Métis Rights in 2024

April 24, 2024 at 9:00AM PST

Live Webinar - online only!

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Description
Agenda
Faculty

Métis Rights in 2024

April 24, 2024

Overview

Twenty years have passed since “Métis Law” has been included as a part of Aboriginal Law. With the passage of time, we are now better positioned to appreciate the implications of the Supreme Court of Canada’s jurisprudence on Métis issues, and to observe the different experiences and approaches across Canada.

It is clear that many challenges and questions remain, but these uncertainties also create opportunities for change. Our esteemed faculty of nationally recognized experts will take attendees through the contemporary landscape of Métis issues, and the contours of Métis rights and Métis identity. This program will also explore current litigation (including class action proceedings), and why there is a need for a separate Métis claims process. Leave this program with a comprehensive understanding of the current status of Métis rights in Canada and the key issues to watch in this dynamic area.

 Please note this program is only offered online as a live webinar event.

What You Will Learn:

  • Who are the Métis?

  • Why is Métis identity particularly susceptible to the “Pretendian” issue? (And the issues with that term)

  • The differences between Métis law and Canadian law about Métis

  • Making sense of the Supreme Court of Canada’s jurisprudence on Métis

  • Emerging issues and current litigation, including class action proceedings  

  • Negotiating and implementing Métis self government

  • Understanding the duty to consult and accommodate given the unique circumstances of Métis across Canada

  • The issues and challenges in addressing Métis claims

Who Should Attend:

  • Aboriginal, Métis, and First Nations leaders, officials, councillors, Elders, negotiators, administrators, and advisors

  • Lawyers practising in the areas of Aboriginal law and Indigenous law

  • Federal, provincial and municipal government officials and policy advisors

  • Consultants, negotiators and other professionals who work with Aboriginal, Métis, and First Nations

Agenda

9:00 - Welcome by PBLI

9:05 - Chairs’ Welcome and Introduction

Jean Teillet
Counsel Emeritus, Pape Salter Teillet LLP

Jason T. Madden
Partner & Indigenous Practice Group Co-Chair, Aird & Berlis LLP

9:10 - Who are the Métis?: Understanding Historic and Legal Differences

Jean Teillet
Counsel Emeritus, Pape Salter Teillet LLP

  • Understanding the historic context

  • Métis identity and legal definitions

    • Métis nationhood, self-determination and legal traditions

    • Definitions of “Métis” in Canada’s constitution, Canadian law and the courts

    • The impacts from the 2016 decision in Daniels v. Canada

  • How does the United Nations Declaration on the Rights of Indigenous Peoples fit in

  • The “Pretendian” Issue and the Métis

9:55 - Questions and Discussion

10:05 - Morning Adjournment

10:20 - 20 Years of “Métis Law” as a Part of Aboriginal Law: Where Are We?

Jason T. Madden
Partner & Indigenous Practice Group Co-Chair, Aird & Berlis LLP

  • Understanding the use of the courts by Métis and the differences between Métis law and Canadian law about Métis

  • Making sense of the Supreme Court of Canada’s jurisprudence on Métis (Powley, Blais, Cunningham, Manitoba Métis & Daniels)

  • Implementing the jurisprudence through harvesting, consultation, self-government, and other agreements, and the different experiences and approaches across Canada

  • Emerging issues, current litigation and where we are going (Bill C-53, treaties, Métis claims)

11:05 - Questions and Discussion

11:15 - Negotiating and Implementing Métis Self-Government

Michael Schintz
Manager, Federal Negotiations for Crown-Indigenous Relations and Northern Affairs Canada

Genevieve Y. Benoit
MN Trachtenberg Law Corporation

  • Understanding the history and importance of Métis self-government and recognition

  • The MNS, MNA, MNO self-government agreements, Bill C-53 and future treaties

  • The MMF self-government agreement and the Red River Métis treaty

  • Canada’s approach to Métis self-government negotiations

  • Emerging legal issues and litigation

12:00 - Questions and Discussion

12:10 - Lunch Adjournment

1:00 - Métis and the Duty to Consult and Accommodate

Thomas Isaac
Partner, Cassels Brock & Blackwell LLP

Alissa Saieva-Finnie
Partner, Aird & Berlis LLP

  • Understanding the Crown’s duty to consult and accommodate in the Métis context

  • Who should be consulted in the Métis context? Who is authorized? Who decides?

  • Overview of approaches in various jurisdictions and case studies from Ontario and Alberta

  • Recent case law

    • Saskatchewan (Minister of Environment) v. Métis Nation-Saskatchewan

    • Métis Nation of Alberta v. Alberta (Minister of Indigenous Relations) and court challenges to Alberta’s Credible Assertion Policy

    • Lac Ste. Anne Métis Community Association v. Canada (Minister of Finance)

  • Recent economic/equity partnerships with Métis and emerging issues in Métis consultation

1:45 - Questions and Discussion

1:55 - Afternoon Adjournment

2:10 - Addressing Métis Claims

Carla McGrath
Director General for Crown-Indigenous Relations and Northern Affairs Canada

Andrea Sandmaier
President, Métis Nation of Alberta/Otipemisiwak Métis Government

  • The need for a Métis claims process or policy

  • Manitoba Métis Federation Inc. v Canada and its implications for Métis claims

  • The issues and challenges in addressing Métis claims

  • Addressing Métis scrip and other Métis land related grievances

  • Canada’s current approach to Métis claims and opportunities for the future

2:55 - Questions and Discussion

3:05 - Métis and Class Action Proceedings

Margaret L. Waddell
President, Waddell Phillips Professional Corporation

Paul-Erik Veel
Partner, Lenczner Slaght LLP

  • The unique issues and challenges in Métis class action proceedings

  • Overview of certification decisions related to the Métis

  • The Ile a la Crosse residential school class action proceedings and the Métis

  • The Sixties Scoop class action proceeding and the Métis

3:50 - Questions and Discussion

4:00 - Chairs’ Closing Remarks

4:05 - Program Concludes

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Meet the Co-Chairs

  • IPC (BFA, LL.B, LL.M), Counsel Emeritus, Pape Salter Teillet LLP, Vancouver, BC

    As of January 1, 2024, Jean Teillet is retired and no longer entitled to practice law in British Columbia. 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.

    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. She is also a sought after speaker in Canada. 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.

    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.

  • Partner & Indigenous Practice Group Co-Chair, Aird & Berlis LLP, Toronto, ON

    Jason is a seasoned negotiator and litigator who practises exclusively in the area of Aboriginal law. As an Indigenous lawyer, he also supports Indigenous clients as they revitalize and implement their inherent jurisdiction, laws and governance systems. Widely recognized for being at the forefront of the development of Métis rights law in Canada, Jason has represented various Métis communities, organizations and governments from Ontario westward for more than two decades in the courts and at negotiating tables.

    Jason is Co-Chair of the firm’s Indigenous Practice Group. He is also a member of the firm’s Litigation & Dispute Resolution and Energy Groups. Prior to joining Aird & Berlis in 2024, he was a managing partner at a nationally recognized boutique Aboriginal law firm for over a decade. He has been repeatedly recognized by Lexpert, Chambers & Partners and Best Lawyers as a leading practitioner in the area of Aboriginal law, and was named as one of the 25 Most Influential Lawyers in Canada by Canadian Lawyer Magazine for his work in this area of the law. He frequently speaks at conferences and law schools on Aboriginal law generally and particularly Métis legal issues.

    Jason regularly advises and represents Indigenous clients on Aboriginal and Treaty rights matters, including the development, advancement and implementation of negotiation and litigation strategies for the recognition of Indigenous rights, as well as the resolution of historical land related grievances and others claims against the Crown. Jason’s litigation practice has included trials defending or establishing his clients’ Aboriginal and Treaty rights in addition to other precedent-setting court cases involving the honour of the Crown, including consultation and accommodation matters, the legal status of negotiated agreements between the Crown and Indigenous peoples, and the development of the Crown’s duty to negotiate.

    As a result of his work on behalf of Indigenous clients, Jason has appeared before all levels of court from Ontario westward, including the Ontario Superior Court, the Courts of Appeal in Ontario, Manitoba, Alberta and the Yukon, the Federal Court and the Federal Court of Appeal. He has appeared before the Supreme Court of Canada a dozen times. Jason has also appeared before various regulatory bodies and tribunals, including the Canada Energy Regulator, the Impact Assessment Agency of Canada, the Canadian Human Rights Tribunal, the Alberta Energy Regulator, the Ontario Energy Board and the Yukon Water Board.

    A significant component of Jason’s current practice is the negotiation and implementation of self-government agreements, innovative reconciliation arrangements and modern-day treaties with the Crown on behalf of his Indigenous clients. In this capacity, Jason has assisted his clients in the development of their own constitutions, laws, policies and processes, reaching inter-nation agreements with other Indigenous peoples, as well as negotiating and achieving consultation, harvesting, interim treaty measures, co-management, trans-boundary, financial transfer and tax arrangements with public governments.

    Jason is a citizen of the Métis Nation and a descendant of the ‘Halfbreeds of Rainy River and Rainy Lake’ who collectively adhered to Treaty No. 3 in 1875.

Meet the Faculty

  • Associate, MN Trachtenberg Law Corporation, Winnipeg, MB

    Genevieve Y. Benoit is a Red River Métis woman and lawyer with roots in St. Norbert in Winnipeg, Manitoba. She practices in the heart of the Homeland of the Red River Métis and continues to maintain close ties with her community.

    Genevieve is an alumna of the University of Manitoba’s Robson Hall, Faculty of Law, and Osgoode Hall’s Intensive Program in Indigenous Lands, Resources, and Governments. Genevieve has her call to the Manitoba Bar and works as an associate at MN Trachtenberg Law Corporation. She practices primarily in the areas of civil litigation, Aboriginal law, Indigenous law, and Indigenous governance.

    Genevieve is a Co-Chair of the Aboriginal Law Section of the Manitoba Bar Association and is an Executive Member of the Canadian Bar Association’s Aboriginal Law Section. She serves as a member of the Legal Aid Manitoba Advisory Committee. Genevieve also sits on committees targeted at addressing the matter of Truth and Reconciliation with Indigenous Peoples including Robson Hall’s Truth and Reconciliation Action Team, and the Manitoba Court of King’s Bench Trust Reconciliation and Access to Justice Committee.

  • 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.

  • Director General, Policy Development and Coordination, in the Treaties and Aboriginal Government Sector at Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), Gatineau, QC

    She has more than 25 years of experience in Crown-Indigenous affairs, providing legal, policy and strategic advice on a wide range of issues to both government and Indigenous communities.

    After working on modern treaty and self-government negotiations at CIRNAC from 1996-2001, Ms. McGrath completed her law degree in 2001 and worked in private practice as a lawyer and negotiator representing First Nations and Métis communities.

    Ms. McGrath returned to the Public Service in 2006, working first for the Canada Mortgage and Housing Corporation and then joining the Department of Justice in 2007. Ms. McGrath occupied several roles at the Department of Justice, most recently working as General Counsel at the Aboriginal Law Centre from 2015-2018, before rejoining CIRNAC in 2018 as the Director General of Negotiations – Central Canada.

  • Partner, Aird & Berlis LLP, Toronto, Ontario

    Alissa is a trusted advisor to Indigenous governments who practises exclusively in the area of Aboriginal law as a negotiator and litigator. With a particular emphasis on governance and the intersection of Aboriginal and environmental law, Alissa’s work includes assisting clients as they advance their jurisdiction and rights within their traditional territories, as well as negotiating innovative and constructive agreements to advance her clients’ aspirations within their territories. Alissa’s strength lies in her compassion and strong communication skills. Mindful of clients’ emotional considerations, she listens to their needs and delivers complex information in an accessible manner.

    Alissa is a member of the firm’s Indigenous Practice Group. She is also a member of the firm’s Litigation and Dispute Resolution and Environmental Law Groups. Alissa’s work includes advising Indigenous communities and governments on Aboriginal and Treaty rights-related matters, spanning from harvesting rights, the duty to consult and accommodate, resource benefit sharing arrangements, child and family services, citizenship issues, internal self-government capacity building, the negotiation and implementation of self-government agreements and modern day treaties, as well as the resolution of historical grievances. Alissa has a wealth of experience in supporting clients in managing complex processes to advance their rights and interests, including historical claims against the Crown, litigation and community engagement on challenging issues.

  • President, Métis Nation of Alberta/Otipemisiwak Métis Government

  • Manager, Federal Negotiations for Crown-Indigenous Relations and Northern Affairs Canada

  • Partner, Lenczner Slaght LLP, Toronto, ON

    Paul-Erik’s commercial litigation practice focuses on class actions, competition law, intellectual property matters, complex commercial disputes, and professional liability. His clients include major technology companies, financial institutions, professional services firms, pharmaceutical companies, retailers, and franchisors.

    Paul-Erik has extensive trial experience, having acted as counsel in trials involving a number of industries and subject-matters, including a contractual dispute over the implementation of a software package, intellectual property matters relating to pharmaceutical products and technology patents, a misleading advertising case, and several contractual disputes. He has appeared repeatedly before both the Supreme Court of Canada and the Ontario Court of Appeal. Paul-Erik also has extensive experience with regulatory and public law proceedings, having represented clients before various administrative tribunals and in commissions of inquiry.

    Paul-Erik is an adjunct professor at the University of Toronto Faculty of Law. He has also previously been a sessional lecturer in the graduate program in the Department of Economics at the University of Toronto, where he teaches Economic Analysis of Law. He has published articles on a variety of legal topics, including class actions, contracts, competition law, civil procedure, and constitutional law. Prior to joining Lenczner Slaght in 2010, Paul-Erik graduated as the Gold Medalist from the University of Toronto Faculty of Law, and then clerked for Madam Justice Louise Charron at the Supreme Court of Canada.

    Paul-Erik is an advocate of using legal data analytics to inform the practice of litigation and achieve exceptional outcomes for clients. He leads Lenczner Slaght’s Data-Driven Decisions program.

  • Partner, Waddell Phillips Professional Corporation, Toronto, Ontario

    Margaret L. Waddell brings to her clients three decades of experience in successfully prosecuting and resolving Class Actions and Complex Civil Disputes. She is called to the Bar in both Ontario and Alberta. Margaret is recognized as a leading lawyer in the field of class actions, and has acted as class counsel on a number of prominent cases in this field. She is regularly sought out to lead on class actions, or to partner with other firms. She has broad experience in solving all manner of commercial conflicts. Margaret is also recognized for her particularly strong advocacy before the Court of Appeal. In addition, Margaret is a skilled mediator, who can help litigants reach sensible solutions to their disputes.

    Margaret has been awarded Lexpert® Most Frequently Recommended: Class Actions and Guide to Leading 500 Lawyers in Canada; Best Lawyers in Canada: Class Action Litigation and Corporate Commercial Litigation; Chambers Global, Dispute Resolution: Class Action (Plaintiff); and Benchmark – Top 50 Women in Litigation and Litigation Star — Class Actions.

Registration Form

Program:

Métis Rights in 2024

Date:

April 24, 2024

Location:

Live webinar - online only!

Registration:

The registration fee is $890.00 plus GST of $44.50 totalling $934.50 for webinar attendance. Registration fee covers your online attendance at the program and electronic materials.

Early Bird Discount:

Register by March 27th, 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:

Online check-in begins at 8:30 a.m. (PST) The program starts at 9:00 a.m. (PST). 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 (April 17, 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

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 5.75 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.