Developments in Aboriginal and Indigenous Law 2024
October 22 & 23, 2024 at 9:00AM PST
Downtown Vancouver and Live Webinar
Developments in Aboriginal and Indigenous Law 2024
October 22 & 23, 2024
Overview
Discover the evolving landscape of Aboriginal and Indigenous law in Canada at PBLI’s annual conference covering the latest developments in this dynamic field. Staying informed is crucial for advisors to effectively support their clients whether they be First Nations, Indigenous individuals, businesses or provincial and federal government. Join us as we bring together leading experts who will delve into the latest developments in litigation, governance and economic development, offering practical insights and strategic guidance. This program is designed to equip you with the knowledge to navigate challenges and seize opportunities in the field of Aboriginal and Indigenous law. Don’t miss your chance—register today to ensure you’re prepared for what lies ahead.
Key Areas Addressed:
Litigation and landmark court decisions from the past year, including Dickson v. Vuntut Gwitchin First Nation, Shot Both Sides v. Canada and the C-92 Reference
The latest on UNDRIP implementation
New developments in Aboriginal title
Indigenous urban development
The structure and development of deals on Indigenous land, including an update on the Ring of Fire deal in Ontario
Who Should Attend:
Lawyers practising in the areas of Aboriginal law, administrative law, and business law
Aboriginal leaders, officials, councillors, elders, negotiators, administrators, and advisors
Owners, managers and representatives of resource development companies and companies operating on Crown land
Federal, provincial and municipal government officials and policy advisors
Consultants, accountants, financial planners, and others assisting First Nations with financial matters and business operations
Agenda
Day One - October 22, 2024
9:00 - Welcome by PBLI
9:05 - Chairs’ Welcome and Introduction
Bernd Christmas, KC
JFK Law
Robert J. M. Janes, KC
JFK Law
9:10 - The Charter and Section 25: Dickson v. Vuntut Gwitchin First Nations
Krista Robertson
Mandell Pinder LLP
Does the Charter apply to First Nations
How does section 25 work
What is the significance of section 28
Likely future issues and unintended consequences
10:10 - Questions and Discussion
10:20 - Refreshment Adjournment
10:35 - Ontario v. Restoule: Annuities, Fiduciary Duty, and Crown Decision Making
Brian Gover
Stockwoods LLP
Spencer Bass
Stockwoods LLP
What was decided
Whither the fiduciary duty
What constrains the Crown’s discretion
What is the role of the Court
What comes next
11:35 - Questions and Discussion
11:45 - Networking Lunch
12:45 - Negotiating Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
Claire Truesdale
JFK Law
What was decided
Recognition of self-government
Role of the UNDRIP Act
Paramountcy and referential incorporation
What comes next
1:45 - Questions and Discussion
1:55 - Refreshment Adjournment
2:10 - Declaratory Relief and Limitation Periods in the Supreme Court of Canada: Jim Shot Both Sides and Restoule
Robert J. M. Janes, KC
JFK Law
Kate Gunn
First Peoples Law
Do limitation periods apply?
Why is Ontario different?
What about the Division of Powers?
Why declaratory relief?
Redress and the UNDRIP Act
3:10 - Questions and Discussion
3:20 - Adding Indigenous Party Defendants in s. 35 Litigation
Mary Locke Macaulay
Mandell Pinder LLP
Malii v British Columbia, 2024 BCSC 1432 and Nisga’a Nation v Malii, 2023 BCCA 313
Aboriginal and treaty rights contexts
Considerations of access to justice, convenience, proportionality, and reconciliation
4:20 - Questions and Discussion
4:30 - Chairs’ Closing Remarks
4:35 - Forum Concludes for Day One
Day Two - October 23, 2024
9:00 - Welcome and Reflections on Day One
Bernd Christmas, KC
JFK Law
Robert J. M. Janes, KC
JFK Law
9:10 - Negotiating Self-Government Today
Robert Freedman
Aird & Berlis LLP
Tom McCarthy
Ministry of Indigenous Relations and Reconciliation
Self-government in modern day treaties
Self-government outside of treaties
Dealing with the Charter of Rights post-Dickson
Enforcement and adjudication
10:10 - Questions and Discussion
10:20 - Refreshment Adjournment
10:35 - Implementing UNDRIP After the UNDRIP Legislation
Sara Mainville
JFK Law
Where is implementation happening
What is the status of the UNDRIP Implementation Plans
What are the challenges
11:35 - Questions and Discussion
11:45 - Networking Lunch
12:45 - UNDRIP in the Courts: Gitxaala and the Role of the Courts in Advancing the Implementation of UNDRIP
Jeremy Barretto
Cassels Brock & Blackwell LLP
Ruben Tillman
Ng Ariss Fong
What did the Gitxaala case decide?
Where is it going?
How does UNDRIP affect discretionary decision making?
How can the courts use UNDRIP?
Should the courts have a role?
1:45 - Questions and Discussion
1:55 - Refreshment Adjournment
2:10 - Indigenous Economic Development in an Urban Setting
Sean Ruzicka
Nch'ḵay̓ Development Corporation
Sen̓áḵw and other Squamish projects
What are the opportunities and challenges
Engaging with local governments
Engaging with the public
Best practices
3:10 - Questions and Discussion
3:20 - Resource Development in an Era of Strategic Mineral Development
Bertha Rabesca Zoe
Tłı̨chǫ Government
Qasim Saddique
Suslop Inc.
Mining on Indigenous treaty and traditional lands
What is happening in the Ring of Fire: how is consultation being managed, the management of inter-Nation relations, increased pressure to develop
4:20 - Questions and Discussion
4:30 - Chairs’ Closing Remarks
4:35 - Forum Concludes
Meet the Co-Chairs
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Senior Counsel, JFK Law, Caledonia, ON
Bernd Christmas is a highly esteemed legal professional and advocate for First Nations across Canada, recognized for his extensive experience and unwavering dedication to his field. As of February 1, 2024, he has taken on the role of Senior Counsel at JFK Law. He is situated at JFK Law’s Six Nations office in Ohsweken, Ontario.
This latest career move follows an already illustrious career that has solidified his standing as a leading figure in Aboriginal law. Mr. Christmas’s journey in the legal profession began with his deep-rooted passion for Indigenous relations and reconciliation. His impetus has always been to deliver positive outcomes for the workforce, the communities, and the businesses he works with. With his lifelong career commitment to these issues, he has been instrumental in guiding businesses in developing Indigenous strategies that align with community interests and the broader business objectives.
As a consultant, Mr. Christmas has been an invaluable asset to numerous national and international corporations and government agencies. His expertise lies in building cultural understanding and forging strong partnerships with First Nations including the economic powerhouse that is his own community, Membertou First Nation. His insightful guidance and strategic thinking have helped Nations navigate the complexities of Indigenous relations and secure beneficial agreements. One of Mr. Christmas’s most notable skills is his ability to negotiate effectively. He possesses strong closing tactics and has shown remarkable success in overcoming challenges and mitigating risks. His adeptness in negotiation has not only driven superior business performance but also ensured long-term profitability for all parties involved.
Mr. Christmas is also a sought-after speaker, having presented nationally and internationally on creating Indigenous culturally sensitive business practices. His speeches are always well-received, reflecting his detailed understanding of Indigenous cultures and the need for businesses to respect and honor these traditions in their operations. In addition to his consulting work, Mr. Christmas has also made significant contributions to the field of Aboriginal law. He was formerly a partner at a renowned law firm, where he offered a full range of sophisticated business transaction, advocacy, and advisory services. His leadership in the firm’s Aboriginal law practice further underscored his expertise and commitment to Indigenous self-determination and wealth-creation.
Bernd Christmas’s career is the epitome of dedication to the cause of Indigenous people and their rights. His expertise, experience, and passion for the cause are an immense asset to JFK Law and will undoubtedly play a key role in shaping the firm’s approach to Aboriginal law and its relationship with the most progressive and innovative Nations as well as those that have tremendous opportunity and a need for a trusted navigator to set out strategic focus.
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Partner, JFK Law, Toronto, ON
Robert Janes has been a litigator for over twenty years and has extensive experience in assisting First Nations, Aboriginal people and others with difficult problems needing sound strategic and legal advice. Robert’s approach is to find practical solutions where possible, while preparing to vigorously advance his client’s interests in court where necessary.
Robert’s focus is serving the needs of First Nations, Aboriginal organizations and individuals and assisting others who have difficult constitutional or public law issues. His work in these areas builds on a broad portfolio of litigation experience in the courts across Canada, including cases in British Columbia, Ontario, Alberta, Yukon and in the Federal Courts system. Robert has appeared for appellants and interveners in the Supreme Court of Canada.
Robert assists his clients in a wide diversity of cases including those respecting Aboriginal title and rights, consultation and accommodation, environmental law and the interpretation and application of the Indian Act to bands and individuals. Robert has also appeared in cases that have clarified the operation of British Columbia’s land title system, changed the way that prisoners are subjected to solitary confinement in Canada’s prison system and defended the rights of people and companies charged with various criminal and regulatory offences.
Originally from Newfoundland, Robert came to British Columbia first in the early 1980’s to study at Pearson College. From there he studied across Canada until he obtained his law degree from the University of Toronto in 1991. Robert joined the bar of Ontario in 1992 and then practiced litigation with a major national law firm until he came to British Columbia in 1998. In 2009 Robert was part of the original group of owners who founded JFK Law Corporation and remains based in JFK’s Victoria office. Robert has been involved with a number of community organizations in Victoria, including serving on the Board of Trustees of Pearson College and the Boards of Directors of the Victoria Philharmonic Choir and the University of Victoria’s Environmental Law Centre. He is an active member of the Canadian Bar Association and frequently speaks on Aboriginal law and law related subjects.
Meet the Faculty
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Partner, Cassels Brock & Blackwell LLP, Calgary, AB
Jeremy Barretto (he/him/his) is a partner at Cassels and serves as Chair of the firm’s national Regulatory Law Group and Co-Chair of the Environmental, Social & Governance (ESG) Group. He has extensive regulatory, environmental, and Aboriginal law experience. Jeremy frequently represents proponents in obtaining approvals and negotiating agreements for resource development projects across Canada. He has expertise in renewable energy, oil and gas, mining, and infrastructure development. Jeremy has presented at national conferences and published articles, including in the Alberta Law Review, Globe and Mail and CBC. Jeremy previously worked in environmental engineering, earning his Professional Engineer designation. He is recognized as a leader in his field by Best Lawyers: Ones to Watch, Chambers Canada, and Chambers Global. Jeremy is a guest lecturer with the University of Calgary and University of Alberta Faculty of Law.
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Associate, Stockwoods LLP, Toronto, ON
Spencer joined Stockwoods as an associate in 2019. Since that time, Spencer has appeared before all levels of court in Ontario, as well as the Supreme Court of Canada and the Federal Court of Appeal. He represents clients on a broad range of matters including corporate litigation, criminal defence, administrative law, and constitutional law. Spencer is also an adjunct professor at the University of Toronto, Faculty of Law where he teaches Legal Research & Writing. Spencer was called to the bar in 2018. Prior to joining the firm, Spencer served as a law clerk to the Hon. Justice Suzanne Côté at the Supreme Court of Canada. He also completed a clerkship with Justices Groberman and Willcock at the British Columbia Court of Appeal in 2017-2018.
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Partner, Aird & Berlis LLP, Vancouver, BC
Bob is an accomplished lawyer and Indigenous rights advocate with over three decades of dedicated experience in Aboriginal and environmental law. He is passionate about pushing for legal and constitutional change as he works hand-in-hand with Indigenous communities to advance their distinct visions of Indigenous self-determination and achieve their economic development goals.
Bob is a member of the Indigenous Practice Group at Aird & Berlis LLP. He is also a member of the firm’s Environmental Law and Energy Groups. Bob’s practice focuses on advising Indigenous peoples on a diverse range of areas, including Aboriginal and Treaty rights-related matters, the negotiation of modern-day treaty and self-government arrangements, the duty to consult and accommodate, complex resource benefit agreement negotiations and advising on regulatory compliance obligations. He has been repeatedly been recognized by Lexpert, Chambers & Partners and Best Lawyers as a leading practitioner in the area of Aboriginal law, and was named as "Lawyer of the Year" for Aboriginal law in the 2022 edition of The Best Lawyers in Canada.
Prior to joining Aird & Berlis, Bob practised at a large internationally-known law firm specializing in Aboriginal and Indigenous rights law and was formerly a founding partner of and member of the management committee of a nationally-known boutique firm specializing in Indigenous and Aboriginal law. Bob is located in the firm’s Vancouver office and advises clients primarily in British Columbia, the Yukon and Saskatchewan.
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Partner, Stockwoods LLP, Toronto, ON
Brian’s broad practice spans commercial litigation, general civil litigation, competition law, criminal, administrative and regulatory law and aboriginal law. Brian is currently recognized by Best Lawyers® in six categories: Administrative and Public Law, Appellate Practice, Bet-the-Company Litigation, Corporate and Commercial Litigation, Criminal Defence and Health Care Law. He has consistently been given an AV ® (preeminent) rating by the Martindale-Hubbell Peer Review Ratings system. In recognition of his role in advocating on behalf of his clients, Brian was awarded the Law Society Medal in 2022 and received the Benchmark Litigation Canada Hall of Fame Award in 2023.
Prior to joining Stockwoods in 1994, Brian served as counsel in the Ontario Ministry of the Attorney General’s Crown Law Office – Criminal representing the Crown in appeals before the Ontario Court of Appeal and Supreme Court of Canada and conducting special prosecutions. From 1991-1993 he served as the Executive Legal Officer to Ontario’s Superior Court of Justice.
From 2018-2019, Brian was President of The Advocates’ Society, a national organization dedicated to promoting effective advocacy and access to justice. He is a Fellow of both the American College of Trial Lawyers (and member, Journal Editorial Board and Advocacy in the 21st Century Committee) and the International Academy of Trial Lawyers (and also an Executive Committee member, Secretary-Treasurer and a Director). He is also an Honorary Overseas Member of The Commercial Bar Association of the U.K. (Combar).
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Partner, First Peoples Law LLP, Vancouver, BC
Kate Gunn is a partner at First Peoples Law LLP. She represents First Nations and Indigenous groups across Canada on issues related to the protection and defence of their inherent and constitutionally protected rights. Kate holds an LLM from the University of British Columbia, where her research focused on the interpretation of treaties between Indigenous Peoples and the Crown. Kate is a founding member of the Justice and Corporate Accountability Project, a legal clinic based at Osgoode Hall and Thompson Rivers University which provides advocacy and support to communities affected by transnational corporate activities and resource extraction.
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Partner, Mandell Pinder LLP, Vancouver, BC
Mary has acted as counsel for Indigenous Peoples in Aboriginal and treaty rights litigation for more than 25 years. Throughout her career, she has combined the practical and academic development of the law as the author of the litigation handbook (Thomson Reuters, published 2000) and of “Snow Houses Leave No Ruins”: Unique Evidence Issues in Aboriginal and Treaty Rights Cases (The Saskatchewan Law Review, 1996) and as chair and presenter at legal conferences. Mary Locke Macaulay was selected by her peers for inclusion in the 2022, 2023, and 2025 editions of The Best Lawyers in Canada™ in the field of Aboriginal law / Indigenous Practice.
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Partner, JFK Law, Toronto, ON
Sara Mainville has been a member of the Ontario bar since 2005 and she is a member of the BC bar (2022) with specific matter approvals to practice in Nunavut and Quebec. Sara has a Management/Public Administration degree (Lethbridge) and a Bachelor of Laws from Queen’s University. She has a LLM from the University of Toronto and an Advanced Negotiations certificate from Harvard University, and a Certificate in Entertainment Law (Osgoode PD).
During her early practice years with a well-known Anishinaabe law firm, Sara completed her LL.M (University of Toronto) and a thesis titled: Manidoo Mazina’igan: An Anishinaabe perspective Treaty 3, which was one of the earliest examples of Indigenous (“Miinigoziwin”) constitutional research by a legal practitioner.
In 2014, Sara was elected as Chief of Couchiching First Nation after the sudden death of her friend and mentor, Chief Chuck McPherson. During that term she ensured that the First Nation has strong policy going forward, a good social media presence to engage the many off-reserve members in community affairs and she started the Wasaw group of companies. Sara uses this experience as a former Chief to help leadership work past difficult issues, within Indigenous forms of dispute resolution, and walk the community through processes to encourage discourse and grassroots solutions to long-held problems. Sara is a strong believer that self-determination requires the Indigenization of our policies, approaches, and legal frameworks.
Sara has completed Advanced Negotiations training at Harvard University and dispute resolution, legislative drafting, and mediation training at professional institutes in order to advance her clients’ long held goals for self-determination and truer treaty partnerships in Canada.
Recently, Sara has received a certificate in Entertainment Law and she has helped clients with Indigenous intellectual property, copyright, and title issues to accommodate better approaches to recognize collective Indigenous knowledge system, community protocol, and cultural ways and values. She is very committed to mentor JFK Lawyers and facilitate legal practices that are better suited to serve the self-determination and ambitions of our clients.
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Deputy Minister, Ministry of Indigenous Relations and Reconciliation, Victoria, BC
Tom McCarthy is Deputy Minister of the Ministry of Indigenous Relations and Reconciliation. Prior to this appointment, Tom served as the Assistant Deputy Minister for the ministry’s Negotiations and Regional Operations Division. Tom also held several Chief Negotiator roles for the Province, including responsibility for the North area.
Before joining the provincial government in 2017, Tom worked for ten years with Tsawwassen First Nation. As Chief Administrative Officer for the Tsawwassen government, Tom advanced implementation of the Tsawwassen Treaty, and negotiated several major economic development projects on behalf of the Nation, including the Tsawwassen Mills development.
Tom also worked with the Government of Canada, including with the Privy Council Office, Treasury Board, and Department of Finance. He holds a Master of Public Policy from Simon Fraser University and an undergraduate degree in Public Affairs and Policy Management from Carleton University.
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Tłı̨chǫ Executive Officer, Tłı̨chǫ Government, Behchokǫ̀, NT
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Partner, Mandell Pinder LLP, Vancouver, BC
Krista advocates for Indigenous communities through strategic negotiations, litigation, and governance building. Her focus is always on tangible results that advance self-determination and community well-being. With her diverse, national practice, Krista is a member of the law societies of British Columbia, Ontario, the Yukon and the Northwest Territories. Krista’s litigation experience encompasses criminal defense, administrative, and environmental law. She spends much of her time in the communities she works with and has experience with diverse legal contexts including historic treaties, modern land claim agreements, Aboriginal rights litigation, and a broad range of Indigenous legal systems.
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Vice President of Business Development & Strategic Support, Nch'ḵay̓ Development Corporation, North Vancouver, BC
Sean Ruzicka is Vice President of Business Development & Strategic Support, serves as current Chair of the Sen̓áḵw Procurement Committee, and is a board member on Nchu’7mut LP supporting the Nch’ḵay̓ Business Registry. He provides leadership and supports the teams responsible for assessing new economic opportunities, negotiating complex deals, and driving procurement opportunities that pull through member employment, member business opportunities, and revenue to NDC. Sean brings depth of experience in leadership, strategy, process, business planning and procurement from nearly 20 years in Tech where he took a business from startup to over $1B in annual revenue and was responsible for an annual capital budget in excess of $400M. Where technical skills are critical to driving the best outcome for the Nation, he most enjoys his mentorship role in developing new grad Squamish Nation members who are next generation leaders in the community. Sean holds a degree in Economics, an MBA, and spends his free time with his family in and on the waters and lands of the Nation.
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Principal Consultant, Suslop Inc., Toronto, ON
Qasim is a management consultant and economist. For the past 15 years, he has worked in strategy, sustainability, environmental and impact assessments, socio-economic development, and research in diverse industries. Qasim has had the privilege of working with different levels of government, industry, and Indigenous communities across Canada. He has led national, regional, and local research projects which helped formulate policy that underpinned socio-economic development and sustainability initiatives. He has also advised mining companies on sustainability strategy and Indigenous partnership frameworks. Qasim holds an M.B.A. from the Schulich School of Business at York University and an M.Sc. in the Political Economy of Development from SOAS University of London. He is also a Ph.D. candidate in Strategy and Policy at Schulich.
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Associate, Ng Ariss Fong, Vancouver, BC
Ruben believes in the law as an instrument of positive social change. His practice reflects this belief. He maintains a busy administrative, environmental, and Aboriginal law practice. Ruben has worked with Indigenous clients to prepare evidence for regulatory proceedings, human rights tribunals, and court. He has extensive experience drafting submissions to tribunals and courts. He regularly advises both First Nations clients and professional regulators on issues ranging from employment matters and contracts to bylaw enforcement. He has appeared at all levels of BC court, and recently acted for Heiltsuk First Nation at the Ontario Court of Appeal, intervening on the issue of aboriginal title to submerged lands. Outside of work, Ruben is a member of the CBA – Environmental Law Section, and sits on the board of the non-profit Action Committee of People With Disabilities. When he is not working or volunteering, Ruben likes to eat popcorn while watching esoteric movies, preferably with his cat near or on him.
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Partner, JFK Law LLP, Vancouver, BC
Claire practices Aboriginal, environmental and constitutional law at JFK’s Vancouver office with a focus on litigation, modern treaty negotiation and Indian registration (Indian status). She is passionate about pushing the law for greater recognition of Indigenous rights and self-determination while offering her clients the practical advice they need to face immediate legal challenges.
Claire advises Indigenous governments and individuals on a variety of legal issues. She has particular expertise in fisheries, water rights and governance, legal interests in reserve land and land management, Indigenous membership or citizenship, and Indian registration (status). She also advises First Nations on these issues in modern treaty negotiations. Claire was initially drawn to working for Indigenous peoples through studying natural resource management and the conflict between Indigenous and non-Indigenous fishers on the Fraser River. She brings this interest in ecology and natural resource management to her legal practice.
Claire assists her clients in seeking justice through the courts in judicial review, trial and appeal proceedings on matters of Aboriginal and treaty rights, consultation and accommodation, Charter rights and disputes under the Indian Act. She has appeared at the British Columbia Supreme Court, British Columbia Court of Appeal, Alberta Court of King’s Bench, Alberta Court of Appeal, Saskatchewan Court of King’s Bench, Federal Court and Supreme Court of Canada.
Registration Form
Program:
Developments in Aboriginal and Indigenous Law 2024
Date:
October 22 & 23, 2024
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,465.00 plus GST of $73.25 totaling $1,538.25 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by September 23, 2024 and receive a $200 discount on the registration fee ($1,265.00 plus GST). Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PST). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (October 15, 2024). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Course Accreditation: Attendance at this course can be listed for up to 12 hours of continuing professional development credits with the Law Societies of BC and Ontario. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.