Indigenous Rights to Water Forum

May 20 & 21, 2026 at 9:00AM PDT

Downtown Vancouver and Live Webinar

Indigenous Rights to Water Forum

May 20 & 21, 2026

Overview

Water is life.

Indigenous use of, and jurisdiction over, water resources, marine areas, the seabed and the foreshore are critically important issues in Canada. They have both domestic and international dimensions.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes Indigenous peoples’ spiritual connection to water, and their rights to determine how water resources in their territories are used.

Issues relating to water, the seabed and the foreshore are increasingly arising in Indigenous-Crown litigation, including in the Cowichan and Haida title cases. Ways to address water-related challenges are also being negotiated in treaty and reconciliation agreements between Indigenous peoples and Crown governments, and in international agreements.

Come and learn how rights to water affect Indigenous communities - the need for safe drinking water and what is being done about it. We will also explore sustainable water management and the need to protect critical habitat.

Indigenous Rights to Water are critical and life sustaining. Please join us.

Key Areas Addressed:

  • Historic importance of water in Haida Indigenous culture

  • The rights to water – Indigenous Law and Common Law

  • The inherent jurisdiction of Indigenous rights versus proprietary rights

  • Indigenous rights to submerged lands and the foreshore

  • Indigenous rights to the seabed and rights to mine the seabed

  • The impact of the Cowichan decision

  • The murky waters of First Nations’ “safe drinking water”

  • Sustainable water management

  • Protecting critical habitat

  • Modern treaties – constitutional water protection

  • Do Indigenous rights to water protect Canadian water from international claims?

  • UNDRIP – how does free, prior and informed consent support Indigenous rights to water?

This Forum is Designed For:

  • First Nations leaders and officials

  • First Nations development companies

  • Municipal officials, managers, planners and lawyers

  • Federal and provincial officials involved in the development of reserve lands

  • Real estate developers and resource companies

  • Lawyers and in-house resource company counsel

  • Professionals in the utilities, banking, and real estate development industries

  • Consultation and treaty negotiators

  • Lawyers, accountants and other advisors acting for First Nations and/or developers

Agenda

Day One - May 20, 2026

9:00 - Welcome and Introduction by PBLI

9:05 - Chairs’ Welcome and Introduction

Rosanne Kyle, K.C.
Principal, Rosanne Kyle Law Corporation

Terri-Lynn Williams-Davidson, K.C.
Principal and Senior Legal Counsel, White Raven Law

9:15 - Historic Importance of Water in Haida Indigenous Culture

Terri-Lynn Williams-Davidson, K.C.
Principal and Senior Legal Counsel,White Raven Law

  • Creation Stories

  • Indigenous law and rights to water

10:00 - Questions and Discussion

10:10 - Refreshment Adjournment

10:25 - The Rights to Water – Indigenous Law and Common Law

Jessica Clogg
Executive Director & Senior Counsel, West Coast Environmental Law

Andrew Gage
Staff Lawyer, West Coast Environmental Law

  • Indigenous law and rights to water

  • Fundamentals

  • Common Law rights to Water – as found in the Magna Carta

  • Riparian rights

11:10 - Questions and Discussion

11:20 - The Inherent Jurisdiction of Indigenous Rights versus Proprietary Rights

Deborah Curran
Professor, University of Victoria

  • Who has jurisdiction over water?

12:05 - Questions and Discussion

12:15 - Networking Lunch

1:15 - Indigenous Rights to Submerged Lands and the Foreshore

Lisa Glowacki
Partner, Ratcliff & Company

Elizabeth Bulbrook, B.A., M.A., J.D.
Managing Lawyer, White Raven Law

2:00 - Questions and Discussion

2:10 - Refreshment Adjournment

2:25 - Indigenous Rights to the Seabed and Rights to Mine the Seabed

Lisa Fong, K.C.
Partner, Ng Ariss Fong

Ruben Tillman
Associate, Ng Ariss Fong

3:10 - Questions and Discussion

3:20 - Faculty Roundtable: The Impact of the Cowichan Decision

4:05 - Questions and Discussion

4:15 - Chairs’ Closing Remarks for Day One

4:20 - Forum Concludes for Day One

Day Two - May 21, 2026

9:00 - Chairs’ Welcome to Day Two

Rosanne Kyle, K.C.
Principal, Rosanne Kyle Law Corporation

Terri-Lynn Williams-Davidson, K.C.
Principal and Senior Legal Counsel, White Raven Law

9:10 - The Murky Waters of First Nations’ “Safe Drinking Water”

Clayton Leonard
Senior Counsel, JFK Law LLP

  • Denial of the problem?

  • The truth about First Nation Drinking Water Advisories

  • The Honor of the Crown and safe drinking water – Is Canada a partner or the problem?

  • Resources, then regulation

  • Bill C-61 – The lost opportunity

  • Once water is safe, will there be enough?

  • The potential implications of the Shamattawa decision

  • Class actions

9:55 - Questions and Discussion

10:05 - Sustainable Water Management

Oliver Brandes
Co-Director and Associate Director of Strategic Partnerships and Public Policy, University of Victoria

  • Governance of water management

  • Watershed security

  • Collaboration to enable sustainable outcomes

  • Indigenous input in governance institutions

  • Viable examples

10:50 - Questions and Discussion

11:00 - Refreshment Adjournment

11:15 - Protecting Critical Habitat

Rosanne Kyle, K.C.
Principal, Rosanne Kyle Law Corporation

Rosalie Yazzie, K.C.
Syilx Okanagan Nation

  • Columbia River Treaty examples

  • Salmon reintroduction strategy - studies, projects

12:00 - Questions and Discussion

12:10 - Networking Lunch

1:10 - Modern Treaties – Constitutional Water Protection

Kim Webber
Associate, Mandell Pinder LLP

  • The provision for water reservation in the treaty

  • Strategies

1:55 - Questions and Discussion

2:05 - Do Indigenous Rights to Water Protect Canadian Water from International Claims?

Risa Schwartz
Risa Schwartz International Law, Toronto

  • How might Indigenous rights to water protect Canada’s water?

  • CUSMA – claims by USA and other claims

2:50 - Questions and Discussion

3:00 - Refreshment Adjournment

3:15 - Faculty Roundtable: UNDRIP – How Does Free, Prior and Informed Consent Support Indigenous Rights to Water?

4:00 - Questions and Discussion

4:10 - Chairs’ Closing Remarks

4:20 - Forum Concludes



Meet the Co-Chairs

Meet the Faculty


Registration Form

Program:

Indigenous Rights to Water Forum

Date:

May 20 & 21, 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 April 20, 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:

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. (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 (May 12, 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 11.6 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.