CLEBC - Courses On Demand

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Adam Munnings — Munnings Law, West Vancouver

Indigenous Equity Investments in Major Projects (9:10 – 9:55)

Indigenous equity investments in energy, natural resource, and other infrastructure projects offer industry proponents a valuable opportunity to align their interests with those of Indigenous communities, facilitating mutual benefits from such projects
Indigenous equity participation is becoming increasingly prevalent and presents unique challenges and considerations that differ from other co-ownership scenarios
acknowledging the diversity of Indigenous communities and their perspectives, we will address common priorities to be considered in relation to economic, environmental, and cultural interests of Indigenous communities
we will explore recent examples and trends across various industries, and delve into structuring considerations, transactional issues, best practices, and strategies for success
this comprehensive approach helps navigate the complexities and foster meaningful collaboration with Indigenous communities on projects and transactions involving Indigenous equity participation

Zachary Romano — Fasken Martineau Dumoulin LLP, Vancouver

Indigenous Economic Development in Canada: An Institutional Approach (9:55 – 10:40)

George Hungerford, CFA, CAIA — George N.F. Hungerford, Vancouver

BREAK (10:40 – 10:55)

Buying New Development Properties on Indigenous Lands (10:55 – 11:25)

Timothy J. Lack — Redpoint Law LLP, Vancouver

The Application of Provincial Laws to First Nation Lands (11:25 – 12:10)

the significantly increased pace and scale of developments on First Nation lands: many developers, lenders, construction companies, and other non-Indigenous businesses are keen to understand the regulatory context for these projects
key constitutional law issues: interjurisdictional immunity and paramountcy, and specific provisions of the Indian Act that factor into the analysis
review of existing caselaw: how the courts have interpreted the application of various types of provincial laws on First Nations Lands, including property taxation, residential tenancies, builders' liens, receivership, employment and labour, and other topics
Land Codes, modern treaties, and self-government agreements on the application of provincial laws on First Nation lands (the focus will be on BC, but with cases and examples across Canada)
advice for counsel of Indigenous governing bodies, Indigenous economic development corporations, developers, and lenders: the importance of understanding the concerns key stakeholders with respect to application of provincial laws on First Nation lands and strategies to address same

Chris Roine — Borden Ladner Gervais LLP, Vancouver
Claudia Wheler — Borden Ladner Gervais LLP, Vancouver

LUNCH (12:10 – 1:00)

Managing Key Assets: Lessons Learned from the Federal Additions to Reserve Process (1:00 – 1:40)

one of the key economic development assets for First Nations to manage is their land. In many cases, it is necessary to navigate the complex federal Additions to Reserve ("ATR") process to add land to existing reserves or create new reserves.
practical tips for initiating and completing that process
history and overview of legislation and policy
current work to redesign the ATR Policy
context of experience
your client wants to complete an ATR—what now?
- types of ATRs
- steps
- Canada's process
other considerations: Land Code

Allison J. Russell — Rana Law, Vancouver
Kassie K. Seaby — Rana Law, Vancouver

The New First Nation Land Governance Registry (1:40 – 2:10)

the First Nations Land Governance Registry ("FNLGR") aims to establish a First Nation-controlled, independent land registry for Operational First Nations under the Framework Agreement, as well as for participating Self-Governing First Nations
this session will address a broad range of topics related to the creation and management of on-reserve land interests, guided by modernized regulations and registry standards under the new FNLGR

Andrew Beynon — RC Director, Land Code Governance, First Nations Land Management Resource Centre, Sutton West

BREAK (2:10 – 2:25)

Aboriginal Title and Governance: Essential Links and Implications for Economic Development (2:25 – 3:10)

this presentation will review the nature of Aboriginal title, where it is found in Canada, who owns and holds it, the scope of governance rights that attach to Aboriginal title, and how that is reflected in Canadian law
Canadian law recognizes that Indigenous legal orders continue to determine Aboriginal title, rights to lands and resources, and jurisdiction: these legal orders predate and co-exist with Canadian law
we will review some sources of Indigenous law in Canada and how it determines rights to lands, resources and other valuable community and private property; and also determines the structures and processes of authoritative and legitimate collective decision-making for the Indigenous nation
Canadian law also recognizes the exclusive right of Indigenous peoples to govern their Aboriginal title lands, addressing a wide range of jurisdiction that covers economic development, land and resource management, etc. Canadian law protects both the right to govern and the choice of how to govern.
these issues are fundamental to governance and to economic development by and for the Indigenous peoples who hold title to their traditional territories and ancestral lands. Understanding this context can improve negotiations and the outcomes of economic development initiatives.

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

Achieving the Free, Prior, and Informed Consent Standard for Indigenous Members (3:10 – 3:40)

in accordance with the UNDRIP principle of free, prior, and informed consent, an Indigenous Nation owes a fiduciary duty to its members when considering a decision that may affect member rights and beneficial financial interests
through the implementation of FPIC, many Nations are negotiating and entering into economic inclusion agreements that are to "benefit" members
there are live legal issues and considerations regarding inclusion of members when the leadership are considering business, investment and expenditure decisions relating to own source revenues that are for the benefit of members
best practices and recent caselaw regarding the fiduciary duty of leadership, obtaining the "will" of membership to uphold the FPIC standard, application of the "no conflict" and "no profit" rules in dealing with Nation funds, including the disgorgement of meetings fees under Webb v. Genaille, 2023 BCCA 443

Darwin I. Hanna — Callison & Hanna Indigenous Advocates, Vancouver

Questions and Discussion (3:40 – 4:00)