Download 2022 Brochure
Flip through our 2022 conference brochure and discover what’s new this year.

VIEW FULL PROGRAM

Pre-Conference Workshops

Workshop A – Exploring the Duty to Consult and Consultation Obligations through the Lens of Spirituality, Treaties, Title, Rights and Legislation

Oct 17, 2022 9:00am – 12:30pm

Speakers

Sandra Gogal
Partner
Cassels Brock & Blackwell LLP

Derek A. Simon
Managing Partner
Burchells LLP

Workshop B — Drafting Contracts: Developing Writing Agreements for Developing and Protecting Traditional Lands

Oct 17, 2022 1:30pm – 5:00pm

Speakers

Caryma Sa’d
Lawyer
Law Office of Caryma Sa’d

Day 1 - Tuesday, October 18, 2022

7:45
Registration and Continental Breakfast
8:45
Traditional Welcome
9:00
Conference Chair Opening Remarks
9:15
Keynote Address
9:45

CHIEF’S PANEL

CHIEF’S ROUNDTABLE: Actualizing the Spirit of Consultation from Concept to Reality
10:45
Morning Networking Break
11:00

CONSULTATION IN THE COURTS

Analyzing the Most Significant Legal Developments and Courtroom Decisions Affecting Consultation
12:00

Case Study

How to Effectively Consult with a First Nations Community Operating with Land Code Jurisdiction
12:45
Networking Luncheon
2:00

UNDRIP ROUNDTABLE

Implementing the UN Declaration Next Steps and How it will Impact Indigenous Rights
2:45
Building Economic Development Partnerships and Achieving Mutual Growth Opportunities
3:30
CULTURE CONNECTION and Networking Refreshment Break
4:00
How Recent Land Claims Have Impacted the Consultation Process – What You Need to Know
5:00
Remarks from the Co-Chairs, Conference Adjourns

Day 2 - Wednesday, October 19, 2022

8:00
Registration Opens and Refreshments are Served
8:45
Conference Co-Chairs Opening Remarks
8:50
Keynote
9:30

GOVERNMENT ROUND TABLE

Priorities and Initiatives for Consultation Relationship Building
10:30
Networking Refreshment Break
10:45
How to Obtain a Moderate Livelihood Fishery: Indigenous Rights and Understanding the Meaning of Moderate Livelihood
11:45
INDUSTRY INITIATIVES: Best Practices for How to Engage and Collaborate with First Nation Groups on Natural Resource Projects
12:45
Networking Luncheon
1:45

Case Study

Reviewing the DFO’s Decision to Redistribute Quota in Baby Eel Fishery Mi’kmaw Bands
2:45
Accommodation and Resource Revenue Sharing Agreements
3:30
Closing Remarks from the Conference Co-Chairs Conference Concludes

Day 1 - Tuesday, October 18, 2022

7:45
Registration and Continental Breakfast
8:45
Traditional Welcome

Debbie Eisan
Community Planner
Mi’kmaw Native Friendship Center

9:00
Conference Chair Opening Remarks
Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshend LLP

Tuma Young

Tuma Young
Lawyer & Indigenous Law Professor
Cape Breton University

9:15
Keynote Address

Sacha LaBillois
Chief
Ugpi'ganjig, Eel River Bar

9:45

CHIEF’S PANEL

CHIEF’S ROUNDTABLE: Actualizing the Spirit of Consultation from Concept to Reality

Darlene Bernard
Chief
Lennox Island Mi’Kmaq First Nation

Wilbert Marshall
Chief
Potlotek First Nation

  • Prioritizing the cooperation, consultation, and collaboration with indigenous communities
  • Adhering to protocol, best practices for getting started
  • Decolonizing the engagement and consultation process
  • Communicating information through the whole community
  • Creating Continuity from on a project when the people are changing

10:45
Morning Networking Break
11:00

CONSULTATION IN THE COURTS

Analyzing the Most Significant Legal Developments and Courtroom Decisions Affecting Consultation
Bryn E. Gray

Bryn E. Gray
Partner
McCarthy Tétrault LLP

Bruce McIver
Managing Partner, Counsel for Kopit Lodge
First People's Law

Jeff Callaghan
Partner
McInnes Cooper

In this session, our panelists will discuss and assess novel legal challenges and litigation associated with new industry trends and regulatory developments

  • Navigating new legislation and legal trends affecting consultation – what new legislation?
  • Analyzing recent and benchmark court room cases » R V. Desautel (2021) » Chippewas of Saugeen First Nation et al. v. The Attorney General of Canada (2021)
  • Assessing the value of lost Indigenous lands and opportunity and the fiduciary obligation on the Crown, in the case of Southwind v Canada (2021)
  • Calculating economic befits derived from Indigenous rights, with a look at the landmark decision, of Ermineskin Cree Nation v Canada (Environment and Climate Change) (2021)

12:00

Case Study

How to Effectively Consult with a First Nations Community Operating with Land Code Jurisdiction

Samantha Noganosh
Lands, Resources and Environment Department Manager
Magnetawan First Nation

Operating with a land code for over six years, Magnetawan First Nation has made environmental protection activities a priority. This session will discuss how to effectively consult with a nation operating with a land code.

  • Participating in meaningful engagements as signatories to the Framework Agreement on First Nation Land Management
  • Demonstrating how land code jurisdiction effects the Species at Risk Program
  • Implementing climate change strategies and environmental monitoring

12:45
Networking Luncheon
2:00

UNDRIP ROUNDTABLE

Implementing the UN Declaration Next Steps and How it will Impact Indigenous Rights
Tuma Young

Tuma Young
Lawyer & Indigenous Law Professor
Cape Breton University

Kimberley Zinck
Director General Nòkwewashk (No-kwe-wahshk)
Natural Resources Canada

The United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent in Canada in June 2021. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Act based on lasting reconciliation, healing, and cooperative relations. This session will discuss the legal implementation and adoption of the legislation as well as unpacking how it is to work in practice.

  • Examining the federal government’s implementation strategy for the act including timelines
  • Determining best practices for cooperation, consultation, and collaboration with indigenous communities
  • Analyzing the provincial framework of UNDRIP
  • Determining whether UNDRIP helps or hinders consultation
    • Calculating how UNDRIP protects lands, water, and resources
    • Reviewing how other provinces are using this a toolkit

2:45
Building Economic Development Partnerships and Achieving Mutual Growth Opportunities

James Richardson
Economic Development Officer
Pabineau First Nation

Tom Mann

Tom Mann
Aboriginal Relations
Belledune Port Authority

  • Reviewing the Indigenous Champion file and understanding how it aims to increase the number of business opportunities for Fist Nation Communities in Atlantic Canada
  • Determining how to expand traditional knowledge including Indigenous culture and history, and understanding how it impacts project development
  • Developing strategies to for renewable energy growth and Indigenous involvement
    • Understanding power purchase agreements, royalties, and solar technologies

3:30
CULTURE CONNECTION and Networking Refreshment Break

Cheyenne Labrador
Special Projects Manager
Mi’kmaw Native Friendship Centre

Back by popular demand! During this organized networking session delegates are encouraged to visit and chat with the cultural representatives to learn about different communities, organizations and support services.

  • Discovering historical and geographical specific pertaining to different communities
  • Exploring values and spiritual beliefs
  • Discussing how community perspectives may influence the consultation process

4:00
How Recent Land Claims Have Impacted the Consultation Process – What You Need to Know
Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshend LLP

  • Analyzing recent land title claims and what it means for the future of the consultation process
    • Wolastekuy Nation title claim
  • Understanding the implications for relations between industry, first nations, regulators, and government.
  • Exploring comprehensive claims, also known as a modern treaty, and the impact on Indigenous rights
  • Determining what can warrant a specific claim, including unmet government obligations under historical treaties, or the Indian Act
  • Examining differences between consultations processes when there is a land claim, pending or resolved
  • Exploring comprehensive claims, also known as a modern treaty, and the impact on Indigenous rights

5:00
Remarks from the Co-Chairs, Conference Adjourns

Day 2 - Wednesday, October 19, 2022

8:00
Registration Opens and Refreshments are Served
8:45
Conference Co-Chairs Opening Remarks
Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshend LLP

Tuma Young

Tuma Young
Lawyer & Indigenous Law Professor
Cape Breton University

8:50
Keynote

Justice D. Timothy Gabriel
Judge
Supreme Court of Nova Scotia

9:30

GOVERNMENT ROUND TABLE

Priorities and Initiatives for Consultation Relationship Building

Adam Levine
Team Leader, Indigenous Relations and Participant Funding
Canadian Nuclear Safety Commission

This discussion will address the consultation priorities of government speakers as well as the barriers and pathways to achieve those priorities.

  • Knowing with whom to consult, including who speaks for which organizations, off-reserve groups, and native councils
  • Consulting amid overlapping territories
  • Identifying when consultation is legitimate and when it will be questioned

10:30
Networking Refreshment Break
10:45
How to Obtain a Moderate Livelihood Fishery: Indigenous Rights and Understanding the Meaning of Moderate Livelihood

Multiple First Nation in Nova Scotia have received federal approval from Department Fisheries and Oceans for a moderate livelihood fishery. This session will look at how those agreements were achieved with the government and explore the Indigenous Rights.

  • Developing and implementing moderate livelihood fishing plans unique to each community
  • Enabling First Nations to fish and sell their catch in pursuit of a moderate livelihood this season
  • Developing an equitable discussion of fish quotes between Indigenous and non-indigenous fishers
  • Determining how to launch new fishing operations

11:45
INDUSTRY INITIATIVES: Best Practices for How to Engage and Collaborate with First Nation Groups on Natural Resource Projects

Alexander J. Levi
RIRSD Table Coordinator & Co-Communication Engagement Coordinator
Kopit Lodge

Jesse Perley
Director of First Nations Affairs
NB Power

Dan Villeneuve
President
Great Northern Port

Shirley P Dawe
Executive Director, Crown-Indigenous Consultation Coordination/Nòkwewashk
Natural Resources Canada

  • Exploring priorities and initiatives for consultation and relationship building
  • Analyzing the federal government’s latest guidance document on engaging with First Nation communities
  • Debating best practices for capacity building to ensure First Nation groups can participate in their own projects
  • Outlining different methods of training to First Nation groups
  • Determining how to effectively source funding
  • Evaluating whether an Indigenous group or community group is interested in your project
  • Tailoring engagement and consultation practices to specific regions, and specific communities

12:45
Networking Luncheon
1:45

Case Study

Reviewing the DFO’s Decision to Redistribute Quota in Baby Eel Fishery Mi’kmaw Bands

Patrick Polchies
Director
Kingsclear First Nation

This session will analyze the Department of Fisheries and Ocean’s quota on commercial baby eel fishery and outline potential limitations, challenges, and determining its impact on fishery livelihood.

2:45
Accommodation and Resource Revenue Sharing Agreements

This session will discuss new ways of thinking about resources revenue sharing from the natural resource projects, mining energy, gas, and forestry industry.

  • Examining trends in accommodation and resource revenue sharing
  • Partnering with resource-sector businesses including forestry, mining, energy, construction, oil & gas and tourism
  • Paying royalties and reporting

3:30
Closing Remarks from the Conference Co-Chairs Conference Concludes

Workshop A – Exploring the Duty to Consult and Consultation Obligations through the Lens of Spirituality, Treaties, Title, Rights and Legislation

Oct 17, 2022 9:00am – 12:30pm

Sandra Gogal
Partner
Cassels Brock & Blackwell LLP

Derek A. Simon
Managing Partner
Burchells LLP

What is it about?

*Workshops are offered In-Person only

This workshop will cover the essentials behind the Duty to Consult and consultations, examining the various sources of the duty—the common law, treaties and legislation—and respective obligations, together with a range of topical issues including the following:

  • Triggering the common law Duty to Consult, with consideration for gray areas such as infrastructure projects
  • Legal requirements for fulfilling the duty to consult, often referred to as ‘legal minimums’
  • Consultation obligations in treaty agreements, including implementing modern treaty obligations
  • Consultation obligations pursuant to Bill S-3, the amendment to the Indian Act to provide new entitlements to registration
  • Review of the peace and friendship treaty and how it affects consultation
  • Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples
    • Advancing reconciliation
    • Recognizing rights
    • Upholding the honour of the Crown
    • Respecting and advancing

A light luncheon will be served at 12:30–1:30pm to those attending both Workshops A & B.

Workshop B — Drafting Contracts: Developing Writing Agreements for Developing and Protecting Traditional Lands

Oct 17, 2022 1:30pm – 5:00pm

Caryma Sa’d
Lawyer
Law Office of Caryma Sa’d

What is it about?

*Workshops are offered In-Person only

The first 90 minutes of this session will be instructive with a real-life look at partnership contracts, clauses, and a focus on how to tailor contracts to your organization. There will be a 30-minute refreshment break. The last hour of this session will include interactive exercises.

  • Understanding joint ventures, management agreements, partnerships, and strategic alliances
  • Drafting consultation and accommodation policies and agreements
  • Partnering with resource-sector business including forestry, mining, energy, construction, oil & gas, and tourism

A light luncheon will be served at 12:30–1:30pm to those attending both Workshops A & B.