Implementing UNDRIP and Reaffirming Indigenous Rights to Self-Determination

September 22, 2023 at 9:00AM PST

Downtown Vancouver and Live Webinar

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Description
Agenda
Faculty

Implementing UNDRIP and Reaffirming Indigenous Rights to Self-Determination

September 22, 2023

Overview

After decades of advocacy by First Nations, the Parliament of Canada passed The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act in 2021, providing a roadmap for the implementation of the UN Declaration based on lasting reconciliation, healing, and collaborative relationships. The Indigenous right to self-determination is a key principle. By virtue of that right, First Nations are free to determine their political status and to pursue their economic, social and cultural development. A radical transformation in the status quo is required to ensure that Indigenous communities are full partners in the work to come, and that their inherent rights are meaningfully upheld in alignment with the visions set out within their own laws.

This program will bring together a stellar faculty of representatives from the provincial and federal governments and the Indigenous legal community to discuss the inherent right of self-determination, and how all levels of governments are working together to ensure that this right can be meaningfully exercised by First Nations. Our speakers will also explore the opportunities for innovative solutions and partnerships amongst different levels of government and different models of governance and decision-making.

Key Areas Addressed:

  • What self-determination means, and how this inherent right is being recognized by federal and provincial governments

  • Understanding the Government of Canada’s Federal Action Plan

  • A one-year review of BC’s Provincial Action Plan

  • An overview of BC’s new Declaration Act Secretariat

  • Consent-based, joint, and collaborative decision-making models

  • Examples of intergovernmental agreements

  • Ongoing work to reform the Specific Claims Tribunal

Who Should Attend:

  • Indigenous leaders, government officials, councillors, elders, negotiators, administrators, and advisors

  • Lawyers practising in the areas of Indigenous law, administrative law, human rights law, and Constitutional law

  • Federal, provincial and municipal government officials and policy advisors

  • Professionals working in the area of Indigenous Relations

  • Negotiators and mediators for industry, government and Indigenous communities

Indigenous Scholarship Program

PBLI offers sponsored registrations to individuals of First Nation, Inuit, or Métis Descent. One sponsorship is available per program. This sponsorship program is designed to make the education and networking opportunities at our conferences more accessible to Indigenous communities. For application details, please click here.

Agenda

9:00 - Welcome and Introduction by PBLI

9:05 - Chairs’ Welcome and Introduction

Brenda Gaertner
Senior Counsel, Mandell Pinder LLP

Stephen Mussell
Associate, Mandell Pinder LLP

9:10 - Understanding the Federal Action Plan

Keith Smith
Director General, UN Declaration Act Implementation Secretariat, Department of Justice Canada

Koren Marriott
Senior Counsel, Aboriginal Law Centre, Department of Justice Canada

  • Overview of the consultation and cooperation process

    • Identification of action plan priorities and measures

    • Vision for the future

    • Shared understanding/principles

    • Addressing thematic areas of the Declaration

  • Next steps toward implementation of the Action Plan

    • Challenges and work ahead

  • The need for ongoing consultation and cooperation

10:20 - Questions and Discussion

10:35 - Refreshment Adjournment

10:50 - BC’s Declaration Act Provincial Action Plan - The One-Year Review

Jeremy Belyea
Executive Director, Indigenous Relations and Reconciliation

Priscilla Sabbas-Watts
Assistant Deputy Minister, Legislative Transformation and Engagement, Declaration Act Secretariat

  • The long-term vision for implementing the UN Declaration in BC

  • Advancing work in key areas over the next five years

  • The Declaration Act Secretariat and how it supports Indigenous self-determination and self-governance

12:00 - Questions and Discussion

12:15 - Catered Lunch

1:15 - Consent-based and Joint Decision Making Models

Sean Jones
Partner, MacKenzie Fujisawa LLP

Virginia Mathers
Partner, Mandell Pinder LLP

Stephen Mussell
Associate, Mandell Pinder LLP

  • Examples of three models for decision-making (and considerations, challenges, and opportunities for each):

    • Joint

    • Consent-based

    • Collaborative

  • The impact of treaties

  • How to create functional teams to further decision making

2:05 - Questions and Discussion

2:15 - Refreshment Adjournment

2:30 - Opportunities for Innovative Solutions and Partnerships - Examining Examples of Intergovernmental Agreements

Nigel Baker-Grenier
Associate, White Raven Law Corproation

  • The Haida Reconciliation Agreement, including the Haida Nation Recognition Act

  • Boughton Archipelago

  • Lessons learned and looking ahead

3:20 - Questions and Discussion

3:30 - Implementing UNDRIP in Canada’s Specific Claims Process

Chief Dalton Silver
Semath (Sumas) First Nation

The Honourable Harry A. Slade, K.C.
Retired Judge, Supreme Court of British Columbia

Jody Woods
Union of British Columbia Indian Chiefs

Dr. Shiri Pasternak
Associate Professor of Criminology, Toronto Metropolitan University

  • Lessons learned from the work of the Specific Claims Tribunal

  • The work the BC Specific Claims Working Group is doing to support the inclusion of Indigenous Laws into the specific claims process

  • The project of the “Land Back” and how it ties into Indigenous consent and redress

  • The importance of community involvement

  • How provincial and federal governments could play an important role in achieving redress and reconciliation of historic claims

4:30 - Questions and Discussion

4:40 - Chairs’ Closing Remarks

4:45- Program Concludes

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Meet the Co-Chairs

  • Senior Counsel, Mandell Pinder LLP, Vancouver, BC

    Since joining the firm in 1986, Brenda has worked with Indigenous peoples in their pursuit of the recognition of Indigenous and Aboriginal title and rights, modern self-governance, resource governance and management, project agreements, economic development, and nation-to-nation and government-to-government agreements. Brenda’s experience and expertise allow her to contribute legal, policy and negotiation skills to a myriad of projects and teams. Her decades of experience have honed her abilities to work respectfully, to identify solutions, and find paths forward, even in difficult situations.

    For decades Brenda has actively listened to Indigenous leaders, elders and knowledge holders. She has been taught that building respectful relationships with Indigenous peoples and effecting transformative change are foundational to reconciliation. She has helped many First Nations find unique solutions to reach their goals, including collaborative governance and management agreements, mutual benefit agreements, impact benefit agreements, shared territory agreements, and First Nation-to-First Nation protocols.

    Brenda is deeply committed to working with Aboriginal people in their pursuit of the recognition of their inherent and aboriginal title and rights to healthy ecosystems, fish, and aquatic resources. Aware of the vulnerabilities facing fresh and marine water ecosystems, she is honoured to work with Nations who are proactively managing these precious resources.

    Brenda is a long-standing member of Mandell Pinder LLP’s specific claims team. She remains committed to helping to resolve these historic wrongs and sees such resolution as a necessary part of reconciliation.

    For the last several years, Brenda Gaertner has been selected by her peers for inclusion in The Best Lawyers in Canada™ in the field of Aboriginal Law / Indigenous Practice. Brenda has also been ranked in the Chambers and Partners Canada guide in the category Aboriginal Law – Representation of Indigenous Peoples for many years.

  • Associate, Mandell Pinder LLP, Vancouver, BC

    Stephen is Michif (Métis) and a citizen of the Manitoba Métis Federation. His mother’s family hails from mikisiw wacîhk (the Eagle Hills), Duck Lake, and northeastern British Columbia (Pouce Coupe/Progress). His father’s family hails from the historic Métis community located in the Red River Valley, Manitoba.

    Stephen is committed to using his western legal education and his belief in the inherent weight and force of Indigenous legal orders to bring about transformational change. His practice focuses on advancing the legal rights of Indigenous peoples and supporting Indigenous peoples in exercising their right to self-determination. Stephen is driven by a desire to continue the good work of those who came before him, and to leave a better world for future generations.

Meet the Faculty

  • Assistant Deputy Minister, Legislative Transformation and Engagement with the Declaration Act Secretariat.

    Priscilla’s traditional name is c̓aʔaa [sah-ah], which comes from the word c̓aʔaas, meaning to strip cedar from the cedar tree. She is from the Hiškʷiiʔatḥ (Hesquiaht) on the West Coast of Vancouver Island. Hiškʷiiʔatḥ is one of fourteen nations of the Nuučaan̓uƛ (Nuuchahnulth).

    Priscilla is the Assistant Deputy Minister, Legislative Transformation and Engagement with the Declaration Act Secretariat. Within this role she plays a fundamental role supporting cross-government efforts to work in consultation and cooperation with Indigenous Peoples to align laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as per section 3 of the Declaration on the Rights of Indigenous Peoples Act. Priscilla has served as a public servant for the past 20 years holding positions both within her Nation and within the provincial public service. She has previously served both as an elected councillor for Hesquiaht, and Vice President of the Nuu-chah-nulth Tribal Council. Within the BC Public Service Priscilla has held roles in the Ministry of Indigenous Relations and Reconciliation, the Ministry of Children and Family Development, and the BC Public Service Agency. Most recently she was the Executive Director of the Equity Diversity and Inclusion Branch at the BC Public Service Agency.

    Priscilla lives in c̓išaaʔatḥ (Tseshaht) and Hupačasath territory in the Alberni Valley with her husband and three children.

  • Assistant Deputy Minister, Reconciliation Transformation and Strategies Division, Ministry of Indigenous Relations and Reconciliation

    Ann Marie Sam was appointed Assistant Deputy Minister in the Ministry of Indigenous Relations and Reconciliation in June 2022.

    Ann Marie is from Nak’azdli Whut’en (Fort St James) and is a member of the Lhts’umusyoo (beaver clan).

    Ann Marie joined the ministry from the senior management team at the Planning and Priorities Secretariat in the Premier’s Office, where she supported ministries and Cabinet on priority initiatives and mandate commitments. Prior to that, Ann Marie was Senior Ministerial Advisor to former MIRR Minister Scott Fraser between 2018 and 2021.

    With roots in community advocacy and leadership, Ann Marie has deep knowledge of the connection between land, protocol, and the history of Indigenous communities. She has provided support and services to Indigenous and northern communities throughout her career, including as an elected councillor and as a school trustee in Nechako Lake. As a councillor, Ann Marie guided negotiations on behalf of her community for major infrastructure projects. Ann Marie also has been active in many non-profits, including as a leading author of the Indigenous Communities and Industrial Camps Report which brought attention to the impacts of major projects on women and vulnerable populations and informed critical changes to the Environmental Assessment Act.

    Ann Marie holds a Bachelor of Arts in History from the University of Northern British Columbia and has studied in the Master of Applied Science program at the Norman B. Keevil Institute of Mining Engineering at the University of British Columbia.

  • Associate, White Raven Law Corporation, Surrey, BC

    Nigel holds a Bachelor of Arts in the History Honours program at the University of British Columbia and a Juris Doctor from the Peter A. Allard School of Law. In 2021, the Western Journal of Legal Studies published Nigel’s article “Kitimahkinawow ekwa Kitimahkisin: Pity and Compassion in Cree Law.” He was awarded the the Beverly McLachlin Legal Access Award in 2019 and the Fasken Martineau DuMoulin LLP Indigenous Entrance Scholarship in 2016. In 2018, Nigel published an article in the University of Toronto Faculty of Law Review titled, “Esdii Wal: Gitxsan Law Grounded in Epistemology.” Nigel worked as a temporary articled student for the Indigenous Community Legal Clinic, which provides legal advice in the areas of criminal law, family law, and civil law, to marginalized people in Vancouver’s Downtown Eastside. Nigel is a recipient of the 2022 Courage in Law from Indigenous Law Students Association, and teaches as an Adjunct professor at UBC’s Indigenous Legal Clinic.

    Nigel belongs to the Gisgahaast clan from the Gitxsan Nation. He is also Mushkegowuck (swampy Cree) from Churchill, Manitoba. During his upbringing, he was immersed in song, dance, oral history and law from his communities. Nigel chose to study law to revitalize Indigenous laws which are grounded in oral histories and traditions. Indigenous laws contain rich normative resources that are relevant today and robustly inform the rights and obligations of the contemporary world.

    Nigel is a lead dancer for Dancers of Damelahamid, an Indigenous dance company based in Vancouver. Nigel has toured nationally and internationally as an artist.

  • Partner, MacKenzie Fujisawa LLP, Vancouver, BC

    Sean practises Indigenous, environmental and regulatory law, with a focus on natural resource law. He has extensive experience on fisheries issues, federal and provincial environmental assessments and advocating for the rights of Indigenous communities.

    Sean advises clients on major projects and negotiated commercial agreements between industry and Indigenous communities, including advising Indigenous communities on economic development and governance issues. He has represented First Nations in Federal Court and has appeared at all levels of court in British Columbia. He also has advised clients across all natural resource sectors including oil and gas, mining and forestry. He has a wealth of experience in the fisheries context, including aquaculture.

  • Assistant Deputy Minister of Water, Fisheries, and Coastal Policy & Planning , Ministry of Water, Land and Resource Stewardship, Victoria, BC

    The Division brings together program areas responsible for the Watershed Security Strategy, a Wild Salmon Strategy, and a Coastal Marine Strategy, as well as sets water sustainability objectives and supports enhancement of wild fish populations and coastal resources and communities. The division is responsible for provincial leadership on water and coordinating government’s strategy on source to tap, including drinking water.

    Since joining the provincial government in 2008, James has held various positions including as the Head of BC’s Climate Secretariat, Assistant Deputy Minister Agriculture Science and Policy, and most recently as Assistant Deputy Minister Environmental Sustainability Division in the BC Ministry of Environment and Climate Change Strategy.

    Prior to joining the provincial government, James worked over ten years for the Government of Canada in a variety of organizations including the Canadian Environmental Assessment Agency, the Privy Council Office, and the Northern Affairs Office of Indian and Northern Affairs Canada.

    James is married to Elaina and has two children: Charlotte (13 years) and Sebastian (10 years).

  • Senior Counsel, Aboriginal Law Centre, Department of Justice, Ottawa, ON

    Koren is Senior Counsel with the Aboriginal Law Centre at the Department of Justice where she has worked on issues relating to international and aboriginal law for more than a dozen years. She has been part of Canadian delegations to the United Nations Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples and to the Convention on Biological Diversity. She has a Master’s degree from the Norman Paterson School of International Affairs at Carleton University and a law degree from the University of Ottawa with a designation in international law. She has been working on issues relating to the UN Declaration on the Rights of Indigenous Peoples since 2009 – including Canada’s initial endorsement of the Declaration and the development, drafting and now implementation of the UN Declaration Act. She also advises on s. 35 rights, the duty to consult, and areas of intersection between Indigenous issues and international law and delivers training and participates in conferences and other events relating to international and indigenous issues on a regular basis.

  • Partner, Mandell Pinder LLP, Vancouver, BC

    Virginia particularly enjoys working with clients in their home communities and her practice includes advocacy, negotiations, and strategic advice with respect to Indigenous governance, inherent, Aboriginal, and Treaty rights, natural resource stewardship and management, and relationships between Indigenous and Crown governments. Passionate about advancing the economic and cultural wellbeing of Indigenous peoples and communities through the affirmation of their rights and title, Virginia’s negotiations practice includes reconciliation agreements and modern treaty agreements, as well as accommodation and consent-based agreements with Crown governments and industry. Her litigation practice includes appeals and judicial reviews of regulatory permits and authorizations as well as general civil litigation matters.

    Virginia regularly provides support to Indigenous governments in regulatory reviews of projects, where her approach includes developing strategies for implementing free, prior, and informed consent, integrating Indigenous law, knowledge, and values into impact assessments, working with experts to conduct technical reviews of projects, and negotiating with Crown governments and industry representatives on matters relating to shared and consent-based decision-making, consultation, and accommodation.

  • Associate Professor of Criminology, Toronto Metropolitan University, Toronto, ON

    Shiri Pasternak is the author of the award-winning book Grounded Authority: the Algonquins of Barriere Lake Against the State (University of Minnesota Press, 2017), which is about the Algonquins' rejection of the federal land claim policy from the perspective of Indigenous law and jurisdiction. She is the co-founder and former Research Director at the Yellowhead Institute, an Indigenous-led think tank based in the Faculty of Arts at Toronto Metropolitan University.

    Shiri is a first-generation, Jewish Torontonian who has been involved in anti-colonial movements in Canada for two decades, co-founding several community organizations, as well, including the Anti-Colonial Committee of the Law Union of Ontario and #AbolishC-IRG.

    Her work has been published in numerous books and academic journals. In addition to scholarly research, her public writing appears in places like the Globe and Mail and Toronto Star, as well as independent news platforms like the National Observer. She provides research support and policy analysis to several communities and organizations across the country.

  • Mediator, Vancouver, BC

    Former Justice Slade attended UBC and was called to the bar in 1974. He was a partner at Ratcliff & Company LLP until 2001. He was designated Queen’s Counsel in 1998. He served as a Justice of the BC Supreme Court, 2001 – 2021 ,and as Chairperson of the Specific Claims Tribunal Canada, 2010 – 2021. Prior to his appointment to the bench in 2001, his primary field of work was the provision of services to Indigenous peoples and organizations. He and members of his firm pioneered the reconciliation of Indigenous interests in land and resources with private interests, and with the powers of municipal and provincial governments. This included the consensual resolution of land use conflicts, and the negotiation and implementation of agreements with corporate participants’ interests. Mr. Slade was co-counsel for interveners in Sparrow, Delgamuukw, and other seminal cases concerned with the definition of Aboriginal rights and the interplay of rights with provincial and federal legislative powers. He was active in advancing Specific Claims, litigation over the loss of reserve lands, and treaty negotiations.

  • Director General, UN Declaration Act Implementation Secretariat, Department of Justice Canada, Ottawa, ON

    Keith Smith joined the Department of Justice in August 2021 as the Director General of the United Nations Declaration Act Implementation Secretariat, leading on the development of the whole-of-government Action Plan to achieve the objectives of the UN Declaration and annual reporting on progress.

    Prior to that, he served as the Director General of Policy and Communications at the Canadian Human Rights Commission. From 2016 to 2018, Keith worked for the Minister of Justice and Attorney General of Canada as the Director of Policy and Acting Chief of Staff. During this time, he dealt with a wide range of important justice files, including a framework for the recognition and implementation of Indigenous rights, criminal justice system and family law reform, amendments to the Canadian Human Rights Act, and international human rights issues.

    Prior to his time in the Minister’s Office, Keith was the Director of Policy, Research and International at the CHRC from 2013 to 2016. Before that, he held various positions within Indigenous and Northern Affairs Canada, including as Director of Intergovernmental and International Relations.

    Keith is originally from Sault Ste. Marie, Ontario and is a member of the Thessalon First Nation, a nearby Ojibway community that is signatory to the Robinson Huron Treaty.

  • Administrative Director and Research Director, Union of BC Indian Chiefs, Vancouver, BC

    Ms. Woods has been Research Director at UBCIC since 2002. The UBCIC Research Department, which houses the UBCIC Resource Centre and the largest specific claims research program in Canada, currently researches and advances over 130 specific land claims for First Nations in BC. Ms. Woods has a Master’s Degree in History from the University of British Columbia and lives in Vancouver with her husband and two daughters.

Registration Form

Program:

Implementing UNDRIP and Reaffirming Indigenous Rights to Self-Determination

Date:

September 22, 2023

Location:

UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC

Registration:

The registration fee is $845.00 plus GST of $42.25 totalling $887.25 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.

Early Bird Discount:

Register by August 22nd, 2023 and receive a $100 discount on the registration fee ($745.00 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, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute. Registration fees must be paid prior to the program.

When and Where:

Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.

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 (September 15, 2023). 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 6 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.