Haida Nation and British Columbia Pave the Way: Aboriginal Title Through Negotiation

June 13, 2024 at 9:00AM PST

Downtown Vancouver and Live Webinar

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Description
Agenda
Faculty

Haida Nation and British Columbia Pave the Way: Aboriginal Title Through Negotiation

June 13, 2024

Overview

British Columbia recognizes and affirms Aboriginal Title on Haida Lands. This is the first time in Canadian history that a government has recognized Aboriginal Title through negotiation rather than litigation. The Gaayhllxid / Giihlagalgang “Rising Tide” Haida Title Lands Agreement is the first of its kind in Canada, signalling a new approach to Recognition and Affirmation of Aboriginal Title.

Join us as we review the history and the Rising Tide Agreement with the experts at this historic time in British Columbia.

Premier David Eby, Haida Nation Council President Gaagwiis (Jason Alsop), Minister of Indigenous Relations and Reconciliation Murray Rankin and Haida Nation Council Vice-President Stephen Grosse (not pictured) signed the “Gaayhllxid/Gíihlagalgang ‘Rising Tide’ Haida Title Lands Agreement” in Haida Gwaii on April 14, 2024. (Government of B.C./YouTube)

Key Areas Addressed:

  • The evolution of Aboriginal Title in Canada

  • The Haida road travelled

  • The spirit and content of the "Rising Tide" Haida Title Lands Agreement

  • A new way of negotiating Aboriginal Title

  • The Challenges of the Agreement

  • A discussion of "Is Private Property at Risk?"

  • The Path Forward

  • The historic nature of this Agreement

Who Should Attend:

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

  • Federal, provincial and municipal government officials and policy advisors

  • Lawyers practising in the areas of Aboriginal law, resource development, real estate and business and administrative law

  • Owners, managers and representatives of resource development companies and companies operating on Crown land

  • Consultants, accountants, and others assisting First Nations with financial matters and business operations

Agenda

9:00 - Welcome by PBLI

9:15 - Chair’s Welcome and Introduction

Geoff Plant, KC
Gall Legge Grant & Zwack LLP

9:30 - The Road Travelled

Guujaaw
Haida Nation

Louise Mandell, KC
Mandell Pinder LLP

10:10 - Questions and Discussion

10:20 - Morning Adjournment

10:35 - Keynote: Foundational Aspects of the Gaayhllxid - Giihlagalgang “Rising Tide” Haida Title Lands Agreement

Gaagwiis (Jason Alsop)
President of the Council of the Haida Nation

  • Recognition and affirmation of Haida Aboriginal Title to Haida Gwaii

11:10 - The Construction and Content of the Agreement

David Paterson
Paterson Law

Becky Black
Province of British Columbia

  • Contents of the Agreement:

    • Recognition of title

    • Haida recognition of private property, local governments and existing services

    • Reconciliation of jurisdiction and laws

  • The role of Canada

11:55 - Questions and Discussion

12:05 - Networking Lunch

1:00 - Keynote: A New Way of Negotiating Aboriginal Title

Minister Murray Rankin
Minister of Indigenous Relations and Reconciliation of British Columbia

  • A new approach - unprecedented in Canada

  • Certainty and the transition process

1:35 - Questions and Discussion

1:45 - The Challenges of the Agreement

Guujaaw
Haida Nation

Tom McCarthy
Deputy Minister, Ministry of Indigenous Relations and Reconciliation of British Columbia

Sharon G.K. Singh
Bennett Jones

Tom Isaac
Cassels Brock & Blackwell LLP

  • Is Private Property At Risk?

2:50 - Questions and Discussion

3:05 - Afternoon Adjournment

3:15 - Haida Laws - The Road Ahead - Coming Full Circle

Terri-Lynn Williams Davidson, KC
White Raven Law

Michael Jackson, KC
Professor of Law, University of British Columbia

4:35 - Questions and Discussion

4:50 - Chair’s Closing Remarks

4:55 - Forum Concludes

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Meet the Chair

  • Counsel, Gall Legge Grant & Zwack LLP, Vancouver, BC

    Geoff Plant provides public law and policy advice and representation. He was the Attorney General of British Columbia and Minister Responsible for Treaty Negotiations from 2001 to 2005. In 2012 Mr. Plant was named one of Canada’s most influential lawyers by Canadian Lawyer Magazine.

    Mr. Plant was first elected to the British Columbia Legislature in 1996 and from 1996 to 2001 was Opposition Justice Critic, as well as serving on a number of legislative and caucus committees. As Attorney General, Mr. Plant was the Chair of the Legislative Review Committee, the Minister responsible for the creation and oversight of the Citizens’ Assembly on Electoral Reform, and the Minister responsible for the negotiation of the New Relationship, the first-ever political accord between the Government of British Columbia and the province’s three aboriginal political organizations.

    Prior to his election to the Legislature, Mr. Plant practised as a litigation lawyer with particular emphasis on aboriginal and public law. He was counsel in a number of leading aboriginal rights and title cases, including the landmark case of Delgamuukw v. British Columbia. He has lectured and written extensively on aboriginal law, public law and law reform.

    Since re-entering law practice in 2005, Mr. Plant has been appointed senior advisor to the Government of British Columbia in land and resource negotiations with the Council of Haida Nation and the First Nations Leadership Council, he has undertaken more than two dozen successful mediations in a dispute between investors and a major Canadian mutual fund company, and has provided strategic advice to a number of BC businesses on establishing effective relations with First Nations.

    In 2006, Mr. Plant was appointed as a Special Advisor to the Premier and Minister of Advanced Education to lead a project called “Campus 2020: Thinking Ahead”, the first comprehensive review of post-secondary education in British Columbia in over 40 years. His report, entitled Access and Excellence: The Campus 2020 Plan for British Columbia’s Post-Secondary Education System, was released in April 2007.

    From May 2007 until February 2009, Mr. Plant served as Vancouver’s Civil City Commissioner. From 2010 until June 2017, he served as board chair of Providence Health Care, one of the largest faith-based health care organizations in Canada, operating 14 sites in Vancouver, including St. Paul’s Hospital.

    In 2012 Mr. Plant was appointed chief legal strategist for the BC Government in the proceedings of the Joint Review Panel considering the Northern Gateway Pipeline. From 2015 to 2021 he served as Chancellor of Emily Carr University of Art and Design.

    Mr. Plant has been recognized as a leading practitioner in the area of aboriginal law in the 2013 Canadian Legal Lexpert Directory and in the 2013 to 2018 editions of The Best Lawyers in Canada (Woodward/White).

    On August 1, 2022 Mr. Plant was appointed to the Order of British Columbia.

Keynote Speakers

  • President, Haida Nation, Haida Gwaii

    Elected President of the Haida Nation and a member of the Ts’aahl Eagle Clan, Gaagwiis has been involved in the governance of the Haida Nation since 2010. He has served the community as a manager, leader and educator, including managing Haida Heritage sites, visitor interactions, tourism infrastructure and planning related to Haida culture and language, and Indigenous tourism development on Haida Gwaii, the Northern BC region and provincially.

    Gaagwiis was one of inaugural instructors of the Haida Gwaii Higher Education Society (Haida Gwaii Semester in Reconciliation Studies) and is a graduate of Royal Roads University with MA in Tourism Management. His Masters research project examined the landmark Gwaii Haanas Agreement as a demonstration of reconciliation in action. His research, which explored the effectiveness of the agreement at meeting employment and training objectives from a Haida community perspective, was recognized with a Governor Generals Gold Medal award in 2018.

    During his time with the Council of the Haida Nation, Gaagwiis has served on SGaan Kinghlas/Bowie Seamount management board and as a member of the Archipelago Management Board of Gwaii Haanas National Park Reserve, National Marine Conservation Area Reserve, and Haida Heritage Site.

  • Minister of Indigenous Relations and Reconciliation, Victoria, BC

    Murray Rankin was elected the MLA for Oak Bay-Gordon Head in 2020. He is the Minister of Indigenous Relations and Reconciliation. Murray is a lawyer with expertise in environmental, Indigenous, and public law. He holds law degrees from the University of Toronto and Harvard Law School. He was elected as the Member of Parliament for Victoria and served from 2012 until 2019. During this period, he was appointed Justice and Attorney General critic, Health critic and also served as NDP House Leader. From 2019 to 2020 he was the Chair of Canada’s National Security and Intelligence Review Agency, overseeing all national security and intelligence activities carried out by the Government of Canada. Previously he was a University of Victoria professor of law and taught environmental and administrative law. During this period, he helped develop groups such as the West Coast Environmental Law Association and the BC Public Interest Advocacy Centre. More recently, he served as community co-chair of the Environmental Law Centre at the University of Victoria, a student-run legal clinic doing public interest work in environmental law. Throughout his career he has been a dedicated advocate for climate action, accessible health care and child-care and has worked extensively to advance reconciliation with Indigenous peoples.

Meet the Faculty

  • Legal Counsel, Ministry of Justice and Attorney General, Victoria, BC

    Becky Black is legal counsel with the Ministry of Attorney General, Indigenous Legal Relations solicitor’s unit. Becky provides advice to the provincial government on the negotiation and implementation of agreements with Indigenous nations. Becky is a UVic alumna (B.A. 1997) (LL.B 2004). She worked as counsel to the BC Supreme Court, assisting Mr. Justice Vickers on the Tsilhqot’in Nation trial (2005 – 2007). She has been practicing Aboriginal law with the Ministry of Attorney General since 2007.

  • Guujaaw is born a Raven,

    a hunter gatherer by nature,

    a carpenter and carver by trade and a singer,

    President of the Haida Nation for 13 years, now Hereditary Chief “Gidansda” of Skedans and a negotiator for the Haida Nation.

    Guujaaw is also a plant medicine practitioner.

  • Partner, Cassels Brock & Blackwell LLP, Vancouver, BC

    Thomas Isaac is a Partner in the Business Law Group at Cassels and serves as Chair of the firm’s Aboriginal Law Group. A nationally recognized authority in Aboriginal law, Tom advises business and government clients across Canada on Aboriginal legal matters and related environmental assessments, negotiations, and regulatory and constitutional issues. Tom has extensive national experience advising energy, oil, gas, pipeline, mining and forestry companies, lenders and investors, and federal, provincial, territorial and municipal governments and agencies on Aboriginal and project-related regulatory and environmental matters. He regularly negotiates on behalf of industry and governments concerning impact, benefit, economic development, replacement tenures, and access agreements with Aboriginal groups, and advises on Aboriginal consultation and accommodation processes and agreements. In recognition of his important and significant work in this area, Tom was honoured as one of Canada’s “Top 25 Most Influential” lawyers by Canadian Lawyer magazine in 2018.

    Tom is presently serving as the Minister’s Special Representative for the Minister of Indigenous and Northern Affairs to conduct exploratory discussions on the Gottfriedson class action lawsuit against the Government of Canada relating to residential school day students.

  • Professor of Law, University of British Columbia, Vancouver, BC

    Professor Jackson has specialized and published widely in the areas of Correctional Law and Penal Policy and Aboriginal and Treaty Rights. He has been involved as a researcher or counsel in many of the Aboriginal rights cases that have come before the Supreme Court of Canada over the past 25 years. He is a Solicitor of the Supreme Court of Judicature (UK), a Member of the Bar of British Columbia, and a Professor of Law at the University of British Columbia. He was appointed Queen's Counsel in 1999.

    Professor Jackson was co-counsel in the Haida Nation litigation in which the Supreme Court affirmed a Crown duty to consult and accommodate First Nations in relation to resource development decisions affecting lands to which they have asserted Aboriginal rights and title. He was also co-counsel in the Gitksan Wet'suwet'en land claims case, Delgamuukw v. The Attorney-General of British Columbia.

    Professor Jackson also served in as a consultant to the Law Reform Commission of Canada and authored In Search of the Pathways to Justice: Alternative Dispute Resolution in Aboriginal Communities. He has also authored two major reports, Justice Behind the Walls and Locking Up Natives in Canada. Professor Jackson also published Prisoners of Isolation: Solitary Confinement in Canada, as well as Sentences That Never End.

    Professor Jackson received a Bachelor of Laws from Kings College, London and a Master of Laws from Yale Law School.

  • Lawyer, Paterson Law, Vancouver, BC

    David’s career has focussed on the representation of Indigenous peoples and First Nations since 1985 when he became involved with the Haida Nation’s defence of Athlii Gwaii (Lyell Island). He has argued cases across Canada and at all levels of Courts. He was co-counsel in the landmark Delgamuukw case. He is part of the Haida Legal Team in its title litigation and was directly involved in the negotiation of the Haida Title Lands Agreement in 2024.

    David was involved in the fight over Indian Residential Schools, appearing before both a Parliamentary Committee and the Supreme Court of Canada. He was co-counsel in the Baxter national class action and took part in settlement negotiations including helping to draft the injury compensation process (the IAP) and the Truth and Reconciliation Commission (TRC) mandates. Following the settlement, he was a member of the Oversight Committee supervising the IAP, and the Parties’ Advisory Committee to the TRC, as well as representing many individual claimants.

    David has lectured widely and served, from 2000 to 2004, and 2018 to present as Chair of the Indigenous Peoples and the Law Committee of the International Bar Association. He is a former Chair of the South Fraser Regional Health Board and the Health Association of BC and presently serves as Board Secretary for Reconciliation Canada.

    He is a graduate of McGill Law School, a former law clerk to the BC Court of Appeal, and was called to the Bar in 1984.

  • Senior Counsel, Mandell Pinder LLP, Vancouver, BC

    In 1983, Louise was one of the founding partners of Mandell Pinder, a law firm specializing in Aboriginal and treaty rights law. In 2011, Louise moved out of the day-to-day practice of law but remains connected in the esteemed capacity of Counsel to the firm. She is part of the Haida Legal Team in its title litigation and was directly involved in the negotiation of the Haida Title Lands Agreement in 2024.

    On behalf of her many First Nations clients, Louise has devoted her professional life to the advancement of their Aboriginal Title and Rights and Treaty Rights. She was brought into the area of Aboriginal law when it was in its infancy, working under the direction of the late Grand Chief George Manuel, President of the Union of B.C. Indian Chiefs and the World Council of Indigenous Peoples. Acting for UBCIC, Louise was legal counsel in their fight against the patriation of the Constitution. Since then, she has devoted her efforts to implementing constitutional change, including through advancing alongside one or more of her Mandell Pinder colleagues many of the leading cases, such as: Guerin, Sparrow, Van der Peet, Delgamuukw, Haida, Bartleman, Saanichton Marina, Morris and Olsen, Osoyoos, the historic costs order decision in Jules and Wilson and she was intervenor counsel in the Tsilhqot’in case.

    Louise received a Degree in Education at UBC before graduating from Law School, and was selected by UBC Faculty of Law as one of the two outstanding alumni from each decade (UBC Alumni Magazine: “Selecting the Twelve”, Fall 2005, pp. 16 – 29 at p. 23).

    Louise was appointed Queen’s Counsel in 1997 and, in 2001, was awarded the Georges Goyer Q.C. Memorial Award for exceptional contribution to the development of Aboriginal and Treaty Rights jurisprudence across the country. In 2013, the Union of B.C. Indian Chiefs recognized and honoured her by creating The Louise Mandell Legal Research Collection.

    In June, 2012, Louise received an Honourary Doctor of Laws from Simon Fraser University. And in October, 2014, was appointed as the second Chancellor of Vancouver Island University.

  • 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.

  • Partner, Bennett Jones LLP, Vancouver, BC

    Sharon Singh provides advice on regulatory, climate change, environmental, governance and Aboriginal law matters to a variety of sectors central to the Canadian economy, including infrastructure, natural resources, manufacturing, construction and agribusiness.

    Sharon’s perspective and approach are informed by over a decade of experience working in industry and allows her to provide pragmatic, strategic, and innovative solutions to proponents and operators. She has a proven ability to create and leverage collaborative relationships with Indigenous nations, local communities and regulators, including to implement Environmental, Social and Governance (ESG) and Corporate Social Responsibility (CSR) performance, diligence, and reporting within organizations.

    Sharon is regularly asked to speak on sustainability, ESG, human rights, Indigenous relations, environmental assessments and related trends. She has earned trusted advisory relationships with industry and trade associations, governments, Indigenous and local communities, and the not-for-profit sector. Sharon skillfully leverages her previous industry experience, diverse client base, and expertise and experience as a board member and policy advisor to provide comprehensive, strategic and focused advice to clients.

  • Principal and Senior Legal Counsel, White Raven Law Corporation

    A citizen of, and General Counsel, to the Haida Nation, Terri-Lynn has practised in Indigenous-environmental law since 1995 when she began representing the Haida Nation at all levels of court, including the Supreme Court of Canada. She was lead counsel in litigation to protect the old growth forests of Haida Gwaii in the Haida case, the leading case on consultation and accommodation of Indigenous rights. She is counsel for the Haida Nation’s aboriginal title case and related reconciliation negotiations—which have resulted in innovative agreements with British Columbia and Canada—as well as other litigation including successfully challenging the Enbridge Northern Gateway Project, and injunctive relief for herring.

    Terri-Lynn serves on the Law Society of British Columbia Truth and Reconciliation Advisory Committee, the Federation of Law Societies of Canada’s Indigenous Advisory Council, the Dean’s Advisory Committee for the Centre for Business Law at Allard School of Law, and she is Co-Chair of the Indigenous Engagement in Regulatory Matters Task Force. She is a co-principal investigator with the Canada Climate Law Initiative. Terri-Lynn has been honoured with the Peoples’ Choice Andrew Thompson Award for lifetime contributions to environmental protection and sustainability (2014); the Courage in Law Award from the Indigenous Law Students Association at Allard Law School (2018); Canadian Lawyer’s Top 25 Most Influential Lawyers in the category of “Changemakers” (2020); Maclean’s “Power List”, ranking 21 of 50 Canadians who are breaking ground in their field (2021); and recognized as one of 500 most influential business leaders in BC in the General Counsel category (2022). In 2021 she was appointed as King’s Counsel, and in 2023 she received the Ecotrust Indigenous Leadership Award.

    Terri-Lynn is also a multi-award-winning performer, an artist, dancer, and author, and is currently a PhD student at Allard School of Law, UBC.

Registration Form

Program:

Haida Nation and British Columbia Pave the Way: Aboriginal Title Through Negotiation

Date:

June 13, 2024

Location:

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

Registration:

The registration fee is $890.00 plus GST of $44.50 totalling $934.50 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 May 16th, 2024 and receive a $100 discount on the registration fee ($790.00 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. (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 (June 6, 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

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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 6.5 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.