Aboriginal Law, Consultation & Accommodation

INTERACTIVE WORKSHOPS: Tuesday, February 21, 2012

A | Mastering the Fundamentals of Aboriginal Law
9:00 am – 12:00 pm

John Rowinski
Law Office of John Rowinski

This invaluable pre-program seminar will prepare you with the essentials of Aboriginal Law so that you can truly make the most of your experience at the conference. Ensure you master complex issues and legal principles presented in a framework of the most recently decided cases, as well as historically. At the end of this seminar, you will have a clear grasp of the Aboriginal Law concepts and factors that will impact you throughout your consultations, regulatory proceedings and litigation, including:

• What is the “duty to consult” and where does “accommodation” fit into this framework?
• An overview of modern and historical treaties and treaty territories in effect in Ontario
• Reviewing the basics of Aboriginal law generally and specifically as it pertains to the duty to consult
  • Knowing the difference between Aboriginal rights and Aboriginal title
  • Exploring the legalities of treaties to understand their impact on consultations
  • Determining jurisdictions: which level of government is involved at each step?
• Clarifying the definitions of “Fiduciary Duty” and the “Honour of the Crown”
• Aboriginal rights and regulatory proceedings Judicial review of government decisions impacting Aboriginal rights
• Distinguishing between specific and comprehensive claims
• Analyzing the concept and reality of Aboriginal self-government

John Rowinski
Law Office of John Rowinski

In this unique half day workshop, delegates will work together in an intimate setting to create an effective consultation protocol to address your community’s specific needs. With communities being overwhelmed with consultation requests, an effective protocol can help to bring order and efficiency to such requests. Consultation protocols can be shared on an anonymous basis for review and comment. Our experienced workshop leader will lend his extensive experience to ensure you take away with you a clear grasp on how to develop a consultation protocol from scratch so that you are able to create a template before seeking legal advice for your individual protocols.

• Understanding the legal aspects of the consultation framework
• Analyzing protocols to pinpoint useful and strategic language that will ensure success for your community
• How to draft in the requirement for crucial capacity funding
• Assessing specific protocol clauses to determine which ones have worked and which ones do not
• How to build council and community consensus around the protocols once they are developed
• Creating and providing you with a template to assist you with any future protocols you will develop

*Lunch will be served for those who are attending for the full day (both workshops A & B).

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