Developments in Aboriginal and Indigenous Law 2026

October 28 & 29, 2026 at 9:00AM PDT

Downtown Vancouver and Live Webinar

Developments in Aboriginal and Indigenous Law 2026

October 28 & 29, 2026

Overview

What a year!!

Join us for our annual update on the state of Aboriginal and Indigenous Law.

Our exceptional faculty will cover the latest developments, landmark court decisions, and practical frameworks shaping the future of Aboriginal rights, title, and self-government in this dynamic field.

Staying informed is crucial for advisors to effectively support their clients whether they be First Nations, Indigenous individuals, businesses or local, provincial and federal governments.

This program is designed to equip you with the knowledge to navigate challenges and seize opportunities in the field of Aboriginal and Indigenous law.

Join us as we bring together the leading experts who will delve into the latest developments in litigation, governance and economic development, offering practical insights and strategic guidance.

Gain the critical insights you need to succeed in this rapidly evolving area of Aboriginal and Indigenous law in Canada.

Key Areas Addressed:

  • The impact on major projects - UNDRIP and the transformation of the duty to consult

  • The Key Cases on treaty interpretation, Indigenous legal orders, and living treaties

  • The honour of the Crown beyond government

  • Aboriginal title in light of the recent court of appeal decision in Nuchatlaht v. British Columbia

  • What insight and direction can we take from the recent court decisions?

  • Aboriginal title and private property - competing property regimes – the recent decisions in Cowichan (B.C.) (2025) and Wolastoqey Nation (N.B.) (2025)

  • Environmental stewardship approaches on Aboriginal lands

  • Legislative reconciliation and the next frontiers of sectoral self-government for First Nations and Inuit

  • Consent frameworks in practice

  • Citizenship, membership and second generation cut-off

This Forum is Designed For:

  • Indigenous leaders, officials, councillors, elders, negotiators, administrators, and advisors

  • Lawyers practising in the areas of Indigenous law, Aboriginal law, administrative law, and business law

  • 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, 2026

9:00 - Welcome and Introduction by PBLI

9:05 - Chairs’ Welcome and Introduction

Karey Brooks, K.C.
JFK Law LLP, Vancouver

Sara Mainville
JFK Law LLP, Toronto

9:15 - The Impact on Major Projects - UNDRIP and the Transformation of the Duty to Consult

Lisa C. Fong, K.C.
Ng Ariss Fong Lawyers, Vancouver

Ruben Tillman
Ng Ariss Fong Lawyers, Vancouver

Lara Koerner-Yeo
JFK Law LLP, Toronto

  • The Key Cases – Gitxaala v. British Columbia (Chief Gold Commissioner); Kebaowek First Nation v. Canadian Nuclear Laboratories and Saskatchewan (Environment) v. Métis Nation – Saskatchewan

  • Is UNDRIP becoming operationalized through administrative law?

  • Does “free, prior and informed consent” meaningfully alter consultation doctrine?

  • Is Canadian consultation law moving toward substantive outcomes rather than procedural adequacy?

  • How should tribunals and regulators incorporate UNDRIP into decision-making?

  • The future relationship between Haida consultation doctrine and UNDRIP

  • Parallel proceedings and the procedural realities of Indigenous rights litigation

  • Consultation obligations in the context of unresolved Métis rights and title claims

10:25 - Questions and Discussion

10:40 - Refreshment Adjournment

10:55 - The Key Cases on Treaty Interpretation, Indigenous Legal Orders, and Living Treaties

Harley Schachter
Duboff Edwards Schachter Law Corporation, Winnipeg and Vancouver

Senwung Luk
Olthuis Kleer Townshend LLP, Toronto

  • The Cases - Restoule v. Canada (2024) and Colville Lake Renewable Resources Council v. Northwest Territories (Minister of Environment and Natural Resources) (2025)

  • Indigenous legal orders in treaty interpretation

  • Indigenous knowledge as law and evidence

  • Historic treaties as “living relationships”

  • Treaty implementation versus historic interpretation

12:00 - Questions and Discussion

12:15 - Networking Lunch

1:15 - The Honour of the Crown Beyond Government

Molly Churchill
JFK Law LLP, Toronto

  • The recent cases:

    Innus de Uashat et de Mani-Utenam c. Hydro-Québec (2025) and Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan (2024)

  • Crown corporations and the honour of the Crown

  • Good faith obligations in negotiations

  • Remedies for dishonourable conduct

  • Modern agreements and fiduciary principles

2:05 - Questions and Discussion

2:20 - Refreshment Adjournment

2:30 - Aboriginal Title in Light of the Recent Court of Appeal Decision in Nuchatlaht v. British Columbia (2026)

Owen L. Stewart
Lawyer

  • Proving the Obvious: Evidentiary standards for proving Aboriginal title

  • Occupation, sufficiency, and continuity after Tsilhqot’in

  • Strategic considerations in modern Aboriginal title litigation

  • Implications of Nuchatlaht for future title litigation across Canada

3:20 - Questions and Discussion

3:30 - Faculty Roundtable: What insight and direction can we take from the recent court decisions?

4:00 - Questions and Discussion

4:10 - Chairs’ Closing Remarks for Day One

4:15 - Forum Concludes for Day One

Day Two - October 29, 2026

9:00 - Chairs’ Welcome to Day Two

Karey Brooks, K.C.
JFK Law LLP, Vancouver

Sara Mainville
JFK Law LLP, Toronto

9:10 - Aboriginal Title and Private Property - Competing Property Regimes – The Recent Decisions in Cowichan (B.C.) (2025) and Wolastoqey Nation (N.B.) (2025)

David Robbins
Woodward & Co. Lawyers LLP, Victoria

Renée Pelletier
Olthius Kleer Townshend LLP, Toronto

  • A review of the cases: Cowichan Tribes v. Canada — 2025 BCSC 1490 and J.D. Irving, Limited et al. v. — 2025 NBCA 129

  • Interaction between Aboriginal title and fee simple interests

  • Private land and historic Crown grants

  • Remedies and implications for landowners and governments

  • Procedural and constitutional implications of large-scale title claims

10:35 - Questions and Discussion

10:50 - Refreshment Adjournment

11:05 - Environmental Stewardship Approaches on Aboriginal Lands

  • Indigenous Protected Conservation Areas (IPCAs)

  • Update on the Blueberry River Agreement

  • What is happening on the ground and in the waters in Haida Gwaii?

11:50 - Questions and Discussion

12:00 - Networking Lunch

1:00 - Legislative Reconciliation and the Next Frontiers of Sectoral Self-Government for First Nations and Inuit

  • Bill C-92

  • Creation of National Standards

  • Child welfare jurisdiction for Cowichan children

  • Education jurisdiction in Indigenous communities

  • Health jurisdiction (BC or another jurisdiction)

  • Which communities have taken up responsibility for these matters?

1:50 - Questions and Discussion

2:00 - Consent Frameworks in Practice

Sara Mainville
JFK Law LLP, Toronto

  • How the issues are covered in the framework agreements

  • Key issues to address in the framework agreements

  • How can we achieve more certainty?

2:40 - Questions and Discussion

2:50 - Refreshment Adjournment

3:00 - Citizenship, Membership and Second Generation Cut-Off

Claire Truesdale
JFK Law LLP, Vancouver

  • The case law

  • Understanding membership

  • Indian Act amendments

  • Charter challenges

  • What new approaches can be explored?

4:00 - Questions and Discussion

4:10 - Chairs’ Closing Remarks

4:20 - Forum Concludes



Meet the Co-Chairs

Meet the Faculty


Registration Form

Program:

Developments in Aboriginal and Indigenous Law 2026

Date:

October 28 & 29, 2026

Location:

UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC

Registration:

The registration fee is $1,665.00 plus GST of $83.25 totaling $1,748.25 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 1, 2026 and receive a $200 discount on the registration fee ($1,465.00 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:

DOWNLOAD FORM

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, 2026). 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 11.5 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.