Agenda - December 13th, 2018 (Day One)


Welcome and Introduction by PBLI


Chair's Welcome and Introduction to Day One


Leah Pence

Mandell Pinder LLP



Keynote Address: The Specific Claims Tribunal Ten Years Out


The Honourable Judge Harry A. Slade

Specific Claims Tribunal


  • Update on the operation of the Specific Claims Tribunal
  • Where are we after 10 years and where are we going?
  • Key trends and recurring issues
  • The Tribunal's Annual Report



Questions and Discussion


Refreshment Adjournment


Canada's Specific Claims Policy and Process


Craig Gideon

Assembly of First Nations


Stefan Matiation

Indigenous and Northern Affairs Canada


  • Overview of Canada's current/new specific claims policy and process
  • How it was developed and what it aims to achieve
  • Work of the Assembly of First Nations - Canada Joint Technical Working Group
  • Progress towards the establishment of an independent specific claims process



Questions and Discussion


Pursuing Claims vs. Negotiation vs. Mediation


Donald R. Colborne


Kate Gunn

First Peoples Law


  • Is settlement on the Tribunal's steps possible or desired?
  • What does mediation through the Tribunal look like and how can it help?
  • Staying Tribunal proceedings to allow negotiations to proceed: Tribunal's views and proposed practice directives



Questions and Discussion


Networking Lunch


Williams Lake Indian Band: The Supreme Court of Canada Weighs In


Clarine Ostrove

Mandell Pinder LLP


Kendra Shupe

Mandell Pinder LLP


  • Respect for the Tribunal's processes and decisions
  • The Crown's fiduciary duty in relation to Aboriginal interests in land
  • Responsibility for colonial wrongs



Questions and Discussion


Refreshment Adjournment


Preparing a Specific Claim

Angie Bain

Union of BC Indian Chiefs


Robyn Laba

Union of BC Indian Chiefs


  • Family trust planning: Ownership structures and planning strategies
  • Implications of the new private company tax regime
  • Using trusts for special situations



Questions and Discussion

   3:45 First Nations' Experiences Before the Tribunal


Leah Pence, Mandell Pinder LLP


Speaker Panel:

Councillor Rick Gilbert, Williams Lake Indian Band

Councillor John Jack, Huu-ay-aht First Nations

Chief Fred Sampson, Siska Indian Band


  • Reflections on the process of advancing specific claims before the Tribunal
  • Leading and examining oral history evidence
  • Use of outside experts
  • Community based hearings and site visits
  • Alternative processes
  • Suggestions for counsel and the Tribunal to make hearings meaningful and accessible to community members


4:35 Questions and Discussion
4:45 Chair's Closing Remarks - Program Concludes for Day One

Agenda - December 14th, 2018 (Day Two)


Chair's Welcome and Introduction to Day Two


Leah Pence

Mandell Pinder LLP



Recent Tribunal Decisions, Precedents and Claims


Darwin Hanna

Callison & Hanna Indigenous Advocates


  • Review of recent claims filed with the Tribunal
  • Recent decisions on validity: Siska and Tobacco Plains
  • Noteworthy decisions on applications
  • Recent developments in advancing claims before the Tribunal



Questions and Discussion


Refreshment Adjournment


Valuation of Specific Claims: Historic Valuations and Loss of Use


Allan Koebel



John Peebles

Land Ethic Consulting Ltd.


  • Methodologies, best practices, and challenges
  • How do we bring forward losses from the past to the present in a fair way?



Questions and Discussion


The Role of Indigenous Laws in Specific Claims


Carly Fox

Maurice Law


  • Specific claims in the context of reconciliation
  • Use of Indigenous laws and legal orders in advancing and resolving specific claims



Questions and Discussion

  12:00 Chair's Closing Remarks - Program Concludes