Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories

October 31 & November 1, 2023 at 9:00AM PST

Downtown Vancouver and Live Webinar

Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories

October 31 & November 1, 2023

Overview

Marine and mining development activities are occurring on Indigenous territories, and it is imperative that Indigenous peoples assert their jurisdiction over their lands by being involved in the creation of legislation and industry standards, and the management and jurisdiction of resource-rich lands and ocean spaces.

This two day program will assemble world leaders in mining and marine development and Indigenous law, to provide delegates with in-depth information and practical insights to understand what’s next in this growing field. For those who wish to remain current and informed, this program should not be missed. 

Key Areas Addressed:

  • BC mining laws, Indigenous jurisdiction and the role of UNDRIP

  • Canadian and international perspectives on title to submerged lands and oceans

  • Mining industry standards

  • Climate change policies

  • Global examples of Indigenous jurisdiction over mining and marine development

Who Should Attend:

  • Lawyers practising in the areas of Aboriginal law, administrative law, and business law

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

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

  • Federal, provincial and municipal government officials and policy advisors

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

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

October 31, 2023 (Day 1)

9:00 - Welcome by PBLI

9:05 - Opening Prayer

9:10 - Chairs’ Introduction

Lisa Fong, KC
Partner, Ng Ariss Fong

Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation

9:15 - Keynote Address

Nees Hiwaas
Gitxaała Sm’ooygit

Linda Innes
Chief Councillor, Gitxaała Nation

9:45 - Key Issues and Challenges in the Intersection of Indigenous Governance and BC Mining Laws

Lisa Fong, KC
Partner, Ng Ariss Fong

Lisa Glowacki
Partner, Ratcliff LLP

Calvin Sandborn, KC
Retired Senior Counsel, Environmental Law Centre, University of Victoria

Dominique Nouvet
Lawyer, Nouvet Law Corporation

  • Mining and Indigenous governance: Gitxaała v BC and Ehattesaht v BC

  • Placer mining and remediation of placer mines on Indigenous territories

  • Mines Act issues for First Nations: compensation, impact assessments, and remediation and restoration

  • On the ground challenges and successes with Lake Babine Nation

10:35 - Questions and Discussion

10:45 - Refreshment Adjournment

11:00 - Mining Standards and Indigenous Perspectives

Adan Olivares Castro
Regional Lead, Americas & Caribbean, Initiative for Responsible Mining Assurance (IRMA)

Tara Shea
Senior Director, Regulatory and Indigenous Affairs Mining Association of Canada

David Walkem
Stewardship Advisor, Citxw Nlaka’pamux Assembly

Naxginkw Tara Marsden
Independent Contractor

  • Canadian and global mining standards

  • Initiative for Responsible Mining Assurance (IRMA) standards

  • Indigenous mining standards

  • How mining standards have addressed UNDRIP and the principle of free, prior, and informed consent

11:50 - Questions and Discussion

12:00 - Impacts of Mining on Indigenous Women

Nuskmata (Jacinda Mack)
Nuxalk Nation Spokesperson on Mining

  • Mining standards and impact assessments need to account for impacts to Indigenous women

12:20 - Questions and Discussion

12:30 - Networking Lunch

1:30 - Perspectives on Indigenous Rights, Critical Minerals and Climate Change

Ma-Lah Allen Edzerza
Tahltan Nation Elder

Alan Young
Principal, Material Efficiency Research Group (MERG)

Christy Smith
Senior Vice President, Indigenous and Stakeholder Engagement, Falkirk Environmental Consultants

  • Whether and to what extent critical minerals are needed to address climate change

  • How Indigenous rights interact with climate change policies

2:30 - Questions and Discussion

2:40 - Refreshment Adjournment

2:50 - Recent Cases at the Intersection of Mining and Indigenous Governance

Gavin Smith
Staff Lawyer, West Coast Environmental Law

Rodger Barnes
Research Manager, University of Queensland

Ruben Tillman
Associate, Ng Ariss Fong

  • Important cases and developments in the law in Canada and globally, regarding mining or mineral tenures and Indigenous rights and governance

3:55 - Questions and Discussion

4:05 - Panel: The Future of Mining Law in BC in the UNDRIP Era

  • A moderated discussion on the future of mining, mining laws, and Indigenous governance with the day’s speakers

4:50 - Chairs’ Closing Remarks

4:55- Forum Concludes for Day One


November 1, 2023 (Day 2)

9:00 - Opening Prayer and Reflections on Day One

Lisa Fong, KC
Partner, Ng Ariss Fong

Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation

9:15 - Keynote: Haida Law and Marine Areas

Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation

10:05 - Questions and Discussion

10:15 - Indigenous Management of Ocean Spaces

Cloy-e-iis, Judith Sayers
President, Nuu-Chan-nulth Tribal Council

Dúqva̓ísḷa William Housty
Haíɫzaqv Hímás

  • How co-management of ocean spaces by First Nations and the Crown works

11:05 - Questions and Discussion

11:15 - Refreshment Adjournment

11:30 - Perspectives on Reclaiming Colonized Ocean Spaces

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

Rayanna Seymour-Hourie
Staff Lawyer & RELAW Manager, West Coast Environmental Law

Erin Hanson
Manager, Sacred Trust Initiative, Tsleil-Waututh Nation

Smawn, Richard John Hall
Nuxalk Nation

  • Exercises of Indigenous ocean laws

  • Indigenous Protected and Conserved Areas (IPCAs)

12:20 - Questions and Discussion

12:30 - Networking Lunch

1:15 - International Perspectives on Title to Submerged Lands

Dr. Rachel Ariss
Associate Professor, Ontario Tech University

Dr. Lee Godden
Dean, Faculty of Law, Victoria University of Wellington Te Herenga Waka

Natalie Coates
Partner, Kāhui Legal

  • Aboriginal title to ocean spaces in the law of Atareiria (Austrasia)

  • Indigenous rights and title to marine spaces globally

2:20 - Questions and Discussion

2:30 - Refreshment Adjournment

2:45 - Title to Submerged Lands in Canadian Law

Maegen Giltrow, KC
Partner, Ratcliff LLP

Roger Townshend
Partner, Olthuis Kleer Townshend LLP

Ruben Tillman
Associate, Ng Ariss Fong

  • The public right of navigation and the test for Aboriginal title to submerged lands in the cases of Saugeen (Saugeen First Nation v. The Attorney General of Canada, 2021 ONSC 4181) and Saik’uz First Nation v. Rio Tinto Alcan Inc., 2022 BCSC 15)

  • Aboriginal title to submerged lands in BC, given the Declaration on the Rights of Indigenous Peoples Act

3:35 - Questions and Discussion

3:45 - The Future of Title to Submerged Lands in Canada

Elizabeth Bulbrook
Managing Lawyer, White Raven Law

Nigel Baker-Grenier
Associate, White Raven Law

Lisa Fong, KC
Partner, Ng Ariss Fong

Michael Jackson, KC
Professor/ Senior Legal Counsel, Peter A. Allard School of Law/ White Raven Law

  • The test and content for Aboriginal title to ocean spaces

  • Evidence sources and challenges for proving Aboriginal title to ocean spaces in court

4:30 - Questions and Discussion

4:40 - Chairs’ Closing Remarks

4:45- Forum Concludes



Meet the Co-Chairs

Meet the Faculty


Registration Form

Program:

Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories

Date:

October 31 & November 1, 2023

Location:

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

Registration:

The registration fee is $1,395.00 plus GST of $69.75 totalling $1,464.75 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 October 3rd, 2023 and receive a $200.00 discount on the registration fee. 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, 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:

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 (October 24, 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 12 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.