Agenda - April 4th, 2017 (Day One)

   9:00

Welcome and Introduction by PBLI

   9:05

Chairs' Welcome and Introduction

 

Amyn F. Lalji
Miller Thomson LLP

 

Sandra A. Gogal
Miller Thomson LLP

 

   9:10

Case Law Update: Recent Decisions Affecting IBAs and the Duty to Consult

 

Lee Francoeur
Eagle Law Group

 

  • A review of recent important cases such as Chippewas of Thames First Nation v. Enbridge; Hamlet of Clyde River v. Petroleum Geo-Services Inc.; etc.

 

  10:00

Questions and Discussion

  10:10

The Biggest Challenges with Resource Development Agreements

 

Christopher Devlin

Devlin Gailus Watson Law Corporation

 

Tim Thielmann

Devlin Gailus Watson Law Corporation

 

  • Consent and certainty provisions in the context of IBA negotiations that arise both pre-regulatory approval and post-regulatory approval
  • How the regulatory cycle can result in different negotiation outcomes
  • Understanding the different leverage points of First Nations and proponents in negotiations

 

  11:00

Questions and Discussion

  11:10

Refreshment Adjournment

  11:25

Building Relationships between First Nations and Industry

 

Sandra A. Gogal    

Miller Thomson LLP

                       

  • How to build a meaningful relationship between Indigenous communities and industry
  • What does it mean to engage in a meaningful way?
  • Are the parties listening? The importance of understanding responsive interests
  • Say what you mean and mean what you say: The importance of plain-language drafting
  • Building strategies to deal with unforeseen issues and the importance of ongoing communication
  • What is the role of Crown?

 

  12:15

Questions and Discussion

  12:25

Networking Lunch

   1:25

The Role of Government in Facilitating Agreements: Lessons from Other Canadian Regions

 

Colin Salter

Pape Salter Teillet LLP

 

  • What role does Government take in a deal?
  • How do Government activities impact the negotiation and implementation of agreements between industry and First Nations?
  • The use and benefits of "Feed-In-Tariffs", "Aboriginal Adders", and "Aboriginal Loan Guarantee" programs in other Provinces

 

   2:15

Questions and Discussion

   2:25

Drafting Agreements

 

Kennedy A. Bear Robe
Miller Thomson LLP

 

  • Technical and practical advice for negotiating Impact Benefit Agreements and related agreements
  • Advice on developing work plans aimed at reaching tangible outcomes
  • Analyses of success and cautionary stories regarding drafting agreements between industry and First Nations: what works and what doesn't

 

   3:15

Questions and Discussion

   3:25

Refreshment Adjournment

   3:40

Case Study: From Adversary to Accommodation and Alliance: The Story of Samson Cree Nation's Relationship with Enbridge

 

Holly Johnson-Rattlesnake

Samson Cree Nation

 

Dean Louis

Samson Cree Nation

 

  • A discussion of the history and background of Samson Cree Nation's relationship with Enbridge Inc., and the lessons that can be taken from these experiences 

 

   4:40

Questions and Discussion

   4:50 Chairs' Closing Remarks - Program Concludes for Day One


Agenda - April 5th, 2017 (Day Two)

   9:00

Chairs' Welcome and Introduction to Day Two

 

Amyn F. Lalji
Miller Thomson LLP

 

Sandra A. Gogal
Miller Thomson LLP

 

   9:15

Financial Participation and Business Opportunities through Impact Benefit Agreements

 

Bill Adsit
BC Hydro

 

Amyn F. Lalji
Miller Thomson LLP

 

  • Comparing royalties with equity as methods of financial participation
  • The role of partnerships
  • Business opportunities that flow from IBAs

 

  10:15

Questions and Discussion

  10:25

Refreshment Adjournment

  10:40

Continuing Consent

 

Rob Miller

Miller Titerle + Company LLP

  • Achieving certainty: Consent vs. support vs. non-objection
  • The nature of certainty in an UNDRIP and post-Tsilqot'in world
  • Best practices and approaches in government to government agreements and impact benefit agreements

 

  11:30

Questions and Discussion

  11:40

Overlapping Traditional Territories

 

Brenda E. Gaertner

Mandell Pinder LLP
                       

  • Possible approaches to overlapping or shared territories
  • Reliance on traditional laws and practices
  • When might evidence based approaches be useful?
  • Developing shared territory/shared responsibility agreements

 

  12:30

Questions and Discussion

  12:40

Networking Lunch

   1:40

Fair and Reasonable Negotiation Workshop

 

Amyn F. Lalji

Miller Thomson LLP

 

Sandra A. Gogal

Miller Thomson LLP

 

Kennedy A. Bear Robe

Miller Thomson LLP

 

  • Attendees will break out into small groups and review various negotiation skills and issues that arise between industry and First Nations

 

   3:10

Refreshment Adjournment

   3:25

Case Study: Panel Discussion: Dealing with an Imbalance of Power or Unconscionable Agreements

   4:25

Chairs' Closing Remarks