5th Annual Indigenous Consultation & Engagement Atlantic - WEB

EARN CPD CREDITS

The Must-Attend Consultation Event for Atlantic Canada

5th Annual

Indigenous Consultation & Engagement Atlantic Engaging discussions on culture, law and business for communities, government and industry November 22–24, 2021 | Virtual Conference (Atlantic Standard Time)

Renée Pelletier Managing Partner Olthuis, Kleer, Townshed Conference Co-Chair

Tuma Young Lawyer & Indigenous Law Professor Cape Breton University Conference Co-Chair

Terry Richardson Chief Pabineau First Nation Conference Co-Chair

Julie Blackhawk General Counsel, Aboriginal Affairs Portfolio Justice Canada MEDIA PARTNERS:

Join us for 3 successive mornings DAY

1

Indigenous Rights and Moderate Livelihood

Gain perspectives and positive ways forward on the contentious topic of moderate livelihood and Indigenous rights.

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DAY

2

Consultation from Legal Requirements to Best Practices

Explore best practices in consultation with a look at implementing the UN Declaration, land claims, and consulting during a pandemic.

CanadianInstitute.com/IndigenousAtlantic • 1 877 927 7936

DAY

3

Focus on Economic Development and Partnerships

Hear about practical business practices, mutually beneficial relationships and success stories to find real-world takeaways for your next project.

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Entering the Modern Era of Indigenous Consultation: From Modern Treaties to Modern Tech Indigenous consultation is facing its greatest challenge of the modern era on three fronts. The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference, will take a hard look at emerging government policies and will openly discuss best practices for consultation, in a non-partisan and neutral environment. Join us for an in-depth discussion: Three dynamic mornings of in-depth discussion on Canada’s ever-changing and ever-evolving Consultation Law landscape.

DAY

1 Indigenous Rights and Moderate Livelihood ç The Spirit of the Marshall II Supreme Court Decision ç Exploring Consultation within the Contexts of a Modern Treaty and Treaty Rights ç Roundtable Perspectives on the Federal Response to Moderate Livelihood Fishing

DAY

2 Consultation from Legal Requirements to Best Practices ç Exploring How Land Claims Will Impact the Consultation Process ç Achieving Meaningful Consultation during a Pandemic ç Implementation Actions for the United Nations Declaration on the Rights of Indigenous Peoples

DAY

3 Focus on Economic Development and Partnerships ç Building Economic Development Partnerships ç Top 5 Challenges Affecting Economic Development ç Major Projects in Atlantic Canada: A Comprehensive View of Natural Resource Projects

Hear the legal obligations and regulations that govern Indigenous consultation and learn real applications for improving engagement strategies. This event brings together Indigenous leaders, government representatives and natural resource companies to discuss some of the most contentious consultation issues seizing the east coast in a neutral non-partisan setting.

Make this your opportunity to tackle long-standing concerns, create new connections and strengthen your existing relationships.

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twitter: @VOICES_CI linkedin: VOICES: Bringing Together Indigenous, Industry and Government Perspectives

DISTINGUISHED FACULTY Christopher Duschenes Director General, Economic Policy Development, Lands and Economic Development Indigenous Services Canada

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

Renée Pelletier Managing Partner Olthuis, Kleer, Townshed

Debbie Eisan Elder Mi'kmaw Native Friendship Centre

David Noganosh Principal and Founder Red Wolf Mediation

Terry Richardson Chief Pabineau First Nation

Lisa C. Glowacki Partner Ratcliff LLP

Conference Co-Chairs Tuma Young Lawyer & Indigenous Law Professor Cape Breton University

Sandra Gogal Partner Aboriginal Law Group Cassels

Faculty Nadir André Aboriginal Law Group, Partner Borden Ladner Gervais Julie Blackhawk General Counsel, Aboriginal Affairs Portfolio Justice Canada Angie Bruce A/Assistant Deputy Minister, Indigenous Affairs and Reconciliation Sector (IARS) Major Projects Management Office (MPMO)

Jamie Gorman Resource Development Consultation Coordinator Tobique First Nation (Neqotkuk) Gordon Grey Environmental Impact Assessment Coordinator Wolastoqey Nation Diana Kwan Manager, UN Declaration Team Crown Indigenous Relations and Northern Affairs Canada

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

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

Brian A. Crane Q.C. Partner Gowling WLG

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

Luc S. Desroches Crown Consultation Lead Impact Assessment Agency of Canada Kathleen Duguay Manager, Community Affairs and Nuclear Regulatory Protocol, Nuclear NB Power

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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 Mark Podlasly Director of Economic Policy First Nations Major Projects Coalition Paul J. Prosper Regional Chief, Newfoundland and Nova Scotia Assembly of First Nations James Richardson Councillor, Economic Development Portfolio Pabineau First Nation Derek A. Simon Managing Partner Burchells LLP Lead Negotiator Mi’gmawe’l Tplu’taqnn Incorporated (MTI)

Elizabeth Anne Logue Justice Canada

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

Tom Mann Aboriginal Relations Belledune Port Authority

Cynthia Westaway Director Westaway Law Group

Shannin Metatawabin President and CEO NACCA

CanadianInstitute.com/IndigenousAtlantic • 1 877 927 7936

Who You Will Meet Chiefs and Councilors, Senior Executives, Directors and Managers of Indigenous Relations, Internal and External Affairs, Stakeholder Relations, Community Relations, Project Development, Environmental Planning, Government representatives and Corporate Affairs, Policy Analysts, In-House Counsel and Partners from: y y y y y y y y

Indigenous Communities and Organizations Provincial and Federal Government Oil and Gas Mining and Exploration Power Generation and Transmission Agriculture and Forestry Engineering and Environmental Services Law Firms

Legal Accreditation

EARN CPD CREDITS

This 3-day conference program can be applied towards 4.5 of the 9 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. As well Workshop B and Workshop C can both be applied toward 3 hours substantive hours.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

The Barreau do Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

The Law Society of Saskatchewan recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for approval.

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Monday, November 22 (AST)

Focus on Indigenous Rights and Moderate Livelihood

10:00

Traditional Welcome Microphone Debbie Eisan, Elder, Mi'kmaw Native Friendship Centre 10:10

Opening Comments from the Co-Chairs Microphone Tuma Young, Lawyer & Indigenous Law Professor, Cape Breton University

Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshed

Terry Richardson, Chief, Pabineau First Nation

10:15

Keynote Address Microphone Paul J. Prosper, Regional Chief, Newfoundland and Nova Scotia, Assembly of First Nations 10:40

LIVE AUDIENCE POLLING

Derek A. Simon, Managing Partner, Burchells LLP, Lead Negotiator, 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 wellmanaged fisheries

12:50

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

PANEL: Exploring Consultation within the Contexts of a Modern Treaty and Treaty Rights Microphone Jamie Gorman, Resource Development Consultation Coordinator, Tobique First Nation (Neqotkuk)

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

Cynthia Westaway, Director, Westaway Law Group

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?

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.

11:45 Break

• • • •

12:05

1:30

LIVE AUDIENCE POLLING

Roundtable Perspectives on the Federal Response to Moderate Livelihood Fishing Microphone 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

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HYPOTHETICAL SCENARIOS

Nation to Nation principled consensus building and problem solving processes Relationship centered restorative dispute resolution involving Indigenous parties Capacity building using Indigenous legal and spiritual traditions in dispute resolution Trauma informed approach with high emotional conflict in Indigenous communities

Closing Remarks from the Co-Chair and Conference Adjourns 1:35–1:45

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.

twitter: @VOICES_CI linkedin: VOICES: Bringing Together Indigenous, Industry and Government Perspectives

Tuesday, November 23 (AST)

Focus on Consultation from Legal Requirements to Best Practices 10:00

12:00

Opening Remarks from the Co-Chair

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

Microphone Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshed

Microphone Julie Blackhawk, General Counsel, Aboriginal Affairs Portfolio, Justice Canada

10:10

Digging into Land Claims: Exploring How Land Claims Will Impact the Consultation Process Microphone 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

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 Microphone Elizabeth Anne Logue, Justice Canada

Diana Kwan, Manager, UN Declaration Team, Crown Indigenous Relations and Northern Affairs Canada

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

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

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.

1:30

Closing Remarks from the Co-Chair and Conference Adjourns 1:35–1:45

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.

Cogs WORKSHOP B Clock 2:00–5:30 pm Deciphering the Duty to Consult: Real-World Practical Tips for the Savvy Consultation Officer Microphone Nadir A André, Partner, Aboriginal Law Group, Borden Ladner Gervais 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

Wednesday, November 24 (AST)

Focus on Economic Development and Partnerships 11:00

10:00

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

Opening Remarks from the Co-Chair Microphone Terry Richardson, Chief, Pabineau First Nation 10:10

CASE STUDY

Building Economic Development Partnerships and Achieving Mutual Growth Opportunities – Examining a “First of its Kind” Agreement Microphone Terry Richardson, Chief, Pabineau First Nation

James Richardson, Economic Development Officer, Pabineau First Nation

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

LIVE AUDIENCE POLLING

Microphone Christopher Duschenes, Director General, Economic Policy Development, Lands and Economic Development, Indigenous Services Canada

Mark Podlasly, Director of Economic Policy, First Nations Major Projects Coalition

Shannin Metatawabin, President and CEO, NACCA

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

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12:00 Break 12:15

Major Projects in Atlantic Canada: A Comprehensive View of Natural Resource Projects Microphone Angie Bruce, A/Assistant Deputy Minister, Indigenous Affairs and Reconciliation Sector (IARS), Major Projects Management Office (MPMO) Share a comprehensive overview of current work and engagement practices with Indigenous people as well as Natural Resources Canada’s plan to advance reconciliation.

12:45

Adopting a Broader Scope for Impact Assessments under the Impact Assessment Act

Cogs WORKSHOP C Clock 2:00–5:30 pm SAMPLE CONTRACTS Contract Breakdown: Building Effective Partnership Agreements from Joint Ventures to Impact Benefit Agreements

Microphone Gordon Grey, Environmental Impact Assessment Coordinator, Wolastoqey Nation

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

Microphone Sandra Gogal, Partner Aboriginal Law Group, Cassels

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

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

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

MEDIA PARTNERS: The Environmental Law Institute makes law work for people, places, and the planet.

Playing a pivotal role in environmental law, policy, and management since 1969, we are an internationally recognized, non-partisan research and education center working to strengthen environmental protection by improving law and governance worldwide. Visit www.eli.org.

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CanadianInstitute.com/IndigenousAtlantic • 1 877 927 7936

Founded in 1994, the Environmental Services Association Maritimes (ESAM) is a non-profit business organization dedicated to the promotion of environmental products, services, and organizations within the environmental industry. ESAM provides networking and information activities regarding the environmental sector through conferences, information sessions, social events, social media, our website, and monthly Newsletter. http://www.esamaritimes.ca/

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