Agenda - December 13th, 2018 (Day One)


Welcome and Introduction by PBLI


Chair's Welcome and Introduction to Day One


Leah Pence

Mandell Pinder LLP



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


Refreshment Adjournment


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


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