Indigenous Consultation & Engagement Atlantic

In Kebaowek First Nation v Canadian Nuclear Laboratories, 2025 FC 319, the Federal Court quashed a decision of the Canadian Nuclear Safety Commission (the “Commission”) on the basis the Commission had a duty to consider UNDRIP when assessing the Crown’s fulfillment of its duty to consult and accommodate. In this session, speakers will analyze the potential implications of this case on the consultation landscape of the future.

Topics of discussion include:

• Exploring the evolution of the United Nations Declaration on the Rights of Indigenous People (UNDRIP)
• The founding international human rights instrument and the Truth and Reconciliation Commission’s call to adopt UNDRIP in 2015
• The adoption of UNDRIP by two provinces (BC in 2019, the NWT in 2023) and the federal government (2021)
• Unpacking the Kebaowek First Nation v Canadian Nuclear Laboratories decision
• Understanding the concept of Free, Prior and Informed Consent (FPIC) and comparing the standard of consent vs. consult
• What does FPIC as a “right to robust process” mean and how can FPIC be used in consultation negotiations?
• Understanding provincial versus federal jurisdiction and how this case can be used in provincial consultations
• Empowering Indigenous communities to advance this ruling when advocating for FPIC standard in Crown consultations

The strength of an Aboriginal title claim affects the scope and depth of the Crown’s duty to consult. In this session, speakers will review historic cases on the assessment of Aboriginal title, as well as the impact of the recent case of Wolastoqey Nations v New Brunswick and Canada. The appeal of the case is scheduled for June, however, its potential to influence consultation moving forward is significant.

Topics of discussion include:

• Reviewing key Supreme Court of Canada title cases such as Delgamuukw and Tsilhqot’in, and recent title claim decisions from lower courts
• Assessing key legal concepts: suis generis, fee simple, title, section 35 of the Constitution
• Understanding the impact of the Wolastoqey decision on consultation obligations (bearing in mind that the case is currently under appeal), especially on new projects proposed on fee simple land
• Outlining differences in approaching consultation from title compared to rights

The strength of an Aboriginal title claim affects the scope and depth of the Crown’s duty to consult. In this session, speakers will review historic cases on the assessment of Aboriginal title, as well as the recent case of Wolastoqey Nations v New Brunswick and Canada. The appeal of the case is scheduled for June, however, its potential to influence consultation moving forward is significant.

Topics of discussion include:

• Review of key Supreme Court of Canada title cases such as Delgamuukw and Tsilhqot’in, and recent title claim decisions from lower courts
• Review of key legal concepts: suis generis, fee simple, title, section 35 of the Constitution
• Understanding the impact of the Wolastoqey decision on consultation obligations (bearing in mind that the case is currently under appeal), especially on new projects proposed on fee simple land
• Differences in approaching consultation from title compared to rights

The Fisheries Think Tank will explore the legal, political, and operational tensions between Indigenous fishing rights and the federal licensing regime. Speakers will review the historical foundations of fishing rights in the region, assess the challenges posed by the DFO’s quota system, and share strategies for advancing Indigenous-governed fisheries.

History and Context

• Analyzing the key points from the historic Peace and Friendship Treaties and the Marshall decision with respect to fishing
• Understanding the concept of “moderate living” and the complications of this standard
• Unpacking the new Elvers Regulations that came into force on March 1, 2025
• Exploring DFO’s decision to transfer quotas from non-First Nation license holders to the First Nations and the lawsuit commenced by non-Indigenous commercial fishers
• Questioning whether a licensing system fulfills Peace and Friendship treaty rights

Creating a Self-Governed Fishery

• Creating a management plan
• Submitting the management plan to council for approval
• Implementing the management plan and issuing licenses
• Navigating concerns around conservation
• Preparing for DFO intervention and asserting the Indigenous right to fish and for self-determination

Colonial policies displaced many Indigenous peoples from their traditional homelands, creating legal categories and registry systems that continue to divide families and communities. But Indigenous identity is not defined by registration status or place of residence—and off-reserve voices remain vital to any meaningful process of consultation, governance, and reconciliation.

This session will explore strategies to confront these injustices and ensure that off-reserve voices are fully included and respected in consultation, governance, and decision-making. Topics of discussion include:

Topics of discussion include:

• Understanding how the Indian Act and reserve system erased Indigenous identity and displaced families from their lands
• Appreciating how damaging classification systems of “non-status,” “off-reserve status Indian,” and “not registered”
• Ensuring stereotypes around the fabricated concept of “more or less Indian” is ended
• Learning and respecting traditional forms of governance and advancing the inherent right to self-government
• Creating capacity for off-reserve community members to work with all levels of government, public and private agencies, and private industry
• Empowering off-reserve community members to have an organized community voice in consultation and engagement
• Identifying the socio- and economic challenges unique to Indigenous community members living off-reserve
• Supporting communities with their social and economic programs
• Strengthening and respecting Indigenous governance outside of the Canada-imposed “Band Councils” and “Indian registration” list scheme

Reimagine the consultation and pre-consultation process while exploring collaborative strategies to enhance approaches for achieving positive outcomes.

In this interactive session, consultation professionals from will first offer practical solutions to the most common consultation challenges, before inviting the attendees to submit their own consultation challenges for discussion.

Join Indigenous leaders to hear about the most pressing priorities affecting Indigenous communities, and how to best navigate consultation obligations through 2024. Balancing community health, safety, and economic growth with pressing consultation priorities.

Topics for discussion will include:

• Assessing the impact of housing and childcare shortages on community wellbeing, and the participation of Indigenous women in the workforce
• Exploring the threats of climate change, disaster management, and extreme weather through the lens of Indigenous Traditional Knowledge and protected lands

In this session, speakers will detail the specific commercial and regulatory considerations of different business models to help you assess which is the best fit for your project and community.

Topics of discussion include:

• Understanding the legal framework for Indigenous ownership and the implications of different ownership and partnership models
• Choosing the right partnership structure and identifying the criteria for selecting between joint ventures, equity partnerships, and other agreements based on project scale, community priorities, and governance requirements
• Assessing risk and return on investment by examining the financial and operational considerations
• Understanding the Indian Act provisions that allow communities to designate certain reserve lands for commercial purposes
• Creating a Land Code pursuant to the First Nations Land Management Act
• Assessing the pathways to secure financing such as through the First Nations Financial Authority

Indigenous-owned businesses in the Atlantic region contribute significantly to the economy, generating $2.1 billion in tax revenue and providing thousands of jobs (per the Atlantic Economic Council). However, building a truly meaningful and sustainable partnership with Indigenous communities goes beyond just ticking boxes. Success hinges on understanding and respecting their rights, engaging early and sincerely, and fostering genuine collaboration. This session will explore how to develop partnerships that are not only profitable, but also rooted in equity, respect, and long-term value.

Topics of discussion include:

• Appreciating the advantages of partnering with Indigenous communities in their capacity as holders of constitutionally protected rights
• E.g., special access to government contracts and capital through policy and legal changes that foster Indigenous economic sovereignty and reconciliation
• Access to Indigenous traditional knowledge and historic understanding of environment within the area
• Highlighting the importance of early outreach to Indigenous communities
• Including Indigenous communities in decision-making in a meaningful way
• Understanding the consequences that failing to adequately consult or engage with Indigenous communities will have on project costs and delays
• Appreciating Indigenous partnerships as part of “ESG” (Environment, Social, and Governance)
• Lessons learned from examples of missteps when engaging or consulting with Indigenous communities
• Developing a framework for meaningfully incorporating Indigenous values, knowledge, and governance into public or private partnerships

Indigenous youth are not just future leaders—they are leading right now. With bold ideas and lived experience, youth voices bring clarity to what true reconciliation should look like. In this session, emerging Indigenous leaders will share personal insights and policy recommendations on how governments, institutions, and industries can eliminate systemic barriers and build stronger, more respectful relationships with Indigenous communities.

Themes will include:

• Navigating education systems and early career development as Indigenous youth
• Promoting community wellbeing and improving access to mental health services
• Confronting climate change and reshaping relationships for reconciliation
• Advancing Indigenous sovereignty through the lens of youth

Assessing cumulative effects remains one of the most complex and inconsistently applied elements of project review and consultation, especially since cumulative effects assessments are not uniformly required across jurisdictions. At the same time, recent amendments to the federal Impact Assessment Act have added new considerations. This session will explore what it means to approach cumulative effects holistically—examining definitions in law and policy alongside Indigenous understandings, and identifying best practices for incorporating broad impacts on wellbeing, culture, and the environment.

• Outlining the various definitions of cumulative effects
• Comparing legal or policy definitions with Indigenous definitions
• Utilizing a holistic approach when conducting cumulative effects assessment (e.g., beyond the environmental impact)
• Considering food security, physical and mental wellbeing, cultural practices and tradition, economic well-being
• Exploring opportunities for cumulative effects assessments by Indigenous peoples, carried out in accordance with their laws and principles
• Addressing regulatory gaps in cumulative effects assessment
• Understanding the impact that the federal IAI amendments may have on project development and environmental assessments
• Identifying the opportunities for how Indigenous communities can leverage the amendments to strengthen their participation in project approvals and ensure better protection of their rights.
• Identifying potential risks and benefits for project developers navigating both provincial and federal requirements under the new framework

• Identifying major marine renewable projects across the Eastern Coast
• Wave and tidal energy in the Bay of Fundy
• Offshore wind projects in Nova Scotia and Newfoundland and Labrador
• Outlining the key concerns from the Regional Assessments
• Strategies to ensure these projects do not negatively impact marine ecosystems and wildlife
• Understanding the implications for relations between industry, First Nations, regulators, and government in offshore energy project development

Throughout recent years, extreme weather events such as storm surges, flooding and runoff, have become more common and Atlantic Nations are balancing risk reduction planning amongst other consultation priorities. Join us to learn about how the Red Cross, Governments, and First Nations are creating disaster risk reduction plans and building risk analysis into the consultation process. Topics of discussion will include:

• Examining how knowledge dissemination across First Nations is critical to keeping people safe during emergencies
• Proposing new ideas for collaboration to be better prepared to support each other in an emergency event
• Learning about how to engage all members of the community, including youth, to prepare and support consultations and community engagement