Indigenous Membership and Identity
January 30, 2025 at 9:00AM PST
Downtown Vancouver and Live Webinar
Indigenous Membership and Identity
January 30, 2025
Overview
The ways of belonging and recognition of rights arise in every Indigenous community. Membership, citizenship, status, whether someone is a beneficiary and entitled to services are all important issues.
We will explore the ways of belonging to an Indigenous community. We will also review issues regarding entitlement and funding.
It is important to determine who is a member or citizen and entitled to vote in a community. We will review concerns in drafting membership codes and election codes.
We will look at the recent Dickson decision from the Supreme Court of Canada and how it may affect your community.
We will also review fraudulent claims to Indigenous identity and what can be done in those circumstances.
Come and learn.
Come and ask your questions to our experts.
Key Areas to be Addressed:
Cultural and Traditional Ways of Belonging
Who Holds Membership Rights Pursuant to Canadian Law
The Analysis of Collective versus Individual Rights Following the recent Dickson Decision from the Supreme Court of Canada
How to Craft Membership and Election Codes
Fraudulent Indigenous Identity
Who Should Attend:
Membership officers, enrollment officers, registration officers, and band administrators
Aboriginal leaders, officials, councillors, elders, negotiators and advisors
Indigenous election officials
Lawyers practising in the areas of Aboriginal and Indigenous law and administrative law
Owners, hiring personnel, managers and representatives of companies operating on Indigenous land
Federal, provincial and municipal government officials and policy advisors
Consultants, accountants, financial planners, and others assisting Indigenous communities with financial matters and business operations
Agenda
9:00 - Welcome and Introduction by PBLI
9:05 - Chair’s Welcome and Introduction
Hugh Braker, K.C.
First Nations Summit
What is happening on the ground
The history of belonging
Indigenous Rights and Ways of Belonging
9:25 - Cultural and Traditional Ways of Belonging
Rosalind Campbell
Arbutus Law Group
Indigenous laws and their application
Ways of belonging
Who are the members?
Adoption – Formal and informal
Belonging to more than one nation
10:10 - Questions and Discussion
10:25 - Refreshment Adjournment
10:45 - Who Holds Membership Rights Pursuant to Canadian Law?
Claire Truesdale
JFK Law
Membership pursuant to the Indian Act - Status
Citizenship
Status versus membership
Beneficiary – who has rights to benefits and services in a community?
Where do you belong?
Funding and rights to land and harvesting
Settlement entitlement
Information sharing versus privacy
Off-reserve versus on-reserve?
11:40 - Questions and Discussion
12:00 - Networking Lunch
1:00 - The Collision of Collective versus Individual Rights - the Recent Dickson Decision
Krista Robertson
Mandell Pinder LLP
What was decided?
The legal tension between individual and collective rights
The right to self-definition
Protecting rights – The Section 25 shield
1:40 - Questions and Discussion
1:55 - Crafting Membership and Election Codes
Aaron Christoff
Cochrane Sinclair
Drafting membership codes for Indigenous nations
What about customary codes?
How must band by-laws be updated to deal with the Charter and other issues post Dickson?
Drafting election policies
Who is entitled to vote?
Rules for certifying elections
2:35 - Questions and Discussion
2:45 - Refreshment Adjournment
3:00 - Fraudulent Indigenous Identity
Jean Teillet
Pape Salter Teillet LLP, Emeritus Counsel
Dealing with fraudulent claims of Indigenous identity and ancestry
Embellishers and fabricators
Metis identity – community belonging / self-identification?
What are the consequences?
3:45 - Questions and Discussion
3:55 - Chair’s Closing Remarks
4:00 - Forum Concludes
Meet the Chair
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Hugh Braker is a citizen of the Tseshaht First Nation, which is located in Port Alberni on the west coast of Vancouver Island and is one of fourteen tribes of the Nuu-Chah-Nulth Nation.
After graduating from UBC Law School in 1983, Hugh practiced law in BC for more than 25 years, specializing in Indigenous rights litigation. He has appeared in all levels of court in BC and many times in the Supreme Court of Canada. He was counsel on some of the most important Indigenous rights cases in BC, including Haida v. Canada, R. v. NTC Smokehouse, R. v. Dick, R. v. Douglas, Taku v. BC, Campbell v. Nisga’a Nation, among others.
He has written and delivered 75-100 papers in his career (many published), was appointed Queen’s Counsel (Q.C.) in 2000 (revised to K.C. in 2022), and received the National Aboriginal Achievement Award in Law and Politics in 2007. He has delivered papers in Brisbane, Australia; Tasmania, Australia; Seattle, WA; Auckland, New Zealand; throughout Canada, among others. He has served on numerous Indigenous boards of Directors, including more than 25 years as president of the Native Courtworker and Counselling Association of BC.
In June 2022, Hugh was elected to serve a three-year term (2022-2025) as a member of the Political Executive of the First Nations Summit, which is mandated to carry out specific tasks related to Aboriginal Title and Rights negotiations with British Columbia and Canada and other issues of common concern to First Nations in British Columbia. He concurrently serves on the BC First Nations Leadership Council, a political leadership collective which consists of the BCAFN Regional Chief, the executive members of the Union of BC Indian Chiefs and the Political Executive of the First Nations Summit.
Meet the Faculty
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Rosalind descends from the hən̓q̓əmin̓əm̓-speaking people at xʷməθkʷəy̓əm (Musqueam) and the hul̕q̓umin̓um̓-speaking people at snəneyməxʷ (Nanaimo).
Rosalind’s legal practice is grounded in the rights and title of Indigenous peoples with a focus on self-determination and self-governance. She graduated from the University of British Columbia with a Bachelor of Laws degree in 2009 and was called to the bar of the Law Society of BC in 2010.
Prior to becoming a lawyer, Rosalind was a legal assistant and subsequently the tax administrator for the Musqueam Indian Band.
Rosalind has volunteered as a board member of Indigenous not-for-profits in the areas of live performance, education, and social services for women and children. Rosalind also volunteered on committees of several provincial entities to assist with their implementation of some of the Truth and Reconciliation Commission’s Calls to Action, UNDRIP principles and MMIWG2S Inquiry recommendations. Most recently, Rosalind was a director on the board of the YWCA Metro Vancouver bringing an indigenous perspective to that board.
Rosalind was an elected councillor of the Musqueam Indian Band from 2016 until 2024.
Rosalind’s background provides her with knowledge of Aboriginal law, an understanding of Indigenous governance, and an awareness of the process of reconciliation and the legal tools being developed to recognize and implement Indigenous rights and title.
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Aaron Christoff is an Indigenous law and litigation partner in Cochrane Sinclair’s Vancouver office. Before joining the firm, Aaron was part of the Vancouver Indigenous law group at a major international law firm, where he built a robust practice advocating for Indigenous communities.
Aaron regularly advises and represents First Nation governments on various complex issues, including Aboriginal and Treaty rights, specific claims against the Crown, self-government, elections, and governance matters. He works closely with Nations to develop and draft legislation and policies, such as custom election codes and child and family services laws under Bill C-92.
In his advocacy practice, Aaron frequently represents Indigenous clients in legal proceedings, including class actions, judicial reviews, and specific claims. He has also acted on behalf of corporate clients across diverse sectors, including tax and telecommunications. His courtroom experience spans appearances before the Supreme Court of Canada, the Supreme Court of British Columbia, the Alberta and Saskatchewan Courts of King’s Bench, Ontario Divisional Court, the Nunavut Court of Justice, the Federal Court of Canada, and administrative tribunals.
Aaron is honoured to have advised the Whitecap Dakota Nation in negotiating the historic Whitecap Dakota Self-Government Treaty, which came into effect on September 1, 2023. This treaty marks the first stand-alone, treaty-protected self-government agreement in Canada and the first self-government agreement in Saskatchewan.
A Nehiyaw (Cree) citizen of Saulteau First Nations in north-eastern British Columbia (Treaty 8), Aaron has lived, worked, and studied across Canada. His deep commitment to Indigenous rights and wide-ranging legal experience make him a trusted advocate for his clients.
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Partner, Mandell Pinder LLP, Vancouver, BC
Krista advocates for Indigenous communities through strategic negotiations, litigation, and governance building. Her focus is always on tangible results that advance self-determination and community well-being. With her diverse, national practice, Krista is a member of the law societies of British Columbia, Ontario, the Yukon and the Northwest Territories. Krista’s litigation experience encompasses criminal defense, administrative, and environmental law. She spends much of her time in the communities she works with and has experience with diverse legal contexts including historic treaties, modern land claim agreements, Aboriginal rights litigation, and a broad range of Indigenous legal systems.
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As of January 1, 2024, Jean Teillet is retired and no longer entitled to practice law. As of that date, Ms. Teillet is Emeritus Counsel with Pape Salter Teillet LLP.
Jean was long engaged in negotiations and litigation with provincial and federal governments concerning Métis and First Nation land rights, harvesting rights and self-government. She served as counsel before all levels of court, including lead counsel for the landmark case R. v. Powley in which the Supreme Court of Canada affirmed constitutional protection of Métis harvesting rights. Among other significant Indigenous rights cases, she was co-counsel with Arthur Pape in Taku River Tlingit First Nation v. B.C., the companion case to Haida Nation v. B.C., in which the Supreme Court of Canada established consultation requirements. For fourteen years she was a negotiation advisor for the Sto:lo Xwexwilmexw in the BC treaty process and was part of the Pape Salter Teillet LLP legal team on the Tlicho Land Claims and Self-Government Agreement negotiations.
Jean was a founder of the Métis Nation of Ontario and the National Aboriginal Moot. She sat on the MMIWG Federal Sub-Working group. Jean is past Vice President and Treasurer of the Indigenous Bar Association of Canada and a former member of the Canadian Judicial Council Chairperson’s Advisory Group, the National Research Advisory Committee (Métis National Council) and the Equity Committee of the Law Society of Upper Canada.
In 2020 Jean’s popular history The North-West is Our Mother won the Carol Shields History Award and was shortlisted for the Canadian Law and Society Association W. Wesley Pue Book Prize. She was awarded the Governor General’s Meritorious Service Cross for service to Canada. She has been made an honorary lifetime member of the Association of Ontario Midwives for her contributions to Ontario midwifery. Jean was awarded the Indigenous Peoples’ Council award by the Indigenous Bar Association and she received a Queen Elizabeth II Diamond Jubilee Medal and the Law Society of Upper Canada’s first ever Lincoln Alexander Award for community service. Jean has three honorary doctorates from the University of Guelph, the Law Society of Ontario and Windsor University.
Jean is a frequent author and lecturer on issues surrounding access to justice, Indigenous rights, identity, and history. Her annual publication, Métis Law in Canada was the principle resource on Métis rights and case law. She has presented internationally in Russia, Poland, Israel, Japan, United States and China. In Canada, she has spoken at conferences for the National Judicial Institute, Association for Canadian Studies, the Law Society of Ontario, the Ontario Native Justices of the Peace, the Universities of Alberta, Ottawa, Saskatoon, and Toronto, among others. She has been on faculty at the Banff Centre and the Allard School of Law where she taught self-government negotiation, methodologies for understanding traditional Indigenous law, constitutional law, and Métis law. She frequently lectured at the faculties of law across the country.
In 2019 Jean wrote a popular history, The North-West is Our Mother: The Story of Louis Riel’s People, the Métis Nation, which was published by HarperCollins and was listed as one of the Globe & Mail’s top 100 books of 2019. In 2024 the Vancouver Chamber Choir will premiere a Métis suite of songs she wrote in collaboration with Métis composer Pat Carrabre. Jean has been a fibre artist for over forty years and she created all four of the replica wampum belts in the collection at the Law School of the University of Toronto. One belt, the Two-Row Wampum Belt, hangs in Flavelle Hall at the Law School. Jean also created another belt for the Stó:lō Xwexwilmexw called the S’ólh Lets’emót Swṓqw’elh. Both the Swṓqw’elh and the Two-Row Wampum Belt are symbols of two different peoples living together with different laws and customs within a relationship built on respect and truth.
Jean received her LL.B and LL.M from the University of Toronto Faculty of Law.
Jean has been recognized as a “best lawyer” in Vancouver by Best Lawyers in Canada and as a “leading lawyer” nationally by Chambers & Partners. She was ranked as one of the “most frequently recommended” leading practitioners in the field of Indigenous law in the peer rankings published by Lexpert Magazine.
Jean currently sits on the boards of PEN Canada, the Glenbow Museum, Indspire, and Save the Children Canada.
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Claire practices Aboriginal, environmental and constitutional law at JFK’s Vancouver office with a focus on litigation, modern treaty negotiation and Indian registration (Indian status). She is passionate about pushing the law for greater recognition of Indigenous rights and self-determination, offering her clients advice that is both practical and creative. She works to make court and tribunal processes more transparent and accessible for Indigenous leadership and community members.
Claire advises Indigenous governments and individuals on a variety of legal issues. She has particular expertise in fisheries, water rights and governance, legal interests in reserve land and land management, Indigenous membership or citizenship, and Indian registration (Indian status). She also advises First Nations on these issues in modern treaty negotiations.
Claire pursues justice for her clients at courts and tribunals in specific claims, judicial review, trial and appeal proceedings on matters of Aboriginal and treaty rights, consultation and accommodation, jurisdiction, Charter rights, breach of fiduciary duty, and disputes under the Indian Act. She has appeared at the Specific Claims Tribunal, British Columbia Supreme Court, British Columbia Court of Appeal, Alberta Court of King’s Bench, Alberta Court of Appeal, Saskatchewan Court of King’s Bench, Saskatchewan Court of Appeal, Federal Court and Supreme Court of Canada. Claire is experienced intervener counsel, having appeared on behalf of interveners at the Supreme Court of Canada four times, and at other appellate courts.
Prior to joining JFK, Claire was a judicial law clerk at the Ontario Court of Appeal where she worked on a wide range of criminal and civil law issues for Justices Watt, MacFarland, Juriansz and Strathy. Claire had the honour of assisting Justice Harry LaForme of the Mississaugas of the Credit First Nation, the first Indigenous person appointed to an appellate court in Canada, with a paper on the development of Aboriginal rights under section 35 of the Constitution.
Outside of her work Claire enjoys the beautiful outdoors of BC by running, hiking, camping, skiing and playing soccer with a great team of other women just waiting for their knees to give out. Claire is a former university athlete and acted as Chair of the University of Victoria Vikes Women’s Rowing Alumni Chapter to support the next generations of student athletes. She is also a past Chair of the Aboriginal Law Section of the Canadian Bar Association (2021-2022) and of the Aboriginal Law – Vancouver Island Subsection (2016-2018).
Registration Form
Program:
Indigenous Membership and Identity
Date:
January 30, 2025
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 December 30, 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:
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 (January 23, 2025). 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 5.5 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 (*This form is for registrations of 5 or more and cannot be combined with any other promotions/discount codes.)
For individual registration, please continue with form below.