Aboriginal Law: Current Issues

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1 Approved by the Law Society of BC for up to 10.4 hours of professional development credits Aboriginal Law: Current Issues Chaired by May 7 th & 8 th, 2013 UBC Robson Square Vancouver, BC P A C I F I C B U S I N E S S & L A W I N S T I T U T E

Aboriginal Law: Current Issues The complex nature of Aboriginal law and its continual evolution poses a challenge for even experienced professionals.

2 Aboriginal Law: Current Issues The complex nature of Aboriginal law and its continual evolution poses a challenge for even experienced professionals. In order to effectively work in this field and properly exercise rights and responsibilities, it is critical to stay abreast of ongoing changes. To this end, this forum assembles leading experts in the field of Aboriginal law to provide delegates with in-depth information, insight and practical advice with respect to significant legal decisions, key legislative changes and current issues in this area of law. This Forum Will Focus On The Following: Métis and non-status Aboriginal rights: Daniels v. Canada and Manitoba Métis Federation Inc. et al. v. Attorney General of Canada et al. Aboriginal rights and title: William v. British Columbia The funding of First Nation governments Making the Canadian Human Rights Act accessible to Aboriginal people on reserve: Canada (Human Rights Commission) v. Canada (Attorney General) Legislative developments related to reserve land The latest developments in consultation and accommodation The effects of Bill C-38 and Bill C-45 The potential impact of trade agreements on First Nation rights The latest developments in First Nation taxation Implementation of Indigenous law Who Should Attend: Lawyers practising in the areas of Aboriginal law, environmental law, First Nation taxation, human rights law and resource development Aboriginal leaders, officials, councillors, elders and advisors The government and leadership of Métis and non-status Aboriginal peoples Federal, provincial and municipal government officials and policy advisors Owners, managers and representatives of resource development companies and companies operating on Crown land Consultants, negotiators and professionals involved in Aboriginal law, environmental law, First Nation taxation, resource management, human rights law or Aboriginal, Métis and non-status Aboriginal consultation/ accommodation Accountants, financial planners and others assisting First Nations with financial matters and business operations Academics Chair, Principal,, Victoria, BC. Mr. Janes has had extensive experience in Aboriginal law. He has acted in Aboriginal cases in British Columbia, Ontario and Alberta and has appeared in all levels of courts, including the Supreme Court of Canada. He has acted as counsel for parties or interveners in cases such as Dene Tha First Nation v. Canada, Haida v. British Columbia, R. v. Marshall and Bernard and Okanagan Indian Band v. Bonneau. Mr. Janes work involves advising clients regarding Aboriginal rights and title, the Indian Act and related legislation as well as other related matters. Mr. Janes also advises various clients with regard to negotiations under the British Columbia Treaty Process. In addition to his Aboriginal law practice, Mr. Janes practises civil litigation and has been involved in a diverse range of commercial, administrative and environmental disputes.

3 Faculty Cindy Blackstock, Executive Director, First Nations Child & Family Caring Society of Canada ( and Associate Professor, University of Alberta, Ottawa, ON. A member of the Gitksan Nation, Dr. Blackstock has worked in the field of child and family services for over 20 years. An author of over 50 publications, her key interests include exploring, and addressing, the causes of disadvantage for Aboriginal children and families by promoting equitable and culturally based interventions. Dr. Blackstock s current professional interests include holding fellowships with the Ashoka Foundation, J.W. McConnell Family Foundation and the Trudeau Foundation. She holds a PhD from the University of Toronto. Jason Calla, Director, Temixw Planning Ltd., West Vancouver, BC. Temixw Planning Ltd. provides consulting services to First Nation governments and organizations to engage in community and economic development planning. Mr. Calla s experience includes community development plans, economic strategies and impact assessments, fiscal and tax advisory, and community consultation and outreach for First Nation governments and organizations. He holds a Bachelor of Commerce in Urban Land Economics from the University of British Columbia and a Master of Science degree (Economics) in Regional and Urban Planning Studies from the London School of Economics and Political Science. Mr. Calla is a member of the Squamish Nation. Michael P. Doherty - Invited, General Counsel, Aboriginal Law Section, Department of Justice, Vancouver, BC. Mr. Doherty has represented the Attorney General of Canada in several Aboriginal title cases, including Tsilhqot in Nation, Ahousaht and the currently ongoing Haida and Tzeachten, as well as in other Aboriginal cases. He was called to the Bar of BC in After previously practising in a downtown Vancouver law firm and a public interest law office, he moved to the Department of Justice in Mr. Doherty holds degrees in Political Science from the University of Victoria and Carleton University, and degrees in Law from the University of Victoria and the University of Durham. He is currently pursuing a PhD at the University of Aberdeen, writing his thesis on the topic of Aboriginal Dominion, a previously unrecognized Aboriginal land right. Mr. Doherty s publications include the book The Portable Guide to Evidence (Carswell), which is currently in its third edition. Caroline Findlay, Partner, Blake, Cassels & Graydon LLP, Vancouver, BC. Ms. Findlay is an experienced business and regulatory lawyer, whose focus is on serving the natural resources sector. She has extensive commercial and Aboriginal law expertise, primarily in project development work. As a member of Blakes Vancouver Environmental Group, she also advises clients on a full range of environmental issues, combined with an in-depth knowledge of all laws, regulations and policies governing the energy, mining and forest industries. Ms. Findlay has been on the forefront of First Nations engagement issues and has an excellent reputation for handling complex, sensitive issues in a multi-party environment. During the last five years, she has been involved in over 45 different resource-related transactions across Canada, primarily for project proponents in structuring their relationships with First Nations. From , Ms. Findlay was a director of the Clean Energy Association of British Columbia and was also the Chair of the First Nations Committee. Patrick G. Foy, Q.C., Senior Appellate Counsel and Partner, Borden Ladner Gervais LLP, Vancouver, BC. Mr. Foy s practice is concentrated on Aboriginal law, appellate and judicial review, and investor-state arbitration. He has been counsel for numerous commercial clients and public bodies at all levels of court in Canada. He has acted as counsel at all levels of court for the Crown and for private clients on Aboriginal rights and title claims made by First Nations. In 1998, Mr. Foy was appointed Queen s Counsel and is a Fellow of The American College of Trial Lawyers. John W. Gailus, Partner, Devlin Gailus, Victoria, BC. Mr. Gailus has a varied law practice focused on consultation, Aboriginal and treaty rights litigation, Indian Act issues and economic development. He has served as counsel in all levels of court, including the Supreme Court of Canada. He is general counsel for several First Nations and First Nation organizations. He has appeared on multiple occasions before the House of Commons Standing Committee on Aboriginal Affairs. Mr. Gailus is also a member of the Haida Nation. Jeff S. Glasner, Shareholder, Boughton Law Corporation, Vancouver, BC. Mr. Glasner s primary practice is representing individuals and businesses, Aboriginal and otherwise, in their tax disputes with the Canada Revenue Agency. He represents his clients interests at the Audit, Appeals and Collections levels, as well as at the Tax Court of Canada. Mr. Glasner assists First Nations with tax effective business structuring and with obtaining favorable tax rulings from the Canada Revenue Agency. He has particular experience in advising Yukon First Nations given his familiarity with the unique attributes of their Self-Government Agreements. Mr. Glasner is currently the Vice-Chair of the Taxation Law Subsection of the Canadian Bar Association (BC Branch). Sarah D. Hansen, Partner, Miller Thomson LLP, Vancouver, BC. Ms. Hansen is a partner in Miller Thomson LLP s litigation and environmental practice groups and works in a variety of areas including civil and commercial litigation focusing primarily on contract, energy, environmental, and Aboriginal rights disputes. She has experience in Aboriginal law litigation and administrative law primarily in the forestry and mining sectors and including environmental assessment work, advice on consultation and accommodation further to Aboriginal rights and title, and tax. Ms. Hansen is called to the Bar in Alberta, British Columbia and the Yukon. She has a Juris Doctorate from the University of Calgary and a Master of Laws from the London School of Economics and Political Science. The Honourable Douglas Lambert, British Columbia Court of Appeal, Retired, Penticton, BC. The Honourable Douglas Lambert was a Justice of the British Columbia Court of Appeal from 1978 to He sat on many Aboriginal law cases including Delgamuukw, Gladstone, Haida and Morris. He is a former Chair of the Law Reform Commission of British Columbia and of the Editorial Board of the Canadian Bar Review. He practises Aboriginal law in BC and lives in Penticton. Gregory J. McDade, Q.C., Managing Partner, Ratcliff & Company LLP, North Vancouver, BC. Mr. McDade is the Managing Partner at Ratcliff & Company LLP, BC s largest Aboriginal law firm. He handles major litigation, and land and resource development advice and negotiations for a number of major Aboriginal bands and governments. He has appeared as counsel on many of the recent consultation appellate cases, including Rio Tinto Alcan, Stellat en, Kwikwetlem, Huu-ay-aht and others. Mr. McDade was called to the Bar in 1979 and was appointed to the Queen s Counsel list (BC) in Val Napoleon, Law Foundation Professor of Aboriginal Justice and Governance, Faculty of Law, University of Victoria (UVic), Victoria, BC. Professor Napoleon is a member of Saulteau First Nation (north east BC, Treaty 8) and is an adopted member of the Gitanyow (Gitksan) House of Luuxhon, Ganada (Frog) Clan. She worked as a community activist and consultant for over 25 years, specializing in health, education and justice issues. She has also worked with numerous projects relating to Indigenous legal traditions, conflict management, education and citizenship. Her dissertation on Gitksan law and legal theory was awarded the UVic Governor General s Gold Medal for best dissertation in Her current research focuses on Indigenous legal traditions, Indigenous legal theory, Indigenous feminism, citizenship, self-determination and governance. She is the academic lead on a national Indigenous law and reconciliation project with the Indigenous Bar Association, the Truth and Reconciliation Commission of Canada, and the Ontario Law Foundation. She has taught and published extensively. Mark G. Underhill, Partner, Underhill, Boies Parker Law Corporation Inc., Vancouver, BC. Mr. Underhill is a 1995 graduate of the Faculty of Law, University of Victoria, and was called to the Bar of the Law Society of BC in He practised with a leading public law litigation boutique for 10 years before establishing Underhill, Boies Parker in His areas of interest focus on Aboriginal, administrative, environmental and constitutional law, and he maintains a broad general civil litigation practice. Mr. Underhill is Lexpert rated in the field of Aboriginal law and has been recognized in Best Lawyers in Canada in the fields of Aboriginal law, environmental law, and administrative and public law. He has appeared at all levels of court, including the Supreme Court of Canada. He has published widely in the area of administrative law. Mr. Underhill has taught environmental law in the Faculties of Law and Environmental Studies at the University of Victoria, and is the Past President and former Chair of the board of the West Coast Environmental Law Association.

4 Aboriginal Law: Current Issues May 7 th, :00 Opening Prayer 9:05 Chair s Opening Remarks for Day One 9:15 Update on Métis and Non-Status Aboriginal Rights Review of Daniels v. Canada Review of Manitoba Métis Federation Inc. et al. v. Attorney General of Canada et al. What are the implications of these cases? 10:00 Questions and Discussion 10:10 Refreshment Adjournment 10:30 Aboriginal Rights and Title: An Analysis of William v. British Columbia Michael P. Doherty - Invited Department of Justice The Honourable Douglas Lambert British Columbia Court of Appeal, Retired Review of William v. British Columbia What is the impact of this case? In what circumstances will Aboriginal title be likely to be recognized by the courts? How will this case affect First Nation land claims? How are First Nations implementing Aboriginal rights? What are the Supreme Court of Canada s choices now? What effects would flow from those choices? Must Aboriginal land rights remain a zero sum game? 11:45 Questions and Discussion 1:15 The Funding of First Nation Governments Jason Calla Temixw Planning Ltd. Funding approaches First Nation funding agreements Reporting requirements and best practices in meeting requirements Jurisdictional issues Own-Source Revenue 1:55 Questions and Discussion 2:05 Refreshment Adjournment 2:20 Making the Canadian Human Rights Act Accessible to Aboriginal People on Reserve: Canada (Human Rights Commission) v. Canada (Attorney General) Cindy Blackstock First Nations Child & Family Caring Society of Canada Exploring legal challenges within the context of social movements as mechanisms for reconciliation Use of the Canadian Human Rights Act to address inequities in services for First Nations peoples How the engagement of First Nations and other children and young people is a critical factor in fundamentally shifting the social conscience of the country to better support human rights 3:10 Questions and Discussion 3:20 Legislative Developments Related to Reserve Land John W. Gailus Devlin Gailus Bill S-2: Family Homes on Reserves and Matrimonial Interests or Rights Act Amendments to the land designation provisions of the Indian Act effected by Bill C-45 Private property on reserve Band governance 4:00 Questions and Discussion 4:10 Chair s Closing Remarks 12:00 Luncheon Adjournment 4:15 Day One Concludes REGISTER TODAY!

5 Aboriginal Law: Current Issues May 8 th, :00 Chair s Opening Remarks for Day Two 9:05 Consultation and Accommodation Update Patrick G. Foy, Q.C. Borden Ladner Gervais LLP Gregory J. McDade, Q.C. Ratcliff & Company LLP Review and analysis of recent case law, including Adams Lake Indian Band v. Lieutenant Governor in Council, Halalt First Nation v. British Columbia and Ross River Dena Council v. Government of Yukon Implications of recent case law Impact of Daniels v. Canada. Who is consultation now with? Who represents non-status Aboriginal peoples? Who is responsible for assessing the adequacy of consultation? When does this assessment need to take place? Remaining unsettled issues 10:05 Questions and Discussion 10:15 Refreshment Adjournment 10:30 What are the Effects of Bill C-38 and Bill C-45? Caroline Findlay Blake, Cassels & Graydon LLP Changes to environmental legislation Changes to environmental review processes How Bill C-38 and Bill C-45 impact consultation 11:15 Questions and Discussion 11:25 Potential Impact of Trade Agreements on First Nation Rights Mark G. Underhill Underhill, Boies Parker Law Corporation Inc. Canada-China Foreign Investment Promotion and Protection Agreement Impact on treaty and non-treaty First Nations The requirement for consultation prior to ratification 12:10 Questions and Discussion 12:20 Luncheon Adjournment 1:45 The Latest Developments in First Nation Taxation Jeff S. Glasner Boughton Law Corporation Sarah D. Hansen Miller Thomson LLP R. v. Dickie discussed (on appeal) post Bastien Estate and Dubé Solicitor/client cost awards Current trends at the Canada Revenue Agency Audit and Appeals level dealing with the Indian Act s section 87 tax exemption Recent Canada Revenue Agency Policy Statements related to the Indian Act s section 87 tax exemption for individuals and the Income Tax Act s section 149(1)(c) tax exemption available to First Nations themselves 2:35 Questions and Discussion 2:45 Refreshment Adjournment 3:00 Implementation of Indigenous Law Val Napoleon Faculty of Law, University of Victoria How might one engage seriously with Indigenous law as law? What does substantively articulating Indigenous legal traditions mean? How might Indigenous legal traditions engage with other legal traditions? What might Indigenous legal pedagogies look like? 3:45 Questions and Discussion 3:55 Chair s Closing Remarks 4:00 Forum Concludes Youth Sponsorship Program We are pleased to offer our successful sponsorship program for First Nation, Métis and Inuit youth to attend forums offered by the Pacific Business & Law Institute. For further information about applying to attend this or other forums, please go to

6 Information Four Ways to Register: 1. Telephone us: or toll free Fax us: or toll free Mail your registration form with payment 4. Register at Registration: The registration fee is $1, plus GST of $58.75 totalling $1, for both days. Registration covers your attendance at the forum, written materials, a light breakfast, lunch and refreshments throughout each day. Group Discounts: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Payment: You may pay by VISA, MasterCard or cheque. Cheques should be made payable to the Pacific Business & Law Institute. Registration fees must be paid prior to the forum. When and Where: Check-in begins at 8:30 a.m. The forum starts at 9:00 a.m. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit ubc.ca/find-us/ for directions. Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this forum. Materials will be available for pick-up at the forum. Please contact us at registrations@pbli.com if you are unable to attend the forum and wish to purchase a set of materials. 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 forum delegates. We do not share our mailing lists with any non-affiliated organization. Cancellations: Full refunds will be given for cancellations if notice is received in writing five full business days prior to the forum (April 30 th, 2013). 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 or venue of this event. Course Accreditation: Attendance at this course can be listed for up to 10.4 hours of continuing professional development with the Law Societies of BC and Upper Canada. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. Registration Form Pacific Business & Law Institute Chestnut Street Vancouver, BC Canada V6J 4M6 Telephone: ; Fax: registrations@pbli.com Aboriginal Law: Current Issues May 7 th & 8 th, 2013 UBC Robson Square Vancouver, BC Salute First Name Last Name Position/Title Firm/Company Address City Province/Territory Postal Code Telephone Fax Paid by: VISA MasterCard Cheque payable to Pacific Business & Law Institute / / / / Card Number Expiry Date Please indicate your areas of interest for future notifications (select all that apply): Aboriginal Law Human Rights Treaty Taxation Environment Other How did you hear about this conference? Brochure Colleague PBLI Website Other Register today at Please recycle

Canadian Aboriginal Law to 10.5 hours of CLE, MCLE or professional development credits. Approved for up

Canadian Aboriginal Law to 10.5 hours of CLE, MCLE or professional development credits. Approved for up Approved for up to 10.5 hours of CLE, MCLE or professional development credits Canadian Aboriginal Law 2011 Co-Chaired by Miller Thomson LLP Janes Freedman Kyle Law Corporation November 24 th & 25 th,