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

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1 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, 2011 Fairmont Château Laurier Ottawa, ON 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

2 Co-Chairs, Partner, Miller Thomson LLP, Toronto, ON. Ms. Gogal has extensive experience dealing with Aboriginal and environmental issues in the natural resource and energy sector. Ms. Gogal has worked both in house and in private practice on large resource development projects. While in house, she was responsible for advising general counsel on all matters relating to Aboriginal, environmental and regulatory law. Ms. Gogal has acted for a number of large industry clients in the mining, hydro, forestry and oil and gas sectors on matters relating to Aboriginal consultation, environmental assessments, and the negotiation of several accommodation and impact and benefit agreements between industry and First Nations. She has also acted for the Ministry of Natural Resources, Government of Ontario, advising the Ministry on matters relating to Aboriginal consultation in the areas of hydro and wind power, forestry and mining, including legislative and policy drafting. In the course of her practice, Ms. Gogal has worked with many Aboriginal communities including the First Nations, Inuit and Métis in Ontario, Quebec and Atlantic Canada. She provides sound strategic and legal advice to her clients in developing projects on treaty and unsettled Aboriginal lands. In addition to negotiating agreements and settlements with Aboriginal communities, Ms. Gogal has acted as litigation counsel in Aboriginal matters before the Supreme Courts and Superior Courts in Newfoundland and Ontario., Partner, Janes Freedman Kyle Law Corporation, Vancouver, 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. Canadian Aboriginal Law 2011 The Latest Changes and Their Impact This conference assembles the leading minds in the field of Canadian Aboriginal law. Over two dynamic days of in-depth explanation and discussion, you will learn of the significant legal decisions and legislative changes that are affecting critical areas in this field. Staying up to date on these changes is crucial to effectively work in the field of Aboriginal law, as well as to properly exercise rights and responsibilities. You will come away with a secure foothold in the following core areas: 1. Aboriginal Rights and Title What is the latest case law and its impact? How are First Nations implementing Aboriginal rights? What cases are currently before the courts? 2. Aboriginal Rights and Species at Risk Is there a new common law duty to conserve emerging? Will traditional ways of life be lost with the caribou? Can resource development proceed without extirpating caribou herds? 3. Treaty Making Complete overview of the climate in 2011 and the status of treaty tables. What are the key issues in negotiation? What are some of the best communication strategies? What are the core issues in implementation and how are they being addressed? 4. Treaty Interpretation What guidance do the most recent decisions provide? What are some of the core issues around the co-existence of treaty rights and Aboriginal rights? How are the courts interpreting peace and friendship treaties from the Atlantic Provinces? 5. Changes to the Human Rights Act What does the repeal of S. 67 of the Human Rights Act mean for First Nations? How do you bring a complaint before the Human Rights Commission? What must First Nations do to ensure services and programs comply with the revised Human Rights Act? 6. Statutory Changes Affecting Status What did the Courts find discriminatory about the status rules? What new amendments to the Indian Act have stemmed from the McIvor decision? What practical impact will these changes have on status, membership and funding? 7. Consultation and Accommodation What are the recent developments on the the role of administrative tribunals? On limitation periods? On impact benefit agreements in the context of the environmental assessment process? Is the trend in recent case law making it difficult for Aboriginal communities to develop meaningful land use plans? What is happening in First Nations as far as developing and implementing consultation protocols? What are best practices for protocols that translate into real benefits? 8. Cumulative Effects How can we evaluate the impact of cumulative effects on Aboriginal treaty rights? How can governments satisfy themselves that cumulative effects have been properly considered in the context of impact benefit agreements and access issues? 9. First Nations Tax Exemptions What is the latest word from the Supreme Court of Canada? Where do we go after Bastien and Dube? What are some strategies for securing the section 87 tax exemption? How can the tax exemption be used as a tool for economic development? 10. Privacy Issues on Reserve What is the applicable law? How is this context unique? 11. Core Procedural Issues in Litigation and Administrative Proceedings What are key challenges in litigating Aboriginal claims? What is new in the areas of expert and documentary evidence, discoveries, class actions, severance and framing of the claim? What are some of the major conceptual challenges for the litigation process and how do you best address these? This Forum is Designed For: Lawyers practising in the areas of Aboriginal law and/or resource development Treaty and consultation/accommodation negotiators Aboriginal government leaders and negotiators Owners, managers and representatives of resource development companies and companies operating on Crown land Federal, provincial and municipal government officials involved with resource development, the management of Crown land and Aboriginal peoples Consultants and others working in Aboriginal law or resource development Aboriginal Youth Sponsorship Program: For information about applying please visit

3 The Faculty Chantal Bernier, Assistant Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada, Ottawa, ON. Ms. Bernier was appointed Assistant Privacy Commissioner of Canada effective December 8, She was previously Assistant Deputy Minister, Community Safety and Partnerships Branch, at Public Safety Canada. She also served as Assistant Deputy Minister, Socio-Economic Policy and Programs, at Indian and Northern Affairs Canada from 1999 to 2002 and Director of Operations, Machinery of Government Secretariat, at the Privy Council Office from 1998 to Ms. Bernier is a lawyer who started her career in the Federal government in the Department of Justice Canada. She holds a Bachelor of Civil Law from the University of Sherbrooke and a Masters in Public International Law from the London School of Economics and Political Science. Christopher Devlin, Partner, Devlin Gailus Barristers and Solicitors, Victoria, BC. Mr. Devlin focuses on Aboriginal and Treaty law on behalf of First Nations and tribal councils. He practices Aboriginal law throughout British Columbia and northern Alberta, as a litigator, negotiator and legal advisor. Mr. Devlin was counsel for West Moberly First Nations at the recent appeal of West Moberly First Nations v. British Columbia concerning Treaty rights and the protection of caribou habitat. He is the past chairperson of the CBA s National Aboriginal Law Section. He currently serves on the CBA s National Aboriginal Law Section s Law Reform Committee. Maxime Faille, Partner, Gowlings LLP, Ottawa, ON. Mr. Faille practises in the areas of Aboriginal law, public law and general litigation. He is the National Leader of Gowlings Aboriginal Law Group, and is counsel in several Aboriginal tax matters. Mr. Faille teaches trial advocacy at the University of Ottawa s Faculty of Law, and has also lectured on constitutional litigation. He has been a lecturer on the Law of Public Authorities in the Master s of Public Administration program at Carleton University. Mr. Faille is a member of the Barristers Advisory Group to the Law Society of Upper Canada, and has been called to the Bars of the Northwest Territories and of the Yukon. Murray Klippenstein, Klippensteins Barristers & Solicitors, Toronto, ON. Mr. Klippenstein practises in the fields of native rights, environmental law, affordable housing and housing co-operatives, employment law, defamation and civil rights. Mr. Klippenstein has represented the environmental group Pollution Probe, the Co-operative Housing Federation of Canada, Campesinos from South America who are suing Canadian mining companies in Ontario for alleged human rights abuses, and numerous First Nations and individuals. He has represented the Mushkegowuk Tribal Council on James Bay for over 15 years in numerous negotiations and court cases. Mr. Klippenstein also represented the estate and family of Dudley George for nine years of litigation against the province, the police, and Premier Mike Harris, as well as calling for a public judicial inquiry. Sara Mainville, Barrister and Solicitor, Fort Frances, ON. Ms. Mainville is both an academic and lawyer who lives and works from her home community of Couchiching First Nation, which is adjacent to Fort Frances, Ontario. Ms. Mainville completed her LL.B. (Queen s) and LL.M (Toronto). She has a wealth of experience working for First Nations on consultation files. Ms. Mainville s unique experience assisting First Nations to assert their own jurisdiction makes her a tremendous asset to both the Aboriginal legal community and First Nations in Canada. Eugene Meehan, Q.C., Litigation Partner, McMillan LLP, Ottawa. Mr. Meehan s primary work is assisting other lawyers in taking cases (both Leave to Appeal and Appeal) to the Supreme Court of Canada. Mr. Meehan holds four degrees in law: University of Edinburgh (LL.B.), McGill University (LL.M.), University of Ottawa (LL.B.) and Doctor of Civil Law from McGill University (D.C.L.) and is a practising member of six bars: Ontario, Alberta, N.W.T., Yukon and Nunavut, and he is licenced to practise law in the state of Arizona, U.S.A. His former positions include: Executive Legal Officer, Supreme Court of Canada, , and National President, Canadian Bar Association, He was appointed Queen s Counsel in Mr. Meehan, Q.C. has authored/co-authored eight books, including the Supreme Court Manual: Practice & Advocacy (Canada Law Book, 2011, Loose-leaf, updated) amongst others. He was selected by peers to be included in the 2010 edition of The Best Lawyers in Canada for Public Law, Administrative Law, and Aboriginal Law. Mr. Meehan, Q.C. provides legal services to clients and members of the legal profession in French, English, and Scottish. John A. Olthuis, Founding Partner, Olthuis Kleer Townshend LLP, Toronto, ON. Mr. Olthuis represents First Nations across Canada in litigation matters and in major negotiations, including negotiating for comprehensive and specific land rights, self-government, and impacts and benefits agreements with project proponents. Mr. Olthuis was legal counsel to Chiefs of Ontario and table negotiator at the Aboriginal Government table for the Assembly of First Nations in the Charlottetown Accord Constitutional negotiations. He has also appeared as counsel in environmental cases and before various Federal boards, commissions and agencies across Canada, including the National Energy Board, the Berger Commission and Federal and Provincial environmental assessment panels. Mr. Olthuis was selected by his peers as Best Lawyers Lawyer of the Year 2010, and was included in The Best Lawyers in Canada 2009 and in The Best Lawyers in America 2008 in the field of Aboriginal Law. He is listed as most frequently recommended by Lexpert Directory. He is a member of the Ontario Bar and has published extensively. The Honourable Peter Penashue, Minister of Intergovernmental Affairs and President of the Queen s Privy Council of Canada, Ottawa ON. Minister Penashue was first elected to the House of Commons in May 2011 and is the first First Nations Member of Parliament to be appointed as a Minister. He has played a number of leadership roles in Labrador and for his community. He held positions with the Band Council and the Naskapi Montagnais Innu, including Land Claims Director, Executive Director and Financial Administrator. At the age of 26, Mr. Penashue was elected President of the Innu Nation. He served as Grand Chief from 1990 to 1997 and from 1999 to 2004, and as Deputy Grand Chief from 2007 to He was also a very successful entrepreneur. Mr. Penashue has been recognized as one of the leading spokespersons for Innu rights and interests. He contributed to the recognition of Innu rights, the evolution of relationships with the federal and provincial governments, and the negotiation of settlements for land claims and self-government. He was born and raised in the Innu community of Labrador. He graduated from Brother Rice High School in St. John s and pursued studies at Memorial University of Newfoundland. David Schulze, Partner, Dionne Schulze Attorneys, Montreal, PQ. Mr. Schulze has specialized in Aboriginal law since his call to the Bar. He has represented Aboriginal governments primarily but also other non-profit organizations as well as individuals, both in Quebec and elsewhere in Canada. He has appeared before the Supreme Court of Canada, the Federal Court and Courts of Quebec at all levels, as well as before administrative tribunals such as the National Energy Board. He appeared for the Abenaki interveners in the McIvor case before the B.C. Court of Appeal. In addition to providing advice on Aboriginal and treaty rights, Mr. Schulze advises and represents clients on issues including: environmental assessment; employment relations and human rights taxation; access to information and privacy; corporate governance for non-profits and local economic development. Mr. Schulze is currently a contributing editor to the Canadian Native Law Reporter and a member of the Bar of Quebec s Committee on the Law and Aboriginal Peoples. He is trained as a historian with a specialization in Canadian history and was previously employed as a professional journalist. Mr. Schulze has published extensively on Aboriginal legal issues and beyond. Michael R. Stephenson, Ministry of the Attorney General, Toronto, ON. Mr. Stephenson holds an Honours B.A. from the University of Toronto, an LL.B. from the University of Ottawa and an LL.M. from Cambridge University. Called to the Ontario Bar in 1989, he practised with Blake, Cassels & Graydon LLP for 14 years, where his work included a wide variety of civil litigation and related opinion work, with particular emphasis on business disputes, banking and bills of exchange, environmental cases and Aboriginal claims frequently involving complex, multi-party proceedings. In 2003 Mr. Stevenson joined the Crown Law Office - Civil within Ontario s Ministry of the Attorney General, where his practice has focused primarily on Aboriginal litigation. He currently leads Ontario s Aboriginal litigation team for civil matters, and was recently lead counsel for the Province on Ontario s first civil trial of an Aboriginal claim in 25 years. In addition to his litigation practice, Mr. Stephenson taught as an adjunct professor with Osgoode Hall Law School. He has written and presented on a variety of topics including Aboriginal law and litigation, the litigation process, and others. S. Ronald Stevenson, Senior General Counsel, Aboriginal Law, Aboriginal Affairs Portfolio, Department of Justice Canada, Ottawa, ON. Called to the Bar of Newfoundland in 1985 and Ontario in 2000, Mr. Stevenson has concentrated his practice on constitutional litigation and advice for the Governments of Newfoundland and Labrador and Canada. He joined the federal Department of Justice in Before assuming his present responsibilities in 2000, he was General Counsel, Native Litigation Coordinator and General Counsel, Specific Claims. He holds degrees in political science from Memorial University of Newfoundland and the University of Oxford and a law degree from the University of Victoria and Osgoode Hall Law School.

4 Canadian Aboriginal Law November 24 th, :00 Welcome and Introduction to Day One Miller Thomson LLP Keynote Address Janes Freedman Kyle Law Corporation 9:10 The Future of Aboriginal Peoples in Northern Canada The Honourable Peter Penashue Minister of Intergovernmental Affairs and President of the Queen s Privy Council of Canada 9:40 Questions and Discussion Aboriginal Rights and Title 9:50 Part One: Legal Update Maxime Faille Gowlings LLP The latest case law and its impact Current cases before the courts How are First Nations implementing Aboriginal rights? Key issues in negotiation Examples of good communication strategies Stories from the other side: Core issues in implementation 12:20 Questions and Discussion 12:30 Luncheon Adjournment 2:00 Part Two: Treaty Interpretation Janes Freedman Kyle Law Corporation Latest cases Practical implications Peace and friendship treaties from the Atlantic provinces The co-existence of treaty rights and Aboriginal rights 2:35 Questions and Discussion 2:45 Refreshment Adjournment 10:30 Questions and Discussion 10:40 Refreshment Adjournment 10:55 Part Two: Aboriginal Rights and Species at Risk Are Caribou the New Canaries in the Coal Mine? Christopher Devlin Devlin Gailus Barristers and Solicitors Issues arising from First Nations conflict with resource development and its impacts on endangered caribou herds Is a new common law duty to conserve emerging? Will traditional ways of life be lost with the caribou? Can resource development proceed without extirpating caribou herds? B.C. West Moberly v. Chief Inspector of Mines (BCCA) Alberta Beaver Lake First Nation v. Minister of Environment Northwest Territories prohibition on caribou harvesting 11:30 Questions and Discussion Treaty Update 11:40 Part One: Treaty Making in 2011 John A. Olthuis Olthuis Kleer Townshend LLP The climate in 2011 Status of treaty tables Innu New Dawn agreement Statutory Changes Affecting Individuals 3:00 The Repeal of S. 67 of the Human Rights Act Murray Klippenstein Klippensteins Barristers & Solicitors The history of this section what is changing? Is this progress? Assimilation? Are more scarce First Nation dollars going to lawyers? Bringing a complaint before the Human Rights Commission Future cases to watch for Strategies for a First Nations perspective at the Human Rights Commission How can First Nations deliver services and programs in compliance with the HRA? 3:35 Questions and Discussion 3:45 Implementation of the McIvor Decision David Schulze Dionne Schulze Attorneys Amendments stemming from the McIvor decision What will the impact be? New issues 4:20 Questions and Discussion 4:30 Chairs Closing Comments and Conference Concludes for Day One REGISTER TODAY!

5 Canadian Aboriginal Law November 25 th, :00 Welcome and Introduction to Day Two Miller Thomson LLP Janes Freedman Kyle Law Corporation Consultation and Accommodation 9:10 Part One: Legal Update and Current Trends S. Ronald Stevenson Department of Justice Canada The big trends impacting consultation and accommodation The role of administrative tribunals Rio Tinto Alcan Inc., et al v. Carrier Sekani Tribal Council (SCC) Consultation and limitation periods Athabasca Chipewyan First Nation v. Alberta (Minister of Energy) Consultation and impact benefit agreements in the context of the environmental assessment process- Nunatukavut Community Council Inc. v. Newfoundland and Labrador Hydro Electric Corporation (Nalcor Energy) Consultation within the environmental assessment process versus outside of the environmental assessment process Nlaka pamux Nation Tribal Council v. British Columbia (Environmental Assessment Office) 9:50 Questions and Discussion 10:00 Part Two: The Role of Traditional Land Use and Community Land Use Planning in the Consultation Process Miller Thompson LLP Is the trend in recent case law making it difficult for Aboriginal communities to develop meaningful land use plans? What is the interplay between the duty to consult and accommodate and the study of cumulative effects in the environmental assessment process? 10:40 Questions and Discussion 10:50 Refreshment Adjournment 11:05 Part Three: Developing and Implementing Consultation Protocols Sara Mainville Barrister & Solicitor What is happening within First Nations to build capacity? Best practices for protocols that translate into real benefits 11:40 Questions and Discussion Contentious Areas of Aboriginal Law Legal Update 11:50 Cumulative Effects Eugene Meehan, Q.C. McMillan LLP What is the latest word from the courts? Evaluating the impact of cumulative effects on Aboriginal treaty rights Impact benefit agreements and access issues - how can governments satisfy themselves that cumulative effects have been properly considered? 12:25 Questions and Discussion 12:35 Luncheon Adjournment 2:00 First Nation Tax Exemptions Maxime Faille Gowlings LLP Case law update Bastien and Dubé: Where do we go from here? Strategies for securing the s. 87 tax exemption Tax exemption as a tool for economic development 2:35 Questions and Discussion 2:45 Privacy Issues on Reserve Chantal Bernier Assistant Privacy Commissioner of Canada The applicable law The unique context 3:20 Questions and Discussion 3:30 Refreshment Adjournment Practice Issues 3:45 Core Procedural Issues in Aboriginal Litigation Michael R. Stephenson Ontario Ministry of the Attorney General Conceptual challenges for the litigation process Class actions Key procedural issues and challenges: The nature of the lis and framing of the claim, severance, discoveries, expert and documentary evidence 4:20 Questions and Discussion 4:30 Chairs Closing Comments and Conference Concludes

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 HST of $ totalling $1, covering your attendance at the conference, written materials, a light breakfast, and refreshments throughout the day. Multiple Course: Register for both Canadian Aboriginal Law 2011 and First Nation Trusts on November 23 rd for a discounted registration of $1, plus HST of $ totalling $1, * *This offer cannot be combined with any other discount. When and Where: Check-in begins at 8:30 a.m. The conference starts at 9:00 a.m. The Fairmont Château Laurier is located at 1 Rideau Street in Ottawa, ON. For hotel reservations, please contact the hotel directly at Course Accreditation: Attendance at this course can be listed for up to 10.5 hours of continuing professional development with the Law Societies of BC and Upper Canada. The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by another Law Society which has adopted MCLE for its members. 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 conference. Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this conference. Please contact us at registrations@pbli.com if you are unable to attend the conference and wish to purchase a set of materials. Cancellations: Full refunds will be given for cancellations if notice is received in writing five full business days prior to the conference (November 17 th, 2011). Unfortunately, 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. Registration Form Pacific Business & Law Institute Chestnut Street Vancouver, BC Canada V6J 4M6 Telephone , Fax registrations@pbli.com Canadian Aboriginal Law 2011 November 24 th & 25 th, 2011 Fairmont Château Laurier Ottawa, ON General: $1, plus HST of $ totalling $1, Multiple Course: $1, plus HST of $ totalling $1, Salute First Name Last Name Position/Title Firm/Company Address City Province 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 Government Tax Finance Environment Other How did you hear about this conference: Brochure Colleague PBLI Website Other Register today at Printed on recycled paper