CLEBC - Courses On Demand

Aboriginal Law Conference 2023: Self-determination and Self-governance

Course Date: November 24, 2023

Full Course Materials

Total: 5h 17min

Total Ethics: 35min

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

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Elder Dennis Joseph — Squamish Nation
Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

Uncharted Waters: Indigenous Rights and Marine Spaces in Canada (9:15 – 9:55)

the status of the law in Canada regarding Indigenous rights and marine spaces
recent decisions in Ontario and BC on the issue of Aboriginal title and submerged lands
opportunities to address challenges and uncertainties associated with the recognition of Indigenous rights to coastal areas and other marine spaces

Kate Gunn — First Peoples Law LLP, Vancouver

Indigenous Water: Relationships, Responsibilities, and Rights (9:55 – 10:35)

public expressions of Indigenous water laws—declarations and standards
exercising relationships with and responsibilities to water within territories—new legal processes
Water Sustainability Plans as one expression of water reconciliation
case law influencing new approaches

Deborah L. Curran — Professor, Faculty of Law and School of Environmental Studies; Executive Director, Environmental Law Centre, UVic, Victoria

BREAK (10:35 – 10:50)

Harnessing the Power of Indigenous Protected and Conserved Areas (IPCAs): A New Dawn in Reconciliation and Conservation (10:50 – 11:30)

compare and contrast settler/colonial conservation models with IPCAs, with a focus on how Indigenous sovereignty, governance and authorities are addressed in each approach
discuss financial mechanisms for ensuring the long-term sustainability of IPCAs, highlighting NWT IPCAs and the recent NWT PFP model as a landmark in Indigenous-led conservation
highlight key challenges and opportunities, including Canada's 30% by 2030 goal, and the revolutionary impact IPCAs are having on governance, stewardship and reconciliation in conservation

Nick Leeson — Woodward & Company Lawyers LLP, Victoria (presenting remotely)
Jacqueline Ohayon — LL.M. Candidate, UVic, Victoria

Questions & Discussion (11:30 – 11:45)

LUNCH (11:45 – 1:15)

Indigenous Self-determination and Governance: What's Legitimacy Got to Do with It? (1:15 – 1:55)

to give effect to Indigenous rights of self-government and self-determination in Canada, genuine recognition of Indigenous governments, jurisdictions, and legal orders is required
this requires significant changes to Indigenous-settler relations and institutions
legitimacy is critical to the effective functioning of governments and legal systems, particularly when societies are facing significant changes with uncertain outcomes
this presentation will examine the nature and importance of legitimacy for governments and legal systems, including the cross-cultural differences and similarities in Indigenous and settler conceptions of legitimacy within the Canadian context
the analysis also identifies the factors that build or undermine legitimacy in governments and legal systems, for Indigenous and settler societies in Canada
it offers useful insights into how we can build legitimacy within our own communities and negotiating teams, and recognize the legitimacy of each other

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

Indigenous Children and Families: Community Lawmaking and Child and Family Services (1:55 – 3:05)

community lawmaking and child and family services

Charlotte Weston — Student, Peter A. Allard School of Law, UBC, Vancouver

Indigenous laws and governance and the implementation of jurisdiction over child and family service
opportunities and challenges to the exercise of jurisdiction and self-governance

Crystal Reeves — Mandell Pinder LLP, Vancouver

BREAK (3:05 – 3:20)

R. v. Powley, Indigenous Self-determination, and the Rise of "Métis Denialism" (3:20 – 4:00)

the content, effect, use, and enduring impact of R v. Powley
the rise of Métis denialism and the implications of a colonial legal approach to rights recognition
current conflict and the case for a human rights-based approach to resolution and reconciliation between First Nations and Métis

Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

Roundtable Discussion: Self-determination and Self-governance (4:00 – 4:30)

interconnections: how does it all link together?
how does development of law support forward movement?

Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver
Dr. Millie Nickason, PhD, MPA — Barrister & Solicitor, Nanaimo
Jacqueline Ohayon — LL.M. Candidate, UVic, Victoria