“On Our Terms” – Consent Agreements with Indigenous Nations
September 23 & 24, 2026 at 9:00AM PDT
Downtown Vancouver and Live Webinar
“On Our Terms” – Consent Agreements with Indigenous Nations
September 23 & 24, 2026
Overview
“On Our Terms”
Indigenous Nations are negotiating new agreements in relation to their Territories and resources that include true consent requirements.
These agreements are within the UNDRIP framework and offer a new model for how decisions can be made about resource development.
Explore the unprecedented opportunities for Indigenous Nations, Crown governments, and industry offered by these agreements.
Please join us and learn how these new agreements are structured and what factors need to be in place to achieve workable and successful outcomes.
Our exceptional and experienced faculty will cover the latest developments and practical issues shaping the future of resource development.
We will review the recent consent-based approvals of the Eskay Creek and Red Chris Mines. We will also study the forestry joint decision-making agreement in place within 'Namgis Territory.
This program is designed to equip you with the knowledge to navigate challenges and seize opportunities related to implementing consent requirements.
Join us as we bring together faculty and participants who will offer practical insights and strategic guidance.
Come and learn with the experts how your Nation or industry can benefit!
Key Areas Addressed:
Consent under UNDRIP and DRIPA
Recent consent agreements relating to Eskay Creek and Red Chris Mines between Tahltan Nation and Province of British Columbia
How does Section 7 of DRIPA enable consent requirements - Recent Forestry Joint Decision-Making Agreement between the 'Namgis First Nation and British Columbia
Recent Consent Agreement between Simpcw First Nation and Province of BC
Will consent replace the duty to consult?
Informing consent decision – What is required?
Conditional consent
Making the call: consent decision-making
What is achieved by requiring consent
What can we expect going forward?
This Forum is Designed For:
Indigenous leaders, officials, councillors, elders, negotiators, administrators, and advisors
Owners, managers and representatives of mining, forestry and other resource development companies
Treaty and consultation/accommodation negotiators
Lawyers practising in the areas of Indigenous law, Aboriginal law, administrative law, business law, and resource development
Federal, provincial and municipal government officials and policy advisors involved in Indigenous relations and/or resource development
Consultants, accountants, financial planners, and others assisting First Nations with financial matters and business operations
Agenda
Day One - Exploring Consent Requirements
September 23, 2026
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Virginia Mathers
Mandell Pinder LLP, Vancouver
Sean Jones
Ratcliff LLP
9:15 - Consent Under UNDRIP and DRIPA
Stephen Mussell
Mandell Pinder LLP, Vancouver
What is consent?
How are consent requirements recognized under UNDRIP?
How are consent requirements enabled through DRIPA?
What does “free, prior and informed consent” (FPIC) mean in practice?
Consent-based decision making – how does it work?
Joint decision making – how does it work?
10:15 - Questions and Discussion
10:30 - Refreshment Adjournment
10:45 - Recent Consent Agreements Relating to Eskay Creek and Red Chris Mines between Tahltan Nation and Province of BC
Rosanne Kyle, KC
Principal, Rosanne Kyle Law Corporation
Connor Pritty
Lands and Regulatory Affairs Director, Tahltan Nation
Debbie Chan
Ministry of the Attorney General of British Columbia
Context for Tahltan Consent Agreements
How does Section 7 of DRIPA enable consent requirements
What needs to be in place to make it work?
12:15 - Questions and Discussion
12:30 - Networking Lunch
1:30 - How does Section 7 of DRIPA Enable Consent Requirements - Recent Forestry Joint Decision-Making Agreement between the 'Namgis First Nation and BC
Sean Jones
Ratcliff LLP
Councillor Kelly Speck
Forestry Lead, 'Namgis First Nation
How a Joint Decision-Making Agreement was achieved
What needs to be in place to make it work?
2:15 - Questions and Discussion
2:30 - Refreshment Adjournment
2:40 - Recent Consent Agreement between Simpcw First Nation and Province of BC
Tracey Strain
Simpcw First Nation
Jennifer Hill
BR Law
3:10 - Questions and Discussion
3:25 - Faculty Roundtable – Will Consent Replace the Duty to Consult?
Will consent requirements replace the duty to consult?
Consent requirements available under Modern Treaties and other agreements?
3:55 - Chairs’ Closing Remarks for Day One
4:00 - Forum Concludes for Day One
Day Two - Key Components and Implementation of a Consent Agreement
September 24, 2026
9:00 - Chairs’ Welcome to Day Two
Virginia Mathers
Mandell Pinder LLP, Vancouver
Sean Jones
Ratcliff LLP
9:10 - Informing Consent Decision – What is Required?
Connor Pritty
Lands and Regulatory Affairs Director, Tahltan Nation
Anna Usborne
Advisor to the TCG Lands Dept, Tahltan Nation
Councillor Kelly Speck
'Namgis First Nation
David Grace
Environmental Assessment Office Government of British Columbia
Mike Green
'Namgis First Nation
Nation-led assessments
Community engagement
Engagement with industry
Readiness of all parties
Continuity of people involved
Capacity and awareness of the community
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - Conditional Consent
Norm Maclean
TCG Lands Department, Tahltan Nation
Virginia Mathers
Mandell Pinder LLP
Jessica Warner
Environmental Assessment Office Government of British Columbia
Tracy James
Environmental Assessment Office Government of British Columbia
What is conditional consent?
How are conditions developed?
How are conditions enforced?
11:15 - Questions and Discussion
11:25 - Making the call: Consent Decision-Making
TCG President Kerry Carlick
Tahltan Nation
Councillor Kelly Speck
Forestry Lead, 'Namgis First Nation
Debbie Chan
Ministry of the Attorney General of British Columbia
Who makes the decision?
How are decisions made?
How are decision-makers held accountable for their decisions?
Procedural fairness and conflicts of interest
12:15 - Questions and Discussion
12:30 - Networking Lunch
1:30 - What is Achieved by Requiring Consent
Nalaine Morin
VP Sustainability, Skeena Resources Limited
Greg Norton
Director Permitting and Consultation, Block Cave Project, Newmont
Better and safter resource development?
Certainty?
Shared successes?
2:40 - Questions and Discussion
2:50 - Refreshment Adjournment
3:05 - Faculty Roundtable – What Can We Expect Going Forward?
Increasing trust and certainty for all parties?
Avoiding impact on Inherent Rights?
Removing the fear of UNDRIP and DRIPA?
3:45 - Questions and Discussion
3:55 - Chairs’ Closing Remarks
4:00 - Forum Concludes
Meet the Co-Chairs
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Partner, Mandell Pinder LLP
Virginia’s practice includes advocacy, negotiations, and strategic advice with respect to Indigenous governance, inherent, Aboriginal, and Treaty rights, natural resource management, and relationships between Indigenous and Crown governments. Passionate about advancing the economic and cultural wellbeing of Indigenous Peoples and communities through the recognition and implementation of their rights and Title, Virginia’s negotiation practice includes reconciliation agreements and modern treaty agreements, as well as accommodation and consent-based agreements with Crown governments and industry. Her experience includes working for the Tahltan Nation on the development and implementation of the first ever consent-based decision-making agreements under the Declaration on the Rights of Indigenous Peoples Act.
Virginia regularly provides support to Indigenous governments in relation to proposed resource development, where her approach includes developing strategies for implementing free, prior, and informed consent, integrating Indigenous law, knowledge, and values into assessments, working with experts and knowledge holders, and negotiating with Crown governments and industry representatives on matters relating to shared and consent-based decision-making, consultation, and accommodation. Virginia particularly enjoys getting to work with clients in their Territories and is grateful for the opportunity to work for and learn from Indigenous governments and people.
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Associate Counsel, Ratcliff LLP
Sean practises Indigenous, environmental and regulatory law, with a focus on natural resource law. He has extensive experience on fisheries issues, federal and provincial environmental assessments and advocating for the rights of Indigenous communities.
Sean uses his knowledge of Indigenous, environmental and regulatory law to advise clients across all natural resource sectors. He regularly advises clients on project approvals and challenging approvals when necessary.
Sean acted as legal counsel in the first ever implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Canada. As a result, he was part of a team that won the Premier’s Award for promoting innovation and excellence.
He has advised clients on major projects and negotiated commercial agreements between industry and Indigenous communities. He has represented First Nations in Federal Court and has appeared at all levels of court in British Columbia.
He also has advised clients across all natural resource sectors including oil and gas, mining and forestry. He has a wealth of experience in the fisheries context, including aquaculture.
He also advises Indigenous communities on economic development and governance issues.
Prior to entering law, Sean was a communications professional who served in a variety of industry and government roles. He taught communications at Douglas College and BCIT in Vancouver.
Meet the Faculty
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President, Tahltan Central Government (TCG), Tahltan Nation
Kerry Carlick is the President of the Tahltan Central Government (TCG), the central administrative governing body of the Tahltan Nation representing approximately 5,000 members living on and off-reserve. His work as President centers on wellness, bringing a holistic perspective to the development and stewardship of people, relationships, and resources in the Territory. Since his election, Kerry has led the Tahltan Nation through the first consent decision by a First Nation’s Government for a resource project in BC, under Section 7. of the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
Before his election as TCG President, Kerry spent over a decade working in Fisheries, most recently as the TCG Fisheries Manager. Kerry also served as interim CAO for the Tahltan Central Government, leading the administration of the Central Government’s initiatives.
Kerry lives in Tahltan Territory in Dease Lake with his son, Kateti and his partner, Tamlyn.
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'Namgis First Nation
Mike was born in ‘Namgis Territory on Northern Vancouver Island and lives with his family in Hyde Creek. He has worked in many diverse roles in the BC Forest Industry in operations, planning, and management over the last 30+ years, mostly in Kwakwaka’wakw Territories. Mike received a Bachelor of Science at the University of Victoria and is committed to healthy ecosystems and a sustainable economy in the North Island. He is a board member for the Mount Cain Alpine Park Society and the North Island Community Forest and is passionate about outdoor activities; especially skiing, mountain biking, and hiking. Mike has worked for many years as a Forestry Advisor to ’Namgis First Nation including work on the Gwa’ni Project, the TFL 37 Forest Landscape Plan Pilot, and negotiations for the Section 7 agreement with BC for Shared Decision-Making for the establishment of a FLP and FOP for TFL 37.
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Senior Counsel, Ministry of the Attorney General of British Columbia
Debbie Chan is Senior Counsel with the Indigenous Legal Relations group in British Columbia's Ministry of Attorney General. With more than 20 years of experience in Aboriginal law, she advises on matters relating to Indigenous peoples’ rights, consultation, reconciliation, and government-to-government relationships with First Nations. Debbie has been involved in a range of initiatives related to British Columbia's Declaration on the Rights of Indigenous Peoples Act since its introduction in 2019, including new approaches to decision-making.
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Environmental Assessment Office Government of British Columbia
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BR Law
Jen is a solicitor practicing primarily in economic development for Indigenous governments and Indigenous-owned businesses.
Jen regularly advises Indigenous governments, economic development corporations and Indigenous-controlled businesses/partnerships on a wide range of commercial, rights and title, and natural resource issues. She supports her clients in all phases of a proposed natural resource project - this includes the assessment of projects through her client’s own laws and processes, as well as, federal and provincial assessment processes; negotiating project agreements with proponents; and economic reconciliation agreements with Crown (including land transfers and forestry transactions). Jen also has significant experience in working with economic development arms to form and structure relationships and partnerships to pursue contracting opportunities. Supporting clients in implementing project agreements has sharpened her ability to negotiate and draft solid project agreements for various sectors including: resorts, LNG facilities, mining, hydro and pipeline projects. Jen enjoys building strategic relationships to achieve her client’s interests and goals in a sustainable manner that aligns with their values. Jen also advises on land transactions and developments both on and off reserve, including commercial leasing under the First Nations Land Management Act.
Jen has also developed expertise in governance work. She is passionate about working with Indigenous Nations and organizations, getting to know their communities, interests and goals. Jen is always grateful to support her clients in developing and documenting their governance policies and laws to recognize their authority, jurisdiction and legal orders. Jen has been privileged to assist clients in developing independent environmental assessments and internal governance documents such as election and membership codes.
Jen’s father is a member of the Delaware Nation at Moraviantown in Ontario. She is kept busy with her young family and enjoys raising little Maple Leafs fans in BC.
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Principal, Rosanne Kyle Law Corporation
Rosanne practises in the area of Aboriginal Law. She has been a trusted advisor to Indigenous clients for over 30 years, representing First Nations in litigation, negotiations, regulatory processes for resource development projects and consultation processes.
Rosanne has appeared at every level of court in Canada, including the Supreme Court of Canada, and has been legal counsel on a number of first-of-their-kind First Nation reconciliation agreements in British Columbia, including the first consent-based decision-making agreements under BC’s Declaration on the Rights of Indigenous Peoples Act.
It has been her privilege to work collaboratively with her clients for over 30 years, to help achieve reconciliation of their section 35 rights.
Recognized as a leading lawyer in the Aboriginal law field in the Canadian Legal Lexpert Directory for several years, Rosanne has also been repeatedly listed in Best Lawyers in Canada, the Doyle Guide, and Chambers Canada. In 2022, Canadian Lawyer named Rosanne in its list of the Top 25 Most Influential Lawyers 2022. She was also asked to become a “Woman for Nature” with Nature Canada, in recognition of her work in the Aboriginal and environmental law fields.
Rosanne was appointed King’s Counsel in 2023.
In addition to representing First Nations in court, Rosanne also has been counsel to First Nations before regulatory bodies such as energy boards and environmental assessment panels.
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Senior Vice President Environment & Social Affairs, Skeena Gold & Silver
Ms. Morin has extensive technical experience in both mining and environmental assessment processes, and is well known for her work to build positive relationships that recognize the role of Indigenous Nations in decision making on Indigenous Lands. Prior to joining Skeena, she was the Lands Director for the Tahltan Central Government. Ms. Morin has been recognized for her leadership as recipient of the 2021 Skookum Jim Award, 2018 Indigenous Trailblazer Award and the 2018 Aura Award. She is also a board member of BC Hydro. Ms. Morin is a nationally recognized professional that has managed environmental reviews of several large resource development projects on behalf of Indigenous Nations. She holds a Bachelor of Applied Science degree from the University of British Columbia and a Mechanical Engineering Technology Diploma from the British Columbia Institute of Technology.
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Councillor, Forestry Lead, 'Namgis First Nation
Councillor Kelly Speck, BA (Political Science) University of Victoria; Masters (Public Administration), Queens University.
Councillor Speck has been an elected councillor of 'Namgis First Nation since 2013. Her portfolios include: Natural Resources - forestry lead for negotiations with BC, Canada and Industry. Her key projects include - Gwa'ni Land Use Planning Project; Pilot Project for Draft Forest Landscape for TFL37; Designated NFN decision-maker under the Section 7 agreement with BC for shared Decision-Making for establishment of a FLP and FOP for TFL 37; and Development of Forest Management Plan with Mosaic Forest Management.
Councillor Speck is also the Chair of the 'Namgis Health Board where she was involved in the negotiation of the Memorandum of Understanding with Island Health to improve services to Cormorant Island and the oversight of construction of a new wellness center. In addition, she has been the Interim Senior Administrator since January 2026.
Previously, from 1989 to 2003 Councillor Speck worked with the Province of British Columbia in various positions including ADM (Aboriginal Affairs, Skill& Training), Executive Director (Attorney General), Commissioner of Investigation & Mediation (BC Human Rights Commission) and Vice President (BC Transportation Financing Authority). From 2003 to 2013 she was the Regional Vice-Chair and Member of the Parole Board of Canada, Pacific Region.
Councillor Speck is also the recipient of the Lt Governor's Silver Medal for Excellence in Public Service and the Queen's Diamond Jubilee Medal.
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TCG Lands Department, Tahltan Nation
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Director Permitting and Consultation, Block Cave Project, Newmont
Greg is a graduate of the University of British Columbia and University of Guelph, with degrees in earth and ocean science, and water resource engineering. He has worked in BC's mining industry as a consultant and operator for more than 20 years ago, including time with Pretium Resources, Newcrest Mining Ltd., and Newmont. His roles, extending to executive management, have ranged across environmental operations, sustainability program development, impact assessment, permitting, social performance, and Indigenous and government relations. Recently Greg was Newmont's regulatory lead on the major approvals and Tahltan Consent process for the Red Chris Block Cave Project, in northwest British Columbia.
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Councillor, Simpcw First Nation
Tracey Eustache-Strain, whose traditional family name is Specmic, serves on Chief and Council of Simpcw First Nation, a Secwépemc Nation in British Columbia’s North Thompson Valley. She brings more than 20 years of experience working in Indigenous child and family services, community development, program management, policy, and strategic planning. Her professional background includes roles with the Ministry of Children and Family Development, Interior Health, Indigenous child and family service organizations, and Thompson Rivers University, where she is a Sessional Instructor in the Human Rights and Social Justice program. She holds a Master of Social Work in International and Social Development from the University of British Columbia and has focused much of her career on strengthening culturally grounded services and integrating Indigenous ways of knowing into programs, policy, and practice. Tracey has also contributed to academic and community initiatives, including the Thompson Rivers University Secwépemc Research Ethics Working Group, has served as a speaker and facilitator at a Poverty Reduction Forum in Vancouver, as well as a presenter and guest instructor with universities and post-secondary programs.
In her role on Chief and Council, Tracey is involved in advancing Simpcw Title, Rights, jurisdiction, and responsibilities within Simpcwúl̓ecw. Her work includes government-to-government negotiations, child and family wellbeing jurisdiction, and Simpcw’s participation in the implementation of the Declaration on the Rights of Indigenous Peoples Act. She brings both professional and political experience to these discussions, with a particular interest in ensuring that relationships with governments and proponents are grounded in respect for Indigenous jurisdiction, meaningful engagement, and the right of Indigenous Nations to determine how decisions affecting their lands, waters, families, and communities are made. At the heart of Tracey’s leadership is a deep connection to tmicw (the land), the waters, animals, and people of Simpcw. This connection shapes how she understands her responsibilities as a leader and her commitment to protecting the relationships, teachings, and responsibilities that have connected Simpcw people to their territory since time immemorial. Her experience working across government, community, academia, and service systems provides a practical perspective on what it means to move from consultation toward relationships that recognize Indigenous Nations as governments and rights-holders.
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Lands and Regulatory Affairs Director, Tahltan Nation
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Environmental Assessment Office Government of British Columbia
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Environmental Assessment Office Government of British Columbia
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Associate, Mandell Pinder LLP
Stephen is Michif (Métis) and a citizen of the Manitoba Métis Federation. Among others, his mother Constance Mussell’s (née Waldo) family is descended from the Brown, Whitford, Price, Spence, and Cook families, and his father Michael Mussell’s family is descended from the Klyne, LaFrance, Cyr, and Nolin families.
Stephen is committed to using his western legal education and his belief in the inherent weight and force of Indigenous legal orders to bring about transformational change. His practice focuses on advancing the legal rights of Indigenous Peoples and supporting Indigenous Peoples in exercising their right to self-determination. Stephen is driven by a desire to continue the good work of those who came before him, and to leave a better world for future generations.
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Advisor to the TCG Lands Dept, Tahltan Nation
Anna Usborne has over 15 years of experience learning from and supporting First Nations to exert their rights and Title and exercise their decision-making authority in provincial and federal environmental assessments. She has further worked to negotiate and implement co-governance agreements for land, marine, and protected area management and played a foundational role in the establishment of the Metlakatla Cumulative Effects Management Program, an initiative now viewed as a model for First Nation-led cumulative effects initiatives. Most recently, Anna has supported the Tahltan Central Government to implement their consent-based decision-making agreement under the Declaration on the Rights of Indigenous Peoples Act for expansion of the Red Chris Mine.
Anna operates Usborne Environmental and collaborates across environmental, community wellbeing, health, and decision-support sectors with colleagues at the Eskina Collaboration.
Anna holds a BSc from McGill University and a Masters of Resource and Environmental Management (Planning) from Simon Fraser University. With substantial training in the fields of facilitation and conflict resolution, Anna thrives when developing creative solutions across tables and between entrenched positions.
Registration Form
Program:
“On Our Terms” – Consent Agreements with Indigenous Nations
Date:
September 23 & 24, 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 August 26, 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:
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 (September 16, 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 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.