Developments in Aboriginal and Indigenous Law 2025
October 28 & 29, 2025 at 9:00AM PDT
Downtown Vancouver and Live Webinar
Developments in Aboriginal and Indigenous Law 2025
October 28 & 29, 2025
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:
New developments in Indigenous rights and Aboriginal title
Major resource projects on Indigenous lands
Balancing economic development and cumulative impacts
The impacts of recent landmark court decisions
An update on treaty negotiations
The Crown’s duty to negotiate and consult
Litigation practice tips
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 28, 2025
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Robert J. M. Janes, KC
JFK Law
Bernd Christmas, KC
Bernd Christmas Law Group
9:10 - Indigenous Land Rights and Private Property
Renée Pelletier
Olthuis Kleer Townshend LLP
A discussion of Wolastoqey Nations v New Brunswick and Canada, et.al., 2024 NBKB 21 and Chippewas of Saugeen First Nation v the Town of South Bruce Peninsula et al., 2024 ONSC 2827
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - Indigenous Participation in Major Resource Projects
Bernd Christmas, KC
Bernd Christmas Law Group
Effect of new federal priorities
Progress on actual projects
Obstacles to Indigenous involvement in major projects
11:15 - Questions and Discussion
11:25 - Federal and Provincial Major Project Approval Reform: Implications for Indigenous Peoples
Bruce McIvor
First Peoples Law
UNDRIPA and its implications on the duty to consult
Implications for Nations opposed to projects
Limits (if any) on recognition of provincial environmental assessment regimes
12:15 - Questions and Discussion
12:25 - Networking Lunch
1:25 - Economic Development in a Self-Governing Nation
After the self-government agreement: how the Haida Nation is developing its economy
Implications of the duty to consult and accommodate
2:15 - Questions and Discussion
2:25 - Refreshment Adjournment
2:40 - Mining Agreements on Indigenous Territory
Chief Craig Nootchai
Atikameksheng Anishinawbek
One Nation’s experience with mining agreements
Cumulative impacts
The role of Indigenous legal systems
3:30 - Questions and Discussion
3:40 - Topic to be announced
4:30 - Questions and Discussion
4:40 - Chairs’ Closing Remarks
4:45 - Forum Concludes for Day One
Day Two - October 29, 2025
9:00 - Welcome and Reflections on Day One
Bernd Christmas, KC
JFK Law
Robert J. M. Janes, KC
JFK Law
9:10 - The Dickson Decisions and Developments in Applying the Charter
Peter Millerd
Mandell Pinder LLP
How has Dickson been treated in court?
Implications for traditional self-government
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - The United Nations Declaration on the Rights of Indigenous Peoples in the Courts
Recent important cases, including Gitxaala v. British Columbia and Kebaowek v. Canadian Nuclear Laboratories
11:15 - Questions and Discussion
11:25 - An Update on Treaty, Recognition, and Reconciliation Negotiations
Mark Stevenson
Mark L. Stevenson Law
Robert Freedman
Aird & Berlis LLP
Recent reconciliation agreements
Progress on recent treaties
Shared Territory/Overlap issues
12:15 - Questions and Discussion
12:25 - Networking Lunch
1:25 - Has the Supreme Court Recognized a Duty to Negotiate in Good Faith?
Robert J. M. Janes, KC
JFK Law
Evolving SCC jurisprudence on remedies
Recent judicial statements on duty to negotiate in good faith
What does good faith negotiation require
What happens if breaches occur
2:15 - Questions and Discussion
2:25 - Refreshment Adjournment
2:40 - Update on Practice and Procedure in Aboriginal and Treaty Rights Litigation
Mary Locke Macaulay
Mandell Pinder LLP
Availability of declaratory relief
Class proceedings
3:30 - Questions and Discussion
3:40 - Current Developments and Issues in the Duty to Consult and Accommodate
Scott A. Smith
Aird & Berlis LLP
Sabrina Spencer
Aird & Berlis LLP
Effect of UNDRIP on the duty to consult and accommodate
Significant duty to consult cases in 2025
4:30 - Questions and Discussion
4:40 - Chairs’ Closing Remarks
4:45 - Forum Concludes
Meet the Co-Chairs
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Principal, Bernd Christmas Law Group, 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, Aird & Berlis LLP, Vancouver, BC
Bob is an accomplished lawyer and Indigenous rights advocate with more than 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 firm’s Indigenous Practice Group. 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.
Bob’s strengths lie in his deep understanding of Indigenous and non-Indigenous legal systems, strategic vision, strong negotiation skills and ability to translate his clients objectives into tangible and lasting results. A significant component of Bob’s practice is in providing strategic and tailored advice to his Indigenous clients as they navigate regulatory and environmental approval processes. Bob has substantial expertise in conducting cumulative impact studies that are aligned with and grounded in the Indigenous cultures, worldviews and laws of his clients. He has worked closely together with Indigenous communities, non-Indigenous governments and third parties to achieve precedent-setting impact benefit agreements, equity arrangements and shared decision-making processes that bridge the interests of the Indigenous community, industry and the Crown.
As an experienced negotiator and litigator, Bob’s work on behalf of his clients includes having appeared before all levels of court, including the Supreme Court of British Columbia, the Court of Appeal for British Columbia, and he has appeared before the Supreme Court of Canada several times. Bob has also appeared before regulatory bodies and tribunals, including regulatory and assessment bodies in the Yukon, British Columbia and joint federal-provincial assessment panels.
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, 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, First Peoples Law LLP, Vancouver, BC
Dr. Bruce McIvor is a partner at First Peoples Law LLP. His work includes both litigation and negotiation on behalf of Indigenous Peoples across Canada. Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada. His collection of essays entitled Standoff: Why Reconciliation Fails Indigenous People and How to Fix It (Nightwood Editions) was published in the fall 2021. Bruce is a member of the Manitoba Métis Federation.
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Partner, Mandell Pinder LLP, Vancouver, BC
Peter’s service began as a law clerk in the Court of Appeal for BC in 2009 from where he embarked on a special assignment with the court on the Aboriginal title case of Tsilhqot’in Nation v. British Columbia. Acting for First Nations in Aboriginal rights and title litigation, and pursuing historical claims before the Specific Claims Tribunal, Peter is committed to working with Indigenous peoples and communities to achieve their goals, including the recognition and protection of their rights, securing economic benefits, and achieving self-governance. Peter has also advised First Nations administrative tribunals and acted for First Nations seeking judicial review of administrative action. His practice focuses on Aboriginal and constitutional litigation, including Aboriginal rights, Aboriginal title, fiduciary duties, consultation and accommodation, reserve land issues, and governance matters.
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Partner, Aird & Berlis LLP, Vancouver, BC
Scott is a highly skilled negotiator and litigator who works at the confluence of Aboriginal, environmental, energy and natural resource law. Widely recognized as a passionate and strategic advocate and thought leader, Scott has negotiated precedent-setting agreements between Indigenous peoples, project proponents and Crown entities that advance economic reconciliation and achieve meaningful and lasting results for his Indigenous clients.
Scott is a member of the firm’s Indigenous Practice Group. He is also a member of the firm’s Energy, Environmental Law and Infrastructure Groups. Prior to joining Aird & Berlis, Scott practised at a large, international law firm specializing in Aboriginal and Indigenous law. He has been recognized by Lexpert, Chambers & Partners and Legal 500 Canada as a leading practitioner in the area of Aboriginal law, and was named as one of Benchmark Litigation Canada's 40 & Under Hot List (2017-2020) and recognized as one of Lexpert's Rising Stars: Canada's Leading Lawyers Under 40 (2018).
Scott regularly advises First Nations on all phases of major projects, including navigating complex regulatory hearings and litigation for significant energy and natural resource projects across Canada. He has extensive experience in negotiating impact benefit agreements and Indigenous equity participation arrangements in major projects, including working on behalf of his Indigenous clients across diverse sectors such as mining, forestry, pipelines, LNG facilities, hydroelectric projects, transmission lines and petrochemical facilities, often incorporating Indigenous ownership.
A significant focus of Scott's practice also involves providing strategic counsel on Aboriginal and Treaty rights-related matters, the duty to consult and accommodate, resource benefit sharing arrangements, child and family services, regulatory and environmental matters, including contaminated sites. Scott has worked closely with Indigenous communities and governments on negotiating landmark government-to-government arrangements, including having successfully crafted the largest agreement between British Columbia and First Nations outside of formal treaties.
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Chief, Atikameksheng Anishnawbek, Naughton, ON
Gimaa Craig Nootchtai is a descendant of Chief Shawanekezhik who signed the Robinson Huron Treaty in 1850 on behalf of Atikameksheng Anishnawbek. He started his term as Gimaa of Atikameksheng Anishnawbek in July 2020 and is the first Gimaa to serve a 4-year term under Atikameksheng’s Custom Election Code. He was re-elected in June 2024 for a second term as Gimaa and is very honoured to have served his Nation over the last 4 years. Gimaa Craig has a Civil Engineering background and is an entrepreneur but for the last four years has focused primarily on building a solid foundation for his home community of Atikameksheng. Under direction from Council and Community, he created an underground service mining company with partners Wahnapitae First Nation and Technica Mining called Aki-eh Dibinwewziwin Limited Partnership (ADLP) to capitalize on the mining opportunities in their traditional lands. This new company has transformed Atikameksheng Anishnawbek into a main player in mining activities in the Sudbury basin.
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Partner, Olthuis Kleer Townshend LLP, Toronto, ON
Renée Pelletier is a Partner at OKT. Her practice focuses on Aboriginal and Treaty Rights litigation and negotiation. Renée is currently lead counsel on two Aboriginal title claims: Saugeen Ojibway Nation’s Aboriginal title claim to their water territory and the Wolastoqey Nation’s Aboriginal title claim to their territory in New Brunswick. She has also developed significant experience in claims and legal matters involving the Peace and Friendship Treaties. Additionally, Renée regularly advises and represents her Indigenous clients on consultation matters, regulatory and environmental matters.
Renée is especially passionate about assisting her Indigenous clients in achieving greater self-determination. She also strives to incorporate the legal traditions of her Indigenous clients into the work she does on their behalf.
Renée has served as a member of the Independent Federal Environmental Assessment Expert Review Panel. The Panel engaged Canadians and Indigenous peoples and provided recommendations to the Government of Canada on reforms to federal environmental assessment processes. She contributes to the advancement and recognition of Indigenous rights through her published work and was cited by the Supreme Court of Canada in the high-profile case R. v. Ipeelee, 2012 SCC 13. Renée is a frequent guest lecturer in Aboriginal and Environmental Law and is a sessional lecturer at the University of New Brunswick, teaching an upper year course on land claims and self-government. Renée also serves as co-chair of Osgoode Professional Development’s Certificate Program in the Fundamentals of Indigenous Peoples and Canadian Law.
Renée grew up in Fall River, Nova Scotia and is a member of the New Brunswick and Ontario Bars. She is French Acadian, her first language is French, and she is fluently bilingual in both French and English. Renée is listed as a “most frequently recommended” lawyer in the Lexpert Directory and is ranked in Lexpert, Best Lawyers in Canada and Chambers Canada as one of the top lawyers in the area of “Aboriginal Law.” In 2024, Renée was the recipient of Osgoode Hall Law School’s Alumni Gold Key Award for a Career of Distinction.
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Partner, Aird & Berlis LLP, Vancouver, BC
Sabrina’s practice centers on Aboriginal and environmental law, where she works to foster change and progress through innovative legal approaches. Sabrina helps clients navigate sophisticated challenges in advancing reconciliation, addressing climate change and promoting sustainable business practices. She combines her legal expertise with a background in business and policy, having held leadership roles in commercial banking and corporate sustainability, as well as serving as Vice President at the BC Council of Forest Industries. Sabrina’s experience working with executive leadership and government officials enables her to build strong relationships and develop forward-thinking strategies to drive long-term reconciliation and sustainable growth.
Sabrina is a member of the firm’s Indigenous Practice Group. She is also a member of the firm’s Energy, Environmental Law and ESG & Sustainability Groups. Sabrina works closely with Indigenous communities and companies to advance reconciliation and sustainability, including through negotiations between Indigenous communities and project proponents, particularly in relation to natural resource and energy projects. She works with Indigenous clients to develop governance and legal structures related to environmental and natural resource issues. Sabrina’s work in Indigenous relations includes advising both commercial and local government clients on strategies to foster positive relationships with Indigenous communities. She has led negotiations and drafted impact benefit agreements, contributing significantly to the advancement of reconciliation. Sabrina also counsels both Indigenous and non-Indigenous clients on climate change, nature and ESG matters, including reviewing annual sustainability-related disclosures, assessing climate- and nature-related risks, and advising on carbon and biodiversity credit transactions.
In environmental law, Sabrina has extensive experience assisting clients with approvals and processes under various provincial and federal regulatory regimes related to water, fisheries, wildlife and species at risk.
Sabrina also specializes in regulatory processes, assisting clients with natural resource, pipeline, energy and utility projects, including expertly navigating both provincial and federal assessments. She has extensive expertise in permitting on reserve lands under the Indian Act and the First Nations Land Management Act. Sabrina’s experience also includes representing clients in proceedings before various administrative tribunals, such as the BC Environmental Appeal Board, BC Utilities Commission, Canada Energy Regulator and Canadian Transportation Agency.
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Principal, Mark L. Stevenson Law, Saanichton, BC
Mark is a Métis lawyer whose family originates from the historic Métis community of Lac St Anne, Alberta. He has a Masters of Law from the University of British Columbia, Bachelor of Law from McGill University, and Master of International Relations from Jawaharlal Nehru University in India. His deep spiritual beliefs come from his mother and the time spent in India.
Mark was the 2016 Indspire Award (formerly National Aboriginal Achievement Award) for Law and Justice. In 2009 Mark received the Indigenous Peoples’ Counsel (IPC) designation from the Indigenous Bar Association, which recognizes outstanding accomplishments achieved with honour and integrity.
Mark’s career began in 1982 at the Privy Council in Ottawa working on Indigenous constitutional matters. He then worked as Legal Counsel for the Ontario Native Affairs Secretariat from 1987 to 1991, and as a Chief Treaty Negotiator with the Government of British Columbia from 1991 to 1998, when he entered private practice to work with First Nations in the British Columbia Treaty Process.
In addition to his work in treaty negotiations, Mark has negotiated a wide variety of agreements on behalf of Indigenous People including Oil, Gas and Mineral Revenue Sharing Agreements, Pipeline Agreements, Forestry Agreements, and Impact Benefit Agreements linked with Hydro mega projects. He was also instrumental in the development of the First Nations Financial Management Act, the settlement legislation for the Tsawwassen Final Agreement.
Mark is a past President of the Indigenous Bar Association as well as the founding president of Aboriginal Legal Services of Toronto. Mark also served as a commissioner for the Law Commission of Canada, and is a board member of the Canadian Civil Liberties Association. Mark has published numerous articles on aboriginal law issues, and in particular on Métis Rights issues.
Registration Form
Program:
Developments in Aboriginal and Indigenous Law 2025
Date:
October 28 & 29, 2025
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 29, 2025 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. (PDT). 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 21, 2025). 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.