Conference Program
Flip through our 2021 conference brochure and discover what’s new this year.

Learn more

Day 1 - Monday, November 22, 2021

9:45

Focus on Indigenous Rights and Moderate Livelihood

Traditional Welcome
10:00
Opening Comments from the Co-Chairs
10:10
The Spirit of the Marshall II Supreme Court Decision: Interpreting the Meaning of Moderate Livelihood
10:40

LIVE AUDIENCE POLLING

Panel: Exploring Consultation within the Contexts of a Modern Treaty and Treaty Rights
11:45
Break
12:05

LIVE AUDIENCE POLLING

Roundtable Perspectives on the Federal Response to Moderate Livelihood Fishing
12:50

HYPOTHETICAL SCENARIOS

Dispute Resolution for High-Profile Negotiations and Mediations: Common Misconceptions and the Latest Developments for Achieving Consultation Solutions
1:30
Closing Remarks from the Co-Chair and Conference Adjourns
1:35
1:1 Networking

Post-Conference Workshop

Workshop A – SAMPLE TEMPLATES – How to Create an Integrated Fisheries Management Plan (IFMP)

Nov 22, 2021 2:00pm – 5:30pm

Speakers

Lois Harwood
Canada Member
Fisheries Joint Management Committee

Day 2 - Tuesday, November 23, 2021

10:00
Opening Remarks from the Co-Chair
10:10
Digging into Land Claims: Exploring How Land Claims Will Impact the Consultation Process
11:00
Panel: Achieving Meaningful Consultation during a Pandemic -Exploring Lessons Learned and Best Practices for People and Projects in a Virtual Consultation Process
11:45
Meet & Greet Open Forum
12:00
Inside the Top Court Cases and How they have Changed Consultation Law and Practice in Canada and Internationally
12:45

LIVE AUDIENCE POLLING

Think Tank on UNDRIP: Implementation Actions for the United Nations Declaration on the Rights of Indigenous Peoples
1:30
Closing Remarks from the Co-Chair and Conference Adjourns
1:35
1:1 Networking

Post-Conference Workshop

Workshop B – Deciphering the Duty to Consult: Real-World Practical Tips for the Savvy Consultation Officer

Nov 23, 2021 2:00pm – 5:30pm

Speakers

Nadir André
Aboriginal Law Group, Partner
Borden Ladner Gervais

Mathieu Lehoux
Director of Ango’tmeq Nm’tginen
Mi’gmawei Mawiomi Secretariat

Day 3 - Wednesday, November 24, 2021

10:00
Opening Remarks from the Co-Chair
10:10

Case Study

Building Economic Development Partnerships and Achieving Mutual Growth Opportunities – Examining a “First of its Kind” Agreement
11:00

LIVE AUDIENCE POLLING

PANEL: Inside the Top 5 Challenges Affecting Economic Development and Strategies for Overcoming
12:00
Break
12:15
Major Projects in Atlantic Canada: A Comprehensive View of Natural Resource Projects
12:45
Adopting a Broader Scope for Impact Assessments under the Impact Assessment Act
1:30
Closing Remarks from the Co-Chair and Conference Concludes

Post-Conference Workshop

Workshop C – SAMPLE CONTRACTS – Contract Breakdown: Building Effective Partnership Agreements from Joint Ventures to Impact Benefit Agreements

Nov 24, 2021 2:00pm – 5:30pm

Speakers

Sandra Gogal
Partner
Miller Thomson LLP

R. Alex Mills
Legal Counsel,
Canada Legal Services,
Public Works and Government Services

Justice Canada

Day 1 - Monday, November 22, 2021

9:45

Focus on Indigenous Rights and Moderate Livelihood

Traditional Welcome
10:00
Opening Comments from the Co-Chairs
Tuma Young

Tuma Young
Lawyer & Professor, Indigenous Law
Cape Breton University

Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshed

10:10
The Spirit of the Marshall II Supreme Court Decision: Interpreting the Meaning of Moderate Livelihood

  • What does it mean to you?
  • How should consultation happen on this topic
  • Does conservation does trump moderate livelihood?
  • What does fishing for social ceremony look like?

10:40

LIVE AUDIENCE POLLING

Panel: Exploring Consultation within the Contexts of a Modern Treaty and Treaty Rights

Gillian Paul
Legal and Governance Advisor
Wolastoqey Nation

During this interactive session, delegates and speakers are invited to participate in live audience polling to gauge perspectives on Treaty Rights.

  • Examining Indigenous treaty rights under Section 35 of the Constitution Act
  • Who represents a community’s interest and who can make decisions on behalf of the community?
  • Examining the correlation between modern treaties and surrendering Indigenous title rights?

11:45
Break
12:05

LIVE AUDIENCE POLLING

Roundtable Perspectives on the Federal Response to Moderate Livelihood Fishing

Ken Paul
Lead Fisheries Negotiator and Fisheries Research Coordinator
Wolastoqey Nation
Former Director of Fisheries, Assembly of First Nations
Former Director of Fisheries and Integrated Resources, Atlantic Policy Congress of First Nation Chiefs Secretariat

Confirmed Representative
Mi’gmawe’l Tplu’taqnn Incorporated (MTI)

For the 2021 fishing season, the Department of Fisheries introduced an optional path for First Nations in the Maritimes and the Gaspé region to aid their members in fishing in pursuit of a moderate livelihood. This session will look at the approach to support individuals, their families, and their communities in a flexible, adaptable strategy.

During this interactive session, delegates and speakers are invited to participate in live audience polling to gauge perspectives on Moderate livelihood fishing.

  • Working with interested communities to develop and implement moderate livelihood fishing plans
  • Developing a fishing plan unique to each community
  • Conservation and sustainability of fish stocks
  • Transparent and stable fisheries management
  • Recognition of First Nations’ treaty rights
  • Enable First Nations to fish and sell their catch in pursuit of a moderate livelihood this season
  • Ensure that fish species are harvested sustainably and maintain orderly, predictable, and well-managed fisheries

12:50

HYPOTHETICAL SCENARIOS

Dispute Resolution for High-Profile Negotiations and Mediations: Common Misconceptions and the Latest Developments for Achieving Consultation Solutions

Pamela Large Moran
Lawyer/Dispute Resolution Practitioner
PLM Law Conflict Resolution Services (CRS) Atlantic

David Noganosh
Principal and Founder
Red Wolf Mediation

Through the use of hypotheticals, we will explore challenges, legal dilemmas, and controversies associated with dispute resolution.

  • Exploring key elements of interest-based negotiations and mediation
  • The power of productive communication in conflict resolution
  • The common ground of interest-based communication and indigenous dispute perspectives

1:30
Closing Remarks from the Co-Chair and Conference Adjourns
1:35
1:1 Networking

Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

Day 2 - Tuesday, November 23, 2021

10:00
Opening Remarks from the Co-Chair
Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshed

10:10
Digging into Land Claims: Exploring How Land Claims Will Impact the Consultation Process
Renée Pelletier

Renée Pelletier
Managing Partner
Olthuis, Kleer, Townshed

Brian A. Crane Q.C.
Partner
Gowling WLG

  • How do land claims effect consultation timelines?
  • 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
  • Exploring what can warrant a specific claim, including unmet government obligations under historical treaties, or the Indian Act
  • Overlapping land claims

11:00
Panel: Achieving Meaningful Consultation during a Pandemic -Exploring Lessons Learned and Best Practices for People and Projects in a Virtual Consultation Process

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

Kathleen Duguay
Manager, Community Affairs and Nuclear Regulatory Protocol, Nuclear
NB Power

This session will explore the strategies employed by consultation representatives using virtual platforms in response to the 2020 Covid-19 pandemic restrictions. What is the future of virtual consultation once restrictions are lifted?

  • Achieving meaningful consultation in a virtual setting
    • Building successful working relationships
    • Gaining community consensus
  • Examining whether a virtual consultation process could be challenged in court
  • Exploring appropriate uses for virtual consultation beyond the pandemic restrictions

11:45
Meet & Greet Open Forum

Delegates and speakers are invited to join the extended Q&A session to ask the unanswered questions or introduce new conversations. Delegates will have the opportunity to turn on their cameras for a unique face-to-face discussion as this session will not be recorded.

12:00
Inside the Top Court Cases and How they have Changed Consultation Law and Practice in Canada and Internationally

Julie Blackhawk
General Counsel, Aboriginal Affairs Portfolio
Department of Justice Canada

Glen Thompson
Barrister, Indigenous Legal Relations, Natural Resources, Transportation and Indigenous Legal Group
Ministry of Attorney General of British Columbia

Lisa C. Glowacki
Partner
Ratcliff LLP

  • A look at how the Supreme Court of Canada decision in R. v. Desautel 2021 and the rights of Native Americans
    • How does this decision affect provincial duties to consult with the Indigenous peoples in the US and the impact on treaty rights
    • Examining the relationship between the crown and Indigenous communities outside Canada
  • A look at fishing rights in Ahousaht Indian Band and Nation v. Canada (Attorney General) 2021

12:45

LIVE AUDIENCE POLLING

Think Tank on UNDRIP: Implementation Actions for the United Nations Declaration on the Rights of Indigenous Peoples

During this interactive session, delegates and speakers are invited to participate in live audience polling to gauge perspectives on the United Nations Declaration on the Rights of Indigenous Peoples.

  • Implementing the United Nations Declaration on the Rights of Indigenous Peoples at the federal level
  • How does UNDRIP legislation effect consultation
  • A look at British Columbia’s Bill-15 and what it might mean in an Atlantic Canada context

1:30
Closing Remarks from the Co-Chair and Conference Adjourns
1:35
1:1 Networking

Make new connections, face-to-face. Troubleshoot top pain points and share breakthrough strategies using an interactive virtual feature that will introduce you to fellow industry leaders for a quick conversation.

Day 3 - Wednesday, November 24, 2021

10:00
Opening Remarks from the Co-Chair
10:10

Case Study

Building Economic Development Partnerships and Achieving Mutual Growth Opportunities – Examining a “First of its Kind” Agreement

Terry Richardson
Chief
Pabineau First Nation

James Richardson
Councillor, Economic Development Portfolio
Pabineau First Nation

Tom Mann

Tom Mann
Aboriginal Relations
Belledune Port Authority

A look at the first of its kind Relationship, Engagement and Consultation Protocol agreement between the Port of Belledune, Oinpegitoig First Nation, Ugpi’Ganjig Nationa and Mi’gmawe’l Tplu’taqnn, representing eight communities.

  • Adopting Indigenous community protocols for engagement
  • Examining the differences in the consultation process when a development partnership is in place, as opposed to when it is not in place
  • Setting up simple Memorandums of Understanding – when and how they can be effective

11:00

LIVE AUDIENCE POLLING

PANEL: Inside the Top 5 Challenges Affecting Economic Development and Strategies for Overcoming

This dynamic moderated panel discussion will delve into some of the lesser-known challenges effecting economic development departments and will explore concrete strategies and action item to overcome these challenges.

  • Accessing funding and financial support
  • Project management from conception to ribbon cutting, knowing what needs to get done
  • Building capacity in your team, hiring, training and retaining skilled workers

12:00
Break
12:15
Major Projects in Atlantic Canada: A Comprehensive View of Natural Resource Projects

Angie Bruce
A/Assistant Deputy Minister, Indigenous Affairs and Reconciliation Sector (IARS)
Major Projects Management Office (MPMO)

Gain a comprehensive overview of the projects happening in Atlantic Canada including status and timelines including offshore oil exploration, mining, forestry and nuclear.

12:45
Adopting a Broader Scope for Impact Assessments under the Impact Assessment Act

Gordon Grey
Environmental Impact Assessment Coordinator
Wolastoqey Nation

Mark Cliffe-Phillipe
Executive Director
Mackenzie Valley Environmental Impact Review Board

Luc S. Desroches
Crown Consultation Lead
Impact Assessment Agency of Canada

  • Sisson Mine – lessons learned on cumulative effects and Indigenous Knowledge.
  • Early engagement, collaboration and partnership with Indigenous communities throughout the impact assessment and a project lifecycle
  • Assessing Potential Impacts on the Rights of Indigenous Peoples, including monitoring and follow-up
  • Incorporating Indigenous Knowledge, as well as community knowledge in an impact assessment
  • Applying the Gender-based Analysis Plus (GBA+) to impact assessment

1:30
Closing Remarks from the Co-Chair and Conference Concludes

Workshop A – SAMPLE TEMPLATES – How to Create an Integrated Fisheries Management Plan (IFMP)

Nov 22, 2021 2:00pm – 5:30pm

Lois Harwood
Canada Member
Fisheries Joint Management Committee

What is it about?

This in-depth discussion is geared to teach the whole team, including scientists, consultation managers, land managers, resource managers and Traditional Knowledge experts. The first 90 minutes of this session will be instructive, followed by a 30-minute refreshment break. The last hour of this session will include interactive exercises to develop an IFMP strategy. Delegates will be invited to share their audio and video.

  • What to include in your IFMP overview
  • Calculating stock assessment, science and Traditional Knowledge
  • Economic, Social and Cultural Considerations
  • Management Issues
  • Objectives
  • Access and Allocation
  • Management Measures
  • Shared Stewardship Arrangements
  • Compliance Plan
  • Performance Review

Workshop B – Deciphering the Duty to Consult: Real-World Practical Tips for the Savvy Consultation Officer

Nov 23, 2021 2:00pm – 5:30pm

Nadir André
Aboriginal Law Group, Partner
Borden Ladner Gervais

Mathieu Lehoux
Director of Ango’tmeq Nm’tginen
Mi’gmawei Mawiomi Secretariat

What is it about?

The first 90 minutes of this session will be instructive, followed by a 30-minute refreshment break. The last hour of this session will include interactive exercises to develop real world consultation skills. Delegates will be invited to share their audio and video.

  • Determining what triggers the Duty to Consult, the types of projects, and grey areas
  • Defining the legal requirements of the Duty to Consult, and strategies to advance accommodations for your community
  • Examining Duty to Consult as the minimum, and analyzing case studies about consent, co-decision-making, and First Nation authority
  • Discussing costs incurred from fulfilling the consultation process — who usually pays?
  • How does duty to consult change with the addition of Lands to Reserves and Reserve Creation Act

Workshop C – SAMPLE CONTRACTS – Contract Breakdown: Building Effective Partnership Agreements from Joint Ventures to Impact Benefit Agreements

Nov 24, 2021 2:00pm – 5:30pm

Sandra Gogal
Partner
Miller Thomson LLP

R. Alex Mills
Legal Counsel,
Canada Legal Services,
Public Works and Government Services

Justice Canada

What is it about?

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. Delegates will be invited to share their audio and video.

  • 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