An In-Depth and Practical Review of the Duty to Consult for the Consultation Officer

Feb 19, 2019 8:00am - 10:00am

Speakers

David K. Laidlaw
Research Fellow, Canadian Institute of Resources Law Faculty of Law
University of Calgary

Future Focused Oil Refinery Tour

Feb 19, 2019 1:00pm - 5:00pm

Speakers

Vanessa Goodman
Manager, External Relations
North West Redwater Partnership

Alternative Dispute Resolution in an Indigenous Context

Feb 19, 2019 6:00pm - 8:00pm

Speakers

Elder Rick Lightning
Mediator
Ermineskin Cree First Nation

Day 1 - Wednesday, February 20, 2019

7:45
Registration and Networking Breakfast
8:45
Traditional Welcome
9:00
Opening Remarks from the Chair
9:15

STATUS UPDATE

Federal Action on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
9:45

PANEL

Effective Consultation in an UNDRIP Framework
10:45
Networking Refreshment Break
11:00

PANEL

Top Cases Affecting Indigenous Consultation and the Consultation Officer
12:15
Networking Luncheon for Speakers and Delegates
1:30

WORLD CAFÉ

Best Practices for Consultation & Engagement
3:15
Networking Refreshment Break
3:30

CASE STUDY

Partnerships that work: Indigenous communities, Industry & NGOs
4:15

KEYNOTE

A View from the North on Consultation Policy
5:00
Closing Remarks from the Chair
Conference Adjourns

Day 2 - Thursday, February 21, 2019

8:30
Registration and Networking Breakfast
9:00
Opening Remarks from the Chair
9:05
Update on the Alberta Consultation Office Policy Review
9:40

PANEL

Perspectives on the Provincial Policy
10:40
Networking Refreshment Break
11:00
Update on Major Projects and Environmental Assessments
11:45

CONSULTATING MODEL

Addressing the TRC Calls to Action in Indigenous Consultation and Engagement
12:30
Networking Luncheon for Speakers and Delegates
1:30
EVERYTHING YOU WANTED TO KNOW About Green Initiatives
3:00
Networking Refreshment Break
3:15

EXPERT INSIGHT

Incorporating Traditional Indigenous Knowledge into Environmental Assessments
4:15

CLOSING KEYNOTE

History and Future of Treaty Rights
4:45
Closing Remarks from the Chair
Conference Adjourns

Day 1 - Wednesday, February 20, 2019

7:45
Registration and Networking Breakfast
8:45
Traditional Welcome
9:00
Opening Remarks from the Chair

Brian MacDonald
Assistant Deputy Minister Aboriginal Relations Division Executive Council Office
Government of Yukon

9:15

STATUS UPDATE

Federal Action on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

Ana Stuhec
Director General and Senior General Counsel, Aboriginal Affairs Portfolio
Justice Canada

  • Accomplished steps to adopting the UN Declaration, and remaining action items
  • Anticipating barriers to adopting a UN Declaration policy

9:45

PANEL

Effective Consultation in an UNDRIP Framework

Jorge Avilés
Manager, Stakeholder & Community Relations
CWL Energy Management

Ana Stuhec
Director General and Senior General Counsel, Aboriginal Affairs Portfolio
Justice Canada

  • Unpacking the gap between the current political status of the UN Declaration in Canadian law and how it can be used effectively in day-to-day consultation work
  • Expectations for groups to independently adopt the framework of the UN Declaration
  • What constitutes consent?
  • Report card on the implementation of the recommendations from the Truth & Reconciliation Report (TRC)

10:45
Networking Refreshment Break
11:00

PANEL

Top Cases Affecting Indigenous Consultation and the Consultation Officer

David K. Laidlaw
Research Fellow, Canadian Institute of Resources Law Faculty of Law
University of Calgary

Hon. Robert Philp, Q.C.
Former Judge
Alberta Provincial Court
Former Chief, Commission and Tribunals

Alberta Human Rights Commission

  • Significance of Burnaby (City) v. Trans Mountain Pipeline ULC, (2017), and other court actions involving Kinder Morgan
  • Effects of the Supreme Court of Canada’s ruling on the Mikisew Cree First Nation appeal and the creation on future legislation
  • Balancing the charter right to religious freedom and the Supreme Court of Canada’s ruling in the Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) (2017)
  • Challenging the government’s effectiveness to implement the annuity augmentation of the treaty in Mike Restoule, et al. v. The Attorn, The Attorney General of Ontario and Her Majesty the Queen in Right of Ontario
  • Applying Duty to Consult to the legislative process as discussed in Canada (Governor General in Council) v. Mikisew Cree First Nation (2017) and the effect on a tribunal, board or commission to make

12:15
Networking Luncheon for Speakers and Delegates
1:30

WORLD CAFÉ

Best Practices for Consultation & Engagement

Charla Huber
Communications & Indigenous Relations
M’akola Housing Society & M’akola Development Services

Elder Rick Lightning
Mediator
Ermineskin Cree First Nation

Jodie-Lynn Waddilove, B.A., M.A., LL.B.
Senior Legal Counsel
Independent Street Checks Review

This interactive session will begin with a presentation on understanding the procedural tenants of a roundtable discussion. A talking piece will give everyone an opportunity to voice their ideas. Four speakers will facilitate four discussions, and delegates with mix and move into different talking circles during 20-minute intervals.

  • Discuss One: Starting, building and maintaining respectful relationships
  • Discussion Two: Avoiding common pitfalls – Suggestions for managing timelines, expectations and capacity
  • Discussion Three: Sharing anecdotes from a successful project, business interaction or engagement
  • Discussion Four: Preparing for change – Adapting to changes in dialogue, participants and expectations

3:15
Networking Refreshment Break
3:30

CASE STUDY

Partnerships that work: Indigenous communities, Industry & NGOs

Carmen Driechel
Community and Indigenous Relations Manager
FortisBC

Charla Huber
Communications & Indigenous Relations
M’akola Housing Society & M’akola Development Services

Success stories involving partnerships between Indigenous communities, governments, industry and non-profit organizations, including the story of Beecher Bay First Nation’s $300-million project to build a town and resort outside Victoria, BC.

  • Bringing in key players, and building relationships
  • Incorporating Equity into Project Planning

4:15

KEYNOTE

A View from the North on Consultation Policy

Shaleen Woodward
Deputy Secretary, Indigenous and Intergovernmental Affairs, Department of Executive and Indigenous Affairs
Government of the Northwest Territories

  • Paths Forward on Outstanding Land Claims and resource agreements in the Northwest Territories
  • Concluding and Implementing Land Claim and Self-Government Agreements

5:00
Closing Remarks from the Chair
Conference Adjourns

Day 2 - Thursday, February 21, 2019

8:30
Registration and Networking Breakfast
9:00
Opening Remarks from the Chair
9:05
Update on the Alberta Consultation Office Policy Review

Stan Rutwind, QC
Special Advisor, Consultation Policy, Indigenous Relations
Government of Alberta

A look at the ongoing review of Alberta’s consultation policy including: Renewing the Government of Alberta’s Policy on Consultation with First Nations on Land and Natural Resource Management (2013)

  • Renewing the Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management (2015)
  • Creating a Non-settlement Metis Consultation Policy
  • Tracking progress and next steps

9:40

PANEL

Perspectives on the Provincial Policy

Gerald Cunningham
President
Métis Settlements General Council

Stan Rutwind, QC
Special Advisor, Consultation Policy, Indigenous Relations
Government of Alberta

Experts will discuss the changing consultation policies, their impact of the ongoing review on current consultation projects, and their expectations going forward. Delegates are invited to pose questions to the panelists.

  • Utilizing the current provincial policing, its effectiveness and how it aligns or deviates from other consultation policies
  • Discussing the meaning of consent and approaches to meaningful consent
  • Common pitfalls in consultation, avoiding problems and turning consultation failures into success

10:40
Networking Refreshment Break
11:00
Update on Major Projects and Environmental Assessments

  • Status of projects in Western Canada currently under review
  • Understanding current requirements, timelines and the checklist for project certainty
  • Meeting regulatory standards
  • Knowledge sharing for securities management and assessments

11:45

CONSULTATING MODEL

Addressing the TRC Calls to Action in Indigenous Consultation and Engagement

Brian MacDonald
Assistant Deputy Minister Aboriginal Relations Division Executive Council Office
Government of Yukon

Hear about the Yukon Government’s commitment to implement the Truth and Reconciliations Commission’s Calls to Action, and prioritize Indigenous issues, as part of its renewed relationship.

  • Providing support government departments on reconciliation initiatives including consultation, building intergovernmental relationships, and the negotiation and implementation of agreements with First Nations.

12:30
Networking Luncheon for Speakers and Delegates
1:30
EVERYTHING YOU WANTED TO KNOW About Green Initiatives

David C. Bressler
Professor Bioresource Technology
University of Alberta

Jorge Avilés
Manager, Stakeholder & Community Relations
CWL Energy Management

Time to get out of your chairs and hear the latest trends and initiatives from the renewable energy sector. Renewables currently provide about 18% of Canada’s total primary energy supply according to Natural Resources Canada. Wind and solar photovoltaic are the fastest growing sources of electricity in Canada, with other sources including liquid biofuels, hydroelectricity and biomass. Groups will move and mix in 20-minute intervals.

3:00
Networking Refreshment Break
3:15

EXPERT INSIGHT

Incorporating Traditional Indigenous Knowledge into Environmental Assessments

Ira Provost
Manager Piikani Consultation & Piikani Traditional Knowledge Services
Piikani Nation

Justin Gaudet
Consultation Coordinator
Paddle Prairie Métis Settlement

Mark Sinclair
Industry Consultation
Peavine Métis Settlement

  • Debating the overlap between Traditional Knowledge and Western science
  • Tools for using TK in Environmental Assessment reports effectively
    • Regulatory requirements for industry
  • Sharing or maintaining the integrity of TK
  • Budgeting to fulfill TK requirements, including service fee structures and capacity building

4:15

CLOSING KEYNOTE

History and Future of Treaty Rights

Roland Twinn
Chief
Sawridge First Nation

  • Differentiating between conditional and inherent rights
  • Integrating Indigenous rights into policy and projects including examples of respected rights and protected rights
  • Examples of treaty rights upheld in court decisions
  • Discussing difference between Indian Act and treaty rights

4:45
Closing Remarks from the Chair
Conference Adjourns

Drafting and Negotiating Agreements with Project Partners: Principles to Consider for Non-Legal Professionals

Feb 19, 2019 10:15am - 12:15pm

$295

Speakers

Stacey Jessiman de Nanteuil
Senior Counsel
DGW Law Corporation

What is it about?

Participate in an in-depth discussion on drafting and negotiating project-related agreements, to learn what you need to know before hiring legal assistance.

  • Tax, liability, and other factors to consider in choosing the right project corporate structure – e.g., when/when not to use a limited partnership, corporation, joint venture etc.
  • Common scenarios for negotiating and drafting project-related agreements, including:
    • Standard contract terms and expectations
    • Common pitfalls/problems, how to recognize, avoid and correct them
    • Why/how to incorporate provisions relating to Indigenous culture and heritage
  • Financial risk management including:
    • Tools for financial controls
    • Tracking your Returns on Investment
    • Ensuring transparency
  • Understanding consultation and accommodation policies and agreements
  • Ensuring your agreement is upheld by third-party contractors

An In-Depth and Practical Review of the Duty to Consult for the Consultation Officer

Feb 19, 2019 8:00am - 10:00am

$295

Speakers

David K. Laidlaw
Research Fellow, Canadian Institute of Resources Law Faculty of Law
University of Calgary

What is it about?

Receive an introduction to the Duty to Consult legislation, how it has been used in past, current court
proceedings, and how it can be applied to on-the-ground consultation work.

  • Understanding which types of projects will trigger Duty to Consult, which will not, and the grey area
  • Itemizing the bare bones legal requirements to meet Duty to Consult, and calculating whether consultation has been sufficient
    • Discussing failure to consult
    • Identifying inadequate consultation and next steps
  • Examine Duty to Consult as a minimum standard and discuss current trends in court proceedings and consultation agreements

Future Focused Oil Refinery Tour

Feb 19, 2019 1:00pm - 5:00pm

$295

Speakers

Vanessa Goodman
Manager, External Relations
North West Redwater Partnership

What is it about?

This bus tour will take you to the NWR Sturgeon Refinery, approximately 45km north-east of Edmonton, and through the facility, which is the first in the world to offer an integrated carbon capture solution designed from the start – capturing 1.2 million tons of CO2 annually. The facility has completed phase one of a three-phase construction plan.

  • Tour Alberta’s newest stand-alone refinery—the first to be built in Canada in more than 30 years
  • Discuss green initiatives to produce a safe, profitable and environmentally responsible bitumen refinery creating high value products for Alberta and the world
  • Employing over 8,000 people at peak construction for phase 1 and 400 for long term operations, including efforts to attract workers from local First Nations

Alternative Dispute Resolution in an Indigenous Context

Feb 19, 2019 6:00pm - 8:00pm

$295

Speakers

Elder Rick Lightning
Mediator
Ermineskin Cree First Nation

What is it about?

Avoid the dispute! Gain cultural competency and an Indigenous perspective while learning the tools and techniques of dispute resolution.

  • Understand the three basic methods of dispute resolution: Mediation, Arbitration and Litigation
  • Learn core aspects of Indigenous dispute resolution
    • Conducting an effective talking circle to encourage open dialogue
  • Applications in Indigenous consultation and accommodation process
    • Gaining consent
    • Communication methods