Indigenous Rights Beyond Borders
October 19, 2023 at 9:00AM PST
Live Webinar - online only!
Indigenous Rights Beyond Borders
October 19, 2023
Overview
The traditional territories and resources of Indigenous communities and First Nations do not always fit neatly within the colonial constructs of provincial and international borders. With reconciliation efforts steadily under way, we now face critical and challenging issues for First Nations in border communities. Addressing these issues is crucial to upholding Indigenous rights and preserving cultural heritage, and all stakeholders will need to pay close attention to Indigenous cross-border issues due to their significant social, economic, and legal implications.
This program will bring together leading experts to explore current issues relating to Indigenous rights and borders. For example, how should treaties be enforced across jurisdictions? What happens when a project is approved in one jurisdiction, but has impacts on communities located in another? How does this impact consultation and who has standing to challenge a project? Is it time to rethink the idea of citizenship? This is sure to be an increasingly urgent issue in the years to come – you won’t want to miss this program.
Please note this program is only offered online as a live webinar event.
Key Areas Addressed:
How R. v. Desautel could affect Indigenous groups with ties on both sides of the Canada-US border
Issues left unaddressed by the Supreme Court of Canada
The implications of the BC Blueberry River decision on treaty rights, cumulative impact assessments, and governments’ obligations
Key challenges and opportunities on projects that span multiple jurisdictions and territories
Recent developments in the law on when an Indigenous person can hunt outside of his or her ancestral territory, and the implications for other treaty rights
Mobility rights and UNDRIP
Potential solutions
Who Should Attend:
Indigenous leaders, officials, councillors, Elders, negotiators, administrators, and advisors
Lawyers practising in the areas of Indigenous law, immigration law, administrative law, human rights law, and constitutional law
Businesses and industries that have cross-border projects and operations
Federal, provincial and municipal government officials and policy advisors
Professionals working in the area of Indigenous relations
Negotiators and mediators for industry, government, and Indigenous communities
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
9:00 - Welcome and Introduction by PBLI
9:05 - Chairs’ Welcome and Introduction
Kate Gunn
Partner, First Peoples Law LLP
Mark Underhill, KC
Partner, Arvay Finlay LLP
9:10 - Setting the Stage: Implications of R. v. Desautel
Mark Underhill, KC
Partner, Arvay Finlay LLP
The main issues in the case
Unpacking the Supreme Court of Canada’s decision
What issues were left unaddressed?
How the decision could affect Indigenous groups with ties on both sides on the Canada-US border
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:25 - The Blueberry River Decision Two Years Later: Treaty Rights, Cumulative Impacts, and Provincial Governments
Kate Gunn
Partner, First Peoples Law LLP
Considering the implications of the Yahey v. British Columbia (Blueberry River) decision on:
Provincial governments’ obligations to uphold and protect treaty rights
Enforcing treaties across jurisdictions
Assessing cumulative impacts
Negotiating agreements with provinces
11:15 - Questions and Discussion
11:25 - Cross-Border Development - Key Challenges and Opportunities
Dr. Bruce McIvor
Partner, First Peoples Law LLP
The Crown’s obligations to Indigenous peoples when projects span multiple jurisdictions and territories (such as pipelines)
When projects are approved in one province or jurisdiction, but have impacts on Indigenous groups located in other provinces or jurisdictions
Challenges this presents for communities
Standing to challenge the project?
Lummi Nation in Washington state challenging port expansion in Canada
What role does industry play in reconciliation?
12:15 - Questions and Discussion
12:25 - Catered Lunch
1:25 - Recent Developments on Treaty Hunting Rights and The Canadian Prairies
Josh Morrison
Partner, MLT Aikins LLP
Recent developments in the law on when an Indigenous person can hunt outside of his or her ancestral territory
The Natural Resources Transfer Agreements in Alberta, Saskatchewan and Manitoba
The importance for decision makers to understand underlying historical facts and perspectives of the Indigenous Peoples whose rights are at issue
Is it still a legal grey area post-decision in R. v. Green (Saskatchewan Court of Appeal)?
Implications for other Treaty rights
2:15 - Questions and Discussion
2:25 - The Future of Indigenous Rights, Immigration, and Citizenship
Deanna L. Okun-Nachoff
Partner, McCrea Immigration Law LLP
Mark Underhill, KC
Partner, Arvay Finlay LLP
Helen Robertson
Director, Indigenous Border Crossing Division, Immigration, Refugees and Citizenship Canada
Loretta Landmesser
Director, Indigenous Affairs Secretariat
Section 19 of the Immigration and Refugee Protection Act, and fetters on Indigenous rights
Canada’s Special Rapporteur report on “Border Crossing Issues and the Jay Treaty”
Role of UNDRIP and Desautel
Reimagining the Border and Citizenship
Round table discussion on future reform and advocacy
3:15 - Questions and Discussion
3:25 - Refreshment Adjournment
3:40 - Rights Recognition in a Transboundary Context
Erin Thomson-Leach
Partner, JFK Law LLP
As more governments in Canada signal willingness to recognize the rights of Indigenous peoples, Indigenous Nations with overlapping traditional territories are working to understand how that will impact their lands, their rights, and their relationships.
Added complexity when boundaries between territories and provinces are superimposed over territories
Indigenous Nations seeking to negotiate agreements (treaty, reconciliation, or otherwise) across these boundaries face political, practical, and legal constraints
Potential strategies and questions we should all be asking of provincial, territorial, and federal governments
4:30 - Questions and Discussion
4:40- Chairs’ Closing Remarks - Forum Concludes
Meet the Co-Chairs
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Partner, First Peoples Law LLP, Vancouver, BC
Kate Gunn is a partner at First Peoples Law LLP. She represents First Nations and Indigenous groups across Canada on issues related to the protection and defence of their inherent and constitutionally protected rights. Kate holds an LLM from the University of British Columbia, where her research focused on the interpretation of treaties between Indigenous Peoples and the Crown.
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Partner, Arvay Finlay LLP, Vancouver, BC
Mark maintains a broad general civil litigation practice, with particular expertise in Aboriginal, administrative, and environmental law. He has appeared at all levels of Court, including the Supreme Court of Canada, where he most recently acted in R v Desautel. He acts regularly for a number of independent administrative tribunals and officers of the legislature. Mark has been selected by his peers to be included in Best Lawyers in Canada in the areas of Aboriginal, administrative and public, and environmental law, and has been L’expert rated in the areas of environmental and Aboriginal law.
Meet the Faculty
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Director, Indigenous Affairs Secretariat, Ottawa, ON
Loretta Landmesser is Wolf Clan from the Xwémalhkwu (Homalco) First Nation, a Coast Salish nation known as the People of the Fast-Running Waters. She holds a Bachelor of Arts from Simon Fraser University (2002) and a Master of Arts from the University of Guelph (2004), both with a specialization in Canadian Politics. She has worked in the public service for the Canada Border Services Agency since 1999. She has held several different roles, including as a border services officer, program officer and business analyst. Loretta co-established the Agency’s Indigenous Affairs Secretariat (2018), where she now serves as the Director and leads the implementation of Shared Action Plan Measure 52 of the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, which addresses Indigenous border mobility concerns. Loretta is the proud recipient of the CBSA President’s Award (2019), received as part of the Secretariat’s contribution to the Indigenous space at the CBSA. Loretta is a strong proponent of ensuring Indigenous voices are reflected in the Indigenous affairs policy space and data-driven storytelling.
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Partner, First Peoples Law LLP, Vancouver, BC
Dr. Bruce McIvor’s 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. 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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Josh Morrison practises in the areas of Indigenous law, construction and commercial litigation. Josh regularly advises and works with Indigenous communities and organizations across Western Canada on issues of central importance to Indigenous people, including Indigenous and treaty rights, specific claims, self-government issues, land management, membership laws, election laws, First Nation bylaws, governance issues, on-reserve economic development and a variety of litigation matters arising in the Indigenous community. His undergraduate studies at Gabriel Dumont College at the University of Saskatchewan focused on Métis and First Nations history in Western Canada. Josh is a member of the Indigenous Bar Association and the former Chair of the Saskatchewan Aboriginal Law (south) branch of the Canadian Bar Association.
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Partner, McCrea Immigration Law LLP, Vancouver, BC
Deanna is a Partner at McCrea Immigration Law LLP, where she focuses on litigation and permanent migration to Canada, especially for those seeking to overcome admissibility and eligibility barriers. She represents refugees, foreign nationals and permanent residents at all levels of the IRB and at the Federal Court. Deanna runs a trauma-informed practice, and has extensive experience assisting marginalized and low-income workers, victims of domestic violence, undocumented workers, and persons who have been trafficked to Canada. She also co-hosts a monthly podcast called “Borderlines” covering immigration and other border related issues.
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Director, Indigenous Border Crossing Division at Immigration, Refugees and Citizenship Canada (IRCC), Ottawa, ON
Helen Robertson is Director of the Indigenous Border Crossing Division at Immigration, Refugees and Citizenship Canada (IRCC), where she leads a small team focused on expanding the legislative right to enter and remain in Canada for Indigenous Peoples. Before this, she was Director of the Migration Control and Horizontal Policy Division, with policy responsibility for inadmissibilities, entry requirements and national security policy at IRCC.
Helen’s career in the Canadian public service includes work at the Privy Council Office, Global Affairs Canada and the Canadian Embassy in Beijing, China. Helen started her career in constitutional and native title litigation at the Australian Government Solicitor. Helen has undergraduate degrees in Ancient History from Macquarie University and Law from the University of New South Wales. She has a Masters of Law from Cambridge University.
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Partner, JFK Law LLP, Victoria, BC
Erin assists clients involved in Treaty negotiations in the BC Treaty Process. She also advises First Nations involved in Crown consultation and negotiations with industry, and provides advice regarding band governance issues, the application of the Indian Act and many other matters. Erin has developed broad experience working on a variety of issues including resource development, fisheries, forestry, land use planning on and off-reserve, environmental assessments and regulatory hearings. As a former officer in British Columbia’s Ombudsperson’s Office, Erin also has significant experience with administrative fairness issues and administrative law principles.
Erin believes in collaborating with Indigenous governments to strategically advance their communities’ rights and title in a variety of contexts. She is passionate about assisting clients to incorporate Indigenous knowledge into Crown decision-making processes and has experience working with community members to gather and present traditional land use information.
Erin is drawn to the practice of Aboriginal law because she believes non-Indigenous settlers must actively engage in reconciliation. Part of this is ensuring that governments recognize and respect Aboriginal rights and title and honour treaties. Erin believes meaningful reconciliation also involves community capacity building, supporting clients in negotiations and consultation and in establishing strong governance structures. A journalist in her past life, Erin also collaborates with clients on strategies for building public profiles and interacting with the media.
Registration Form
Program:
Indigenous Rights Beyond Borders
Date:
October 19, 2023
Location:
Live webinar - online only!
Registration:
The registration fee is $845.00 plus GST of $42.25 totalling $887.25 for webinar attendance. Registration fee covers your online attendance at the program and electronic materials.
Early Bird Discount:
Register by September 19th, 2023 and receive a $100 discount on the registration fee ($745.00 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 Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Online check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). Webinar instructions and access will be emailed prior to the program.
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 12, 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 6.25 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.