancouver
Dr. Bruce McIvorFirst 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 McKerracherLaw Clerk, Vancouver
Cody O'Neil
Articled Student, First Peoples Law LLP, Vancouver

BREAK (4:00 – 4:15)

Modern Land ClaimsPromise 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)