| The Agenda |
| 9:00 |
Welcome and Introduction |
Arthur C. Pape l Pape Salter Teillet |
 |
| New Law on Consultation |
| 9:10 |
The Parameters of Meaningful
Consultation: Putting It All Together |
Arthur C. Pape
l Pape Salter Teillet
Professor Lorne Sossin l Faculty of Law,
University of Toronto
|
- How early do you have to consult?
- Ka’a Gee Tu First Nation v. Paramount
- Further refinement on the definition of “meaningful consultation”
- Capacity issues
- Little Salmon/Carmacks First Nation v. The Government
of Yukon
- When will consultation be required on the part of the Crown even where there is an existing treaty?
- Environmental assessment and the consultation process
- What duties arise in the face of overlapping claims?
|
|
| 9:50 |
Questions and Discussion |
|
| 10:00 |
What Happens When Consultation
Goes Wrong? |
Maria A. Morellato l Blake, Cassels & Graydon LLP
Paul J. Pearlman, Q.C. l Fuller, Pearlman, McNeil |
- Presenting a coherent and strong evidentiary case at
the negotiating table
- Identifying accommodations that work
- Discussion of Platinex and the court’s jurisdiction to actively supervise and facilitate consultation
- Funding – what do reasonable costs include? What is the role
of government? Of industry?
- Recent developments in approaches to accommodation in forestry cases
|
|
10:40 |
Questions & Discussion |
|
10:50 |
Refreshment Adjournment |
|
| Land Claims and Self-Government Agreements |
| 11:10 |
The Nisga’a Agreement - What Is It Like to Work and Live Under a Modern Treaty |
James R. Aldridge, Q.C. l Rosenbloom & Aldridge |
- Background on the scope of the agreement – Land claims
and self-government
- Some of the successes of the agreement
- Some of the current challenges
- What would be done differently if the agreement was
being negotiated today?
|
|
11:50
|
Questions and Discussion |
|
12:00 |
Luncheon Adjournment |
|
| Calculating Damages |
1:30 |
The Calculation of Damages:
Overview and Recent Changes |
Charlotte A. Bell, Q.C. l Department of Justice
Robert J. M. Janes l Cook Roberts LLP
|
- Overview and explanation of the major factors in
calculating damages
- What has changed – understanding Whitefish
- When will Whitefish apply?
- Interest versus damages – the role of compound interest
- What are the contingencies?
|
|
2:10 |
Questions and Discussion |
|
| Truth and Reconciliation |
| 2:20 |
Residential School Settlement Update |
Robert Watts l Truth and Reconciliation Commission
Robert J. M. Janes l Cook Roberts LLP |
- Update and new developments
- Will the truth and reconciliation process work?
- Can the real expectations of Aboriginal people be met?
|
|
| 3:00 |
Questions and Discussion |
|
| 3:10 |
Refreshment Adjournment |
|
| New Directions for Specific Claims |
| 3:30 |
The New Specific Claims
Independent Tribunal |
Robert Winogron - Invited l Department of Justice
Clarine (Clo) Ostrove l Mandell Pinder
|
- What can be expected?
- How will this tribunal impact on the resolution of specific claims?
- When can we expect these changes?
- Potential problems in the proposed legislation
- Examining specific claims that go beyond monetary damages
|
|
4:10 |
Questions & Discussion |
|
4:20 |
Chair's Closing Comments |
|
4:30 |
Conference Concludes |
|
