The Agenda - March 6th, 2013

  9:00

Welcome and Introduction to Day One

 

Brenda E. Gaertner, Mandell Pinder LLP
Tim Leadem, Q.C., Ecojustice

  9:10

Environmental Law and Public Inquiries

 

Tim Leadem, Q.C., Ecojustice
Brian J. Wallace, Q.C., Cohen Commission

 
  • The role of public inquiries in complex resource management
  • Development of laws and policies through public inquiries
  • Refining the process of public inquiries
  • How can the holding of a public inquiry contribute to the development of environmental law and policy?

10:10

Questions and Discussion

10:20

Refreshment Adjournment

10:35

The Role of Scientific Advice and Traditional Knowledge in the Development and Application of Environmental Law and Policy

 

Wendy A. Baker, Q.C., Miller Thomson LLP
Dr. Brian Riddell, Pacific Salmon Foundation
Terri-Lynn Williams-Davidson, White Raven Law Corporation

 
  • The challenges and opportunities within the dialogue between traditional knowledge, science and the law
  • How might different types of information be best used in the development and application of environmental law and policy?

11:50

Questions and Discussion

12:00

Luncheon Adjournment

  1:30

The Cohen Commission: Considering the Evidence

 

Lisa C. Glowacki, Ratcliff & Company LLP
Leah Pence & Crystal Reeves, Mandell Pinder LLP

 
  • Evidentiary challenges within the inquiry process: production of documents, review of information, presentation of evidence and cross-examination of witnesses
  • Panels of witnesses – dealing with multiple or conflicting perspectives
  • Using the evidence beyond the inquiry – exploring scientific, legal and political opportunities, and considering the lifespan of scientific information
  • Lessons learned

  2:30

Questions and Discussion

  2:40

Refreshment Adjournment

  2:55

Implementation of the Cohen Commission Final Report

 

Brenda E. Gaertner, Mandell Pinder LLP
Hugh MacAulay, Department of Justice Canada

 
  • Review of key findings and recommendations
  • Opportunities and challenges for implementation

  3:55

Questions and Discussion

  4:05

Chairs’ Closing Remarks

  4:15

Forum Concludes for Day One

The Agenda - March 7th, 2013

  9:00

Welcome and Introduction to Day Two

 

Brenda E. Gaertner, Mandell Pinder LLP
Tim Leadem, Q.C., Ecojustice

  9:10

Changes in Legislation and Recent Case Law

 

Sean Nixon, Ecojustice
Dominique Nouvet, Woodward & Company LLP
Janice H. Walton, Blake, Cassels & Graydon LLP

 
  • Amendments to the Fisheries Act
  • Amendments to the National Energy Board Act
  • Implications of these amendments on fisheries and administrative law
  • Recent case law, including Species at Risk Act litigation
  • How can Aboriginal and environmental lawyers cooperate to achieve their clients’ goals?

10:25

Questions and Discussion

10:35

Refreshment Adjournment

10:50

What is New in Environmental Assessments?

 

Marja K. Bulmer, Department of Justice Canada
Janice H. Walton, Blake, Cassels & Graydon LLP

 
  • The new Canadian Environmental Assessment Act, 2012 (the “CEAA 2012”): What are “designated projects”, “environmental effects” and screening steps under the new act? What is the role of federalprovincial co-ordination, public comment and enforcement under the new act?
  • Intersection between the CEAA 2012 and Aboriginal consultation – what has changed?
  • The scope of “environmental effects” under the CEAA 2012: Does the emphasis on linkages with the Species at Risk Act, the Fisheries Act and the Migratory Birds Convention Act, 1994, transboundary effects and impacts on Aboriginal communities result in narrowing of what will be reviewed?
  • Impact of the CEAA 2012, and other changes to federal approvals, on the roles of the provinces in environmental assessment and Aboriginal consultation

11:50

Questions and Discussion

12:00

Luncheon Adjournment

  1:30

Multi-Stakeholder Processes: Challenges and Solutions

 

Art Sterritt - Invited, Coastal First Nations
Ivan Thompson, Gordon and Betty Moore Foundation

 
  • Opportunities and challenges for effective multistakeholder processes
  • What tools, practices and information are required to ensure democratic and effective multi-stakeholder processes?
  • Case studies – marine use plans and land use plans – ecosystem based management
  • Solutions – how can we improve existing processes and tools?

  2:30

Questions and Discussion

  2:40

Refreshment Adjournment

  2:55

Fisheries and Aquatic Resource Management: Opportunities Going Forward

 

Jordan Point, First Nations Fisheries Council
Paul Sprout Pacific Salmon Foundation & Pacific Salmon Treaty
Jeffery Young, David Suzuki Foundation

 
  • Tier 1, Tier 2 and Tier 3 fisheries management processes
  • What challenges and opportunities lie ahead?
  • Pacific Salmon Treaty
  • How can Aboriginal and environmental law contribute to better resource management?

  4:25

Questions and Discussion

  4:35

Chairs’ Closing Remarks

  4:45

Forum Concludes