Agenda
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Policy, Governance, Legal Reforms and Updates
May 21, 2024
Registration Opens and Refreshments Served
Keynote Address
Negotiating with Government for Community Rights: Resource Sovereignty, Economic Empowerment, Revenue Sharing, and Consultation on Legislation
David PrattFirst Vice-ChairFederation of Sovereign Indigenous Nations
Delegates will learn about the top factors influence consultations in 2024, including economic empowerment, environmental stewardship, and climate disaster management. Delegates will gain an understanding of the challenges and priorities facing First Nation communities across Canada and how these factors influence decisions within consultation processes. Discussion topics will include:
- Reviewing the distinction between consultation vs consent in UNDRIP implementation, and how to apply this distinction to your consultation plans
- Predicting the impact of climate change disaster impacts and develop a checklist of items that will help avoid cumulative effects
- Calculating economic empowerment and revenue sharing goals during consultations projects
CUMULATIVE EFFECTS
Repercussions of the Blueberry River Court Decision: Everything You Need to Know and the Ongoing affects it has on Consultation in Practice
Judy DesjarlaisChiefBlueberry River First Nation
Amyn LaljiPartnerMLT Aikins LLP
The result of the landmark case, the Yahey v British Columbia, (2021) BCSC, also known as the Blueberry River Court decision has led governments to be more diligent in considering cumulative impacts earlier in the project development process. In this session we will focus on:
- Debating how governments should consider cumulative impacts when issuing programs and project approvals
- Examining the level of development needed to infringe on rights
- Discussing farther reaching implications of cumulative effects, such as climate change and cross border claims from American Nations
Networking Break and Refreshments
Bobby CameronChiefWitchekan Lake First Nation
Brandon DoxtatorDeputy Grand ChiefAssociation of Iroquois & Allied Indians
Claire SaultChiefMississaugas of the Credit First Nation
Ted WilliamsChief Chippewas of Rama First Nation
Join Indigenous Chiefs to hear about the most pressing priorities affecting Indigenous communities, and how to best navigate consultation obligations through 2024. Topics for discussion include:
- Balancing community health, safety, and the opioid crisis with pressing consultation priorities
- Analyzing the Ontario submerged lands claim decision and what it means for future consultations
- Predicting upcoming consultation priorities from 2024 and opportunities for collaboration
Cynthia WestawaySenior CounselFirst Peoples Law
Keith SmithDirector General of the UN Declaration ActJustice Canada
As consultation cases across the country continue to grapple with UNDRIP implementation. Learn how recent cases have delved into the duty to consult vs Free, Prior, and Informed Consent (FPIC) in UNDRIP application. Draw actionable take-aways from:
- Assessing the progress of the 2023-2028 Federal UNDRIP Action Plan
- Integrating the BC Supreme Court case, Gitxaala v British Columbia (Chief Gold Commissioner) (2023), into UNDRIP application in other provinces and territories
- Applying the Powley Test to determine the future application of UNDRIP in Canada
Lunch Break
Keynote Address
Federal Government Consultation Priorities
Major Projects and New Developments in Ontario: The Status of Ongoing Consultations and Ensuring Best Practices
Bob WattsVice President, Indigenous RelationsNuclear Waste Management Organization
Tim LarondeNational Director Indigenous StrategiesChandos Construction
Ontario is experiencing both population and economic growth that requires investment and expansion of infrastructure projects across the projects. In this session we will plan for upcoming consultations on major projects in Ontario.
- Tackling Bill 23 and Build Ontario Houses Faster Act – how to conduct meaningful consultations admis pressing deadlines
- Approaching Renewable Energy development in Ontario through effective consultation
- Securing Nuclear Energy development in Ontario to assist with increasing needs and demands
Networking Break and Refreshments
Christine JohnSenior Manager - Indigenous RelationsOntario Power Generation
Adam LevineAboriginal Consultation and Participant FundingCanadian Nuclear Safety Commission
Changes in housing, infrastructure, energy development and many more, ignite a need to consult with First Nation communities. Balancing multiple priorities and consultations can lead to consultation fatigue early in the process. In this session we will cover strategies to combat consultation fatigue and streamline consultation processes for more meaningful consultations. We will discuss:
- Streamlining work and overcoming delays in the consultation process
- Connecting with neighboring communities and coordinating priorities and consultation efforts
- Drawing from the success of the Canadian Nuclear Safety Commission’s Indigenous and Stakeholder Capacity Fund
Janice BaileyDirectrice scientifique, Fonds Nature et technologieGouvernment du Quebec
Reg NiganobeGrand Council ChiefOgimaa Giigda, Anishinabek Nation
In this session we will discover strategies for Science Policy Integration and learn how this integration is critical for developing effective public policy.
- Benchmarking consultation best practices for running efficient and effective consultation for green energy projects that mitigates the risks of cumulative effects.
- Understanding how Quebec has developed a robust history of hydroelectric energy generation and ambitious climate goals. Learn the important role of science in consultation processes and other best practices from Quebec.
- Developing specific actions and measures for First Nations and Inuit related to climate change and energy transition
Closing Remarks from Conference Co-Chairs
Conference adjourns until day two
Environmental Stewardship and Consultation Priorities
May 22, 2024
Registration Opens and Refreshments Served
Kate KemptonSenior CounselWoodward & Company LLP
The Ring of fire court challenge continues to be a significant case for setting precedents and undercovering and addressing some of the root causes of consultation challenges. This session will discuss:
- Structuring ground rules for consultations with Indigenous peoples at the beginning stages of the environmental assessment process
- Holding and balancing meaningful consultations with community concerns
- Predicting how the legal changes are affecting other consultations
Lara Koerner-YeoAssociateJFK Law
Alex MonemPartnerPape Salter Teillet LLP
As cumulative effects, such as those from climate change, become more common, integrating science, indigenous traditional knowledge, and policy at early stages in the consultation process is critical.
- Formulating practical tips to translate indigenous traditional knowledge into legal and policy advice
- Drafting consultation processes that use Indigenous Traditional Knowledge to improve influence decision making
- Framing Indigenous Traditional Knowledge to inform environmental and climate related decisions
Networking Break and Refreshments
Proposed Amendments to the Federal Impact Assessment Act and other supreme court rulings and the Ramifications to the Duty to Consult in Action
Bryn GrayPartnerMcCarthy Tetrault
Ron StevensonCounselPower Law
Canada, along with the rest of the world, is in the midst of a critical energy transition with ambitious objectives. Achieving these objectives requires the approval, and environmental assessment, of all forms of energy projects.
- Determining the need-to-know for how the anticipated and proposed changes to the Federal Impact Assessment Act will have impacts on consultation requirements in Canada
- Exploring about the amendments will impact site assessment and ease of decision making for energy projects
- Identifying the changes the impact assessment act has on archeological land assessments and current trends
Shelley CharlesElderChippewas of Georgina Island
Cynthia WestawaySenior CounselFirst Peoples Law
Jennifer BrantConsultation ManagerDeloitte Canada
Conducting consultation across overlapping territories continues to be a challenge faced by consultation professionals across industries. Traditional understandings of relations between neighboring nations are often blurred by cumulative concerns. In this session we will explore:
- Connecting with neighboring communities and aligning consultation efforts, and overview of best practices
- Utilizing indigenous traditional knowledge and elder participation in consultation and the benefits traditional knowledge can have in outlining boundaries in overlapping territories
- Exploring strategies for coordinating consultation efforts early in the process
Lunch Break
The research is advancing on how behavioral science can improve public policy, including the duty to consult. Understanding how factors such as scarcity, innovation and inclusion impact the quality of consultations and decision making in key to helping to facilitate more effective and efficient consultation processes.
- Addressing scarcity and how lack of resources affect decision-making and how this can complicate consultations
- Analyzing how innovation is a boon for financial inclusion the important role of inclusion in meaningful consultations
- Scaling-up solutions across different consultation processes to facilitate sharing of best practices
Alex CookIndigenous Off-Diesel Initiative ChampionWah-ila-Toos Indigenous Council
Georgina LloydAssistant Deputy MinisterCrown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
Leona HumchittClimate Action CoordinatorHaiłzaqv Nation
Reducing Northern Communities reliance on fossil fuels helps to increase resilience to climate change, natural disasters, and promotes economic growth. In this session delegates will learn about how the Government of Canada is supporting communities in launching clean energy projects.
- Providing opportunities for partnering with communities as part of the consultation process and the benefits for project success
- Overcoming challenges when conducting consultations in remote communities
- Simplifying project reporting to streamline and reduce red tape and burden in consultation processes
Networking Break and Refreshments
INDUSTRY PANEL
Best Practices for Building Indigenous Consultation Relationships for the Resource Development Sector
Adam Kahgee J.D.Director, Indigenous Relations Bruce Power
Guy LonechildCEOFirst Nations Power Authority
Simmer AnandSr. Manager, Indigenous RelationsHydro One
Energy development Power projects not only have extensive consultation requirements, but also require long-term relationships to achieve mutual success. In this session, we will hear from professionals across the energy development power sector on industry opportunities and strategies to for building relationships and conducting meaningful consultations efficiently. In this session we will discuss:
- Discussing New policy developments that in the resource development sector can impact consultations
- Uncovering new project developments and brainstorming solutions to tough challenges
- Managing the consultation process best practices from recent projects consultations across Canada the energy development sector
Graeme ReedSenior Advisor, International Institute for Sustainable DevelopmentAssembly of First Nations
In this session, speakers will discuss educational objectives for preparing the next generation of Indigenous Youth to carry on progress made in partnerships and consultation in Canada, with a focus on Climate Change. Speakers will also discuss digital solutions to facilitate greater collaboration.