Developments in Aboriginal and Indigenous Law 2023
October 11 & 12, 2023 at 9:00AM PST
Downtown Vancouver and Live Webinar
Developments in Aboriginal and Indigenous Law 2023
October 11 & 12, 2023
Overview
The state of Aboriginal law in Canada is constantly evolving, and for those working in this dynamic area, including those who advise First Nations or governments, it is essential to remain current on the latest developments. Staying abreast of the changing landscape is fundamental for advisors to practice effectively, and for First Nations to exercise their rights to their greatest benefit. This program assembles leaders in the field of Aboriginal law to provide delegates with in-depth information and practical insights to ensure that they are prepared to effectively address current challenges and to take proactive steps to avoid common pitfalls. For those who wish to remain current and informed, this program should not be missed.
Key Areas Addressed:
The Honour of the Crown in litigation
Advance costs claims
Funding issues and discrimination
Important recent cases and decisions: Nuchatlat, Chippewas, Cowichan, Saik’uz
Managing evidence in mega-trials
Treaty taxation and policy
Applying Indigenous laws
The latest on consultation
The framework for modern day treaties in British Columbia
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
Indigenous Scholarship Program
PBLI offers sponsored registrations to individuals of First Nation, Inuit, or Métis Descent. One sponsorship is available per program. This sponsorship program is designed to make the education and networking opportunities at our conferences more accessible to Indigenous communities. For application details, please click here.
Agenda
October 11, 2023 (Day 1)
9:00 - Welcome by PBLI
9:05 - Chairs’ Welcome and Introduction
Karey Brooks, KC
Principal, JFK Law LLP
Robert J. M. Janes, KC
Principal, JFK Law LLP
9:10 - The Honour of the Crown and its Role in Litigation
Robert J. M. Janes, KC
Principal, JFK Law LLP
The Honour of the Crown
Litigation directives
Attorney General’s Directive and the Honour of the Crown
Cases addressing the Honour of the Crown in the management of court cases
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - Aboriginal Title and Coastal First Nations
Roy Millen
Partner, Blake, Cassels & Graydon LLP
Rochelle Collette
Associate, Blake, Cassels & Graydon LLP
What is the test for Aboriginal title, how does it apply to coastal First Nations, does it need to be adapted
Case Study: Nuchatlaht First Nation
11:15 - Questions and Discussion
11:25 - Discrimination Claims in Federal Funding to Indian Act bands
Dillon Johnson
Councillor, Tla’amin Nation Government
Aria Laskin
Associate, JFK Law LLP
What funding does the federal government provide
How are the formulas determined
Are funding levels adequate
Are funding levels discriminatory
How to prove discrimination
Examples from child welfare; education; drinking water; fire protection
12:15 - Questions and Discussion
12:25 - Networking Lunch
1:15 - The Haida Nation Recognition Act: Recognizing Legal Personality for Indigenous Nations and their Governments
Nigel Baker-Grenier
Associate, White Raven Law
Indigenous self-government and Indigenous laws
2:05 - Questions and Discussion
2:15 - Refreshment Adjournment
2:30 - Aboriginal Title Claims to Submerged Lands
Roger Townshend
Founding Partner, Olthuis Kleer Townshend LLP
Submerged land issues in the Saik’us and Saugeen cases
3:20 - Questions and Discussion
3:30 - Managing Historical, Expert and Oral History Evidence in Aboriginal Mega-Trials
Kate Gower
Lawyer, Gower Modern Law
Latest Aboriginal mega-trials: Cowichan, Saik’uz, Nuchatlat
Tips on using digital tools
Potential issues to be alive to when using digital tools
4:20 - Questions and Discussion
4:30 - Chairs’ Closing Remarks
4:35- Forum Concludes for Day One
October 12, 2023 (Day 2)
9:00 - Welcome and Reflections on Day One
Karey Brooks, KC
Principal, JFK Law LLP
Robert J. M. Janes, KC
Principal, JFK Law LLP
9:10 - Modern Day Treaties in BC: a New Framework
Keith Brown
Associate, Gowling WLG
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - Proving Claims for Advance Costs post-Anderson
Karey Brooks, KC
Principal, JFK Law LLP
Issues of access to justice
Evidentiary matters for advance cost claims
11:15 - Questions and Discussion
11:25 - UNDRIP Implementation, National and Provincial Experiences
Sara Mainville
Partner, JFK Law LLP
Saul Joseph
Partner, Clark Wilson
12:15 - Questions and Discussion
12:25 - Networking Lunch & Forum Concludes
Meet the Co-Chairs
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Principal, JFK Law LLP, Vancouver, BC
Karey practises civil litigation with a focus on Aboriginal, constitutional and administrative law. She has appeared in all levels of court, including in British Columbia, Alberta and Ontario. Karey primarily acts for First Nations and First Nations organizations in court and negotiations with government and industry on matters relating to Aboriginal rights and title, consultation, regulatory matters, including environmental assessments, and general governance matters, including status and membership issues. Karey also has experience in other public law related work, including with respect to Charter rights litigation and public inquiries. Karey was co-counsel to the Aseniwuche Winewak Nation in Daniels v. Canada. Karey has been Lexpert ranked as a Leading Lawyer in Aboriginal Law since 2016, as one of the Best Lawyers in Aboriginal Law in Best Lawyers in Canada since 2017. In 2016, Karey was awarded the UBC Law School Outstanding Young Alumnus Award and in 2015, Karey Brooks was recognized as one of Canada’s Legal Rising Stars by Lexpert.
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Principal, JFK Law LLP, Victoria, BC
Mr. Janes is a litigator with extensive experience in Aboriginal law. Recognized by Lexpert for many years as a leading lawyer in Aboriginal law, he has appeared at all levels of court in British Columbia, Ontario and Alberta acting for Aboriginal people. He has also appeared many times at the Supreme Court of Canada, the Federal Court and the Federal Court of Appeals. In addition to his litigation work, Mr. Janes advises nations involved in the BC Treaty Process.
Meet the Faculty
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Associate, Gowling WLG, Vancouver, BC
Keith is a member of the firm's Indigenous Law Group, based in Vancouver. He works primarily at the intersection between Aboriginal, environmental, and natural resources law. Keith also assists firm clients with diverse issues of public law and appellate litigation outside of the Aboriginal law space.
Before joining the firm, Keith was a judicial law clerk at the Court of Appeal for British Columbia and a legal intern at an international transportation and logistics company, working on project environmental assessments and Aboriginal law matters.
Keith is a member of the Heiltsuk Nation from Bella Bella, British Columbia.
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Associate, White Raven Law Corporation, Surrey, BC
Nigel holds a Bachelor of Arts in the History Honours program at the University of British Columbia and a Juris Doctor from the Peter A. Allard School of Law. In 2021, the Western Journal of Legal Studies published Nigel’s article “Kitimahkinawow ekwa Kitimahkisin: Pity and Compassion in Cree Law.” He was awarded the the Beverly McLachlin Legal Access Award in 2019 and the Fasken Martineau DuMoulin LLP Indigenous Entrance Scholarship in 2016. In 2018, Nigel published an article in the University of Toronto Faculty of Law Review titled, “Esdii Wal: Gitxsan Law Grounded in Epistemology.” Nigel worked as a temporary articled student for the Indigenous Community Legal Clinic, which provides legal advice in the areas of criminal law, family law, and civil law, to marginalized people in Vancouver’s Downtown Eastside. Nigel is a recipient of the 2022 Courage in Law from Indigenous Law Students Association, and teaches as an Adjunct professor at UBC’s Indigenous Legal Clinic.
Nigel belongs to the Gisgahaast clan from the Gitxsan Nation. He is also Mushkegowuck (swampy Cree) from Churchill, Manitoba. During his upbringing, he was immersed in song, dance, oral history and law from his communities. Nigel chose to study law to revitalize Indigenous laws which are grounded in oral histories and traditions. Indigenous laws contain rich normative resources that are relevant today and robustly inform the rights and obligations of the contemporary world.
Nigel is a lead dancer for Dancers of Damelahamid, an Indigenous dance company based in Vancouver. Nigel has toured nationally and internationally as an artist.
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Associate, Blake Cassels & Graydon LLP, Vancouver, BC
Rochelle is a litigation and dispute resolution lawyer with a focus on environmental and Indigenous law matters, and complex commercial litigation. Rochelle provides strategic advice to clients in the development of natural resources projects, advising on project permits and approvals, compliance with regulatory requirements, and environmental assessments. She assists clients in building relationships, resolving disputes, and negotiating arrangements and agreements with Indigenous communities. Rochelle’s experience includes work in a wide range of industries, including the energy, mining, manufacturing, and aquaculture sectors.
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Lawyer, Gower Modern Law, Vancouver, BC
Kate works in all areas of Aboriginal Law, specializing in Aboriginal consultation and litigation. She was art of the team that represented West Moberly First Nation and other Treaty No. 8 First Nations in their successful court challenge that gave the province of British Columbia a new Western Boundary for Treaty No. 8. She has represented First Nations, Métis and Indigenous groups in Aboriginal and Treaty rights litigation, consultation, governance and employment matters. Kate is the lawyer who successfully built and ran Victoria B.C.’s first Electronic Trial (E-Trial).
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Councillor, Tla'amin Nation Government, Powell River, BC
Dillon is serving his fourth term as an elected leader. Dillon is the son of Jeannie Bassett (nee Paul) and Gord Johnson (non-Tla’amin), and the grandson of Elsie Paul and the late Willie Dave Paul. He lives in t̓išosəm with his wife Jessica and daughters Rielle and Remi. Dillon is also a consultant with Temixw Planning Ltd. where he has been providing community, economic and financial planning advice and services to First Nations governments and organizations for 15 years. He also currently serves as Vice-Chair for the First Nations Financial Management Board.
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Partner, Clark Wilson, Vancouver, BC
Saul is of Coast Salish descent and is a member of the Squamish First Nation (Skwxwú7mesh).
His personal and professional experience allows Saul to be intuitive to clients’ needs, tailoring his services in order to effectively serve Indigenous communities.
With his legal practice focused on developing and implementing economic development initiatives, Saul helps affirm Aboriginal and treaty rights, support sustainable environmental management, and create comprehensive policy and governance structures.
Prior to law school, Saul earned a Bachelor’s Degree in Geography at the University of Victoria, with a specialization in coastal studies. His education and experience assists in negotiating, drafting and implementing agreements that are effective and result in environmentally sustainable outcomes.
With extensive experience in all aspects of Indigenous business, Saul is passionate about protecting and advancing the rights of Indigenous peoples and generating socio-economic opportunities for positive change.
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Associate, JFK Law LLP, Vancouver, BC
Aria practices Aboriginal, environmental and constitutional law in JFK Law’s Vancouver office, with a focus on dispute resolution and litigation. She is passionate about working collaboratively with clients. Aria assists clients to find creative solutions where possible, and advocates fiercely when necessary. Prior to joining JFK Law in 2018, Aria practiced Aboriginal, administrative, and commercial litigation at a leading national law firm in Toronto. In Ontario, Aria represented clients in negotiations and litigation proceedings involving both private parties and federal, provincial, and territorial government entities. She has appeared in front of all levels of court in British Columbia and Ontario, the Federal Court, the Supreme Court of Canada and a range of administrative and arbitral panels. She is also on the Aboriginal Law – Vancouver Section Executive, and on the Young Advocates Standing Committee (the young advocates’ branch of The Advocates’ Society).
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Partner, JFK Law LLP, Toronto, ON
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. Sara continues to work with First Nations and Inuit clients and is one of the few practicing lawyers that works as much within Indigenous legal orders as within the Canadian constitutional order (“Aboriginal law”). 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.
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Partner, Blake Cassels & Graydon LLP, Vancouver, BC
Roy carries on a diverse practice with particular experience in Indigenous rights and title, commercial litigation and international trade. In Aboriginal law, Roy advises private-sector clients across Canada on the development of energy, mining and other major projects, and relationships with Indigenous peoples. He negotiates commercial agreements, impact benefit agreements, consultation protocols and other arrangements with First Nations, Métis and other Indigenous groups. He also assists clients in navigating the regulatory processes necessary to secure project approval, including the implications of UNDRIP, and defends proponents from litigation challenges brought by Indigenous communities and individuals.
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Founding Partner, Olthuis Kleer Townshend LLP, Toronto, ON
Roger Townshend has practised Aboriginal rights, constitutional, human rights, and administrative law. At present he primarily litigates land claims for First Nations, and is lead counsel in a lengthy trial involving a claim to Aboriginal title to portions of the beds of the Great Lakes, and involving a challenge to a treaty. He has appeared in Court and advised on numerous cases relating to Aboriginal title and other Aboriginal rights and treaty rights, and relating to the duty to consult and accommodate Aboriginal peoples.
Registration Form
Program:
Developments in Aboriginal and Indigenous Law 2023
Date:
October 11 & 12, 2023
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,395.00 plus GST of $69.75 totalling $1,464.75 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 11th, 2023 and receive a $200 discount on the registration fee ($1,195.00 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, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to 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 3, 2023). 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:
Attendance at this course can be listed for up to 9 hours of continuing professional development credits with the Law Society of BC. 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.