Aboriginal Law, Consultation & Accommodation

MASTERCLASS C: Friday, February 24, 2012

C | Creating Key Model Documents: Impact Benefit Agreements, & Partnership Agreements 8:30 am – 4:30 pm

Cynthia Westaway
Aboriginal Law Practice Leader, Ottawa
Borden Ladner Gervais LL

In this unique full day seminar, learn invaluable, practical strategies for creating and drafting key documents crucial to the consultation process. These leading Aboriginal Law specialists will guide you through the process of creating impact benefit agreements and key partnership agreements, based on your unique scenario. With the benefit of actual (anonymous) agreements, you will create, share and critique samples of strong, legally binding documents that will ground your future consultation experiences.

Impact Benefit Agreements

Part One

An introduction to the IBA: What is it, what are the driving forces behind its development and why is it so important for you?

Key elements of an IBA

• Approaches to an IBA: How do you come to the table?
• What kind of preparation and due diligence leads to success?
• Developing a common strategy document: How do you set your priorities?
• Capacity building: How can you see and integrate other perspectives?
• Applicable legal regimes: How can we get it “right” in a complex environment?
  

Part Two

In this section, you will use scenario analysis to practice key strategies for creating a successful IBA, from negotiations strategy, drafting clauses, troubleshooting to impasse management. Gain key insights from your workshop leaders into which types of clauses have worked well, and which have not.

Part Three

Implementation of the IBA: How you can create a living document. Put what you have learned into practice by having the opportunity to draft some key clauses to take back with you to use as a template to use in the future.

Partnership Agreements

In today’s environment of increasingly complex partnership agreements, it is more important than ever to know how to go about planning and drafting a partnership agreement that is beneficial for you. In this section, learn about the key factors you should consider when deciding on a partnership regime, and how to effectively capture it in an agreement.

* Lunch will be served for attendees of Workshop C

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