14th Annual Western Indigenous Consultation & Engagement - WEB

The Must Attend Event for Indigenous Consultation in Western Canada

EARN CPD CREDITS

nd E a SON V I L ER P I NFebruary 23–24, 2022

The Westin Edmonton Hotel | Edmonton, AB 14th Annual

Western Indigenous

Consultation & Engagement Critical discussions and legal updates impacting communities, governments and industry

All Secure

C5’s All Secure Safety Plan

GAIN INSIGHT FROM LEADERS:

Dan Cardinal Vice President Métis Nation of Alberta (MNA)

Arthur Noskey Grand Chief Treaty 8 First Nations of Alberta

Dale Swampy President National Coalition of Chiefs

Tracy L. Friedel President Métis Nation of Alberta Region 4 Committee Member Indigenous Advisory and Monitoring Committee

Highlights for 2022 y The Art of Monitoring the Trans Mountain Expansion and Existing Pipeline y How to Create Long-Term Indigenous Employment Opportunities – How Successful Companies are Creating Employee Loyalty y How the UN Declaration Will be Implemented Across Jurisdictions and Agencies and the Effect on Consultation y Everything You Wanted to Know about the Natural Resources Sector But Were Afraid to Ask – Back by popular demand!

MEDIA PARTNERS:

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Shannon Joseph Vice President, Government Relations and Indigenous Affairs Canadian Association of Petroleum Producers (CAPP)

Two Practical and Interactive Workshops to Enhance Your Skills Workshop A:

A Practical and Complete Guide on Duty to Consult for the Consultation Manager

Workshop B:

A Deep Dive into the Fundamentals of Impact Benefit Agreements and Contracts and What You Need to Know to Achieve a Win-Win Outcome

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Changes in consultation practices are going to change how you do business.

Landmark court decisions are taking a hard look at consultation cases involving lost Indigenous lands and opportunity, economic benefits derived from Indigenous rights as well as cumulative effects infringing on treaty rights. Coupled with the Federal government’s anticipated implementation of the UN Declaration on the Right of Indigenous Peoples consultation practices are changing drastically and businesses are facing greater scrutiny.

Turn the challenges into opportunities Whether you are working for a First Nation community, a natural resource sector company or a government or regulatory organization, The Canadian Institute’s 14th Annual Western Indigenous Consultation & Engagement conference will bring you a critical and balanced discussion. Join us to delve into the legal updates, gain best practices for boosting your business and broaden your network during interactive sessions. » Positioning Reconciliation at the Heart of Your Company » Securing Funding for Capital Investments and Completing Projects » How Capacity Funding is Allocated to Move Projects Forward and Understanding the Application Process » How to Create Long-Term Indigenous Employment Opportunities – How Successful Companies are Creating Employee Loyalty » Inside a Community Value System: How Communities Weigh the Pros and Cons of a Development Project This event provides a non-partisan platform for making meaningful connections and getting conversations started. Make this event part of your consultation strategy by learning government process from government representatives; hear from industry experts how major projects are affecting the natural resource sector, and engage with Indigenous leaders and reignite relationships.

We look forward to seeing you in Edmonton.

Legal Accreditation

EARN CPD CREDITS

This 2-day conference program can be applied towards 4 of the 9 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario.

Members will also receive an additional 3 substantive hours at each pre-conference workshop.

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

The Barreau du Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

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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.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

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Substantive Credit

CO-CHAIRS Lawrence Aimoe Justice Committee Member Treaty 8 Executive Director Operations, Aboriginal Consultation Office (former)

Carolyn Buffalo Environmental Officer/Legal Counsel/Policy Analyst Yellowhead Tribal Council

FACULTY Roy Auger Consultation Officer Buffalo Lake Métis Settlement

Maegen Giltrow Partner Ratcliff LLP

Ron S. Maurice Partner Maurice Law

Jeremy Barretto Partner, Regulatory, Environmental and Aboriginal Law Cassels

Mel Grandjamb Chief Fort McKay First Nation (FMFN)

Hon. Mary Jane McCallum Senator for Manitoba Senate of Canada

Matthew Hebert Executive Director, Aboriginal Consultation Office Consultation, Land, and Policy Division Alberta Indigenous Relations

Robert Merasty Executive Director Indigenous Resource Network

Gregory Bereza Indigenous Relations Liaison, Electricity Transmission & Distribution ATCO Electric Dan Cardinal Vice President Métis Nation of Alberta (MNA) Ray Cardinal Committee Member Indigenous Advisory and Monitoring Committee (IAMC) Chief of Staff Sucker Creek First Nation Meaghan M. Conroy Partner MLT Aikins Tim Dickson Principal JFK Law Corporation Darcy Fedorchu ATCO

Shannon Joseph Vice President, Government Relations and Indigenous Affairs Canadian Association of Petroleum Producers (CAPP) Killeen Kelly Director, Community Engagement, Western Canada Hatch Diana Kwan Manager, UN Declaration Team Crown Indigenous Relations and Northern Affairs Canada Rosanne Kyle Partner Mandell Pinder Barristers & Solicitors LLP

Bob Fisher President and Board Chair CIM, Chartered Managers Canada

Thomas Laboucan-Avirom Legal and Economic Development Officer Woodland Cree First Nation

Winona Embuldeniya Acting Director General, Indigenous Affairs and Reconciliation Natural Resources Canada

Nick Leeson Associate Olthuis Kleer Townshend LLP

Tracy L. Friedel President Métis Nation of Alberta Region 4 Committee Member Indigenous Advisory and Monitoring Committee

Elder Betty Letendre Learning Services Enhancement, Manger, Council of Elder Edmonton Catholic Schools Elizabeth Logue UNDRIP Implementation Act Secretariat Justice Canada

Frank R. Meyer Chief Executive Officer, Economic Development Corp.

Treaty 8 First Nations of Alberta Terry M. Mitchell Director, Indigenous Relations Graham Arthur Noskey Grand Chief Treaty 8 First Nations of Alberta Marcel Pelletier Vice President, Indigenous Relations AECOM James Scarlett Investment Principal Alberta Indigenous Opportunities Corporation John Stronach Indigenous Relations Lead – Small Modular Nuclear Reactors Natural Resources Canada Dale Swampy President National Coalition of Chiefs Michelle Wilsdon Committee Member Indigenous Advisory and Monitoring Committee (IAMC) Council Member Enoch Cree Nation Rick Wilson Minister of Indigenous Relations Government of Alberta

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 and Corporate Affairs, Policy Analysts, In-House Counsel and Partners

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From: y Indigenous Communities y Provincial and Federal Government y Oil and Gas y Mining and Exploration

CanadianInstitute.com/WesternIndigenous • 1 877 927 7936

y Power Generation and Transmission y Agriculture and Forestry y Engineering and Environmental Services y Law Firms a C5 Group Company Business Information in a Global Context

Pre-Conference Workshops TUESDAY, FEBRUARY 22 Cogs Workshop A

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Clock 8:30 am–12:00 pm (Registration Opens at 8:00 a.m.)

A Practical and Complete Guide on Duty to Consult for the Consultation Manager Microphone Roy Auger, Consultation Officer, Buffalo Lake Métis Settlement Meaghan M. Conroy, Partner, MLT Aikins In this hands-on workshop, you will benefit from real life examples, pitfalls to avoid and the latest best practices. Don’t miss this detailed, in-depth look at expectations, documents and day-to-day operations pertaining to the Duty to Consult. This workshop is only being offered in-person.

PART 1. Examining the meaning and intent of the Duty to Consult • Deciphering what triggers the Duty to Consult, the types of projects, and grey areas • Understanding the legal requirements • Examining the role of the Crown, the regulator, and other groups Calculating whether the duty has been sufficiently met

PART 2. Interactive Examination of consultation documents • Knowing what at to read, and what to look for, and what to do next Environmental Assessments • Handling technical documents • Filing permits

PART 3. Interactive discussion on day-to-day operations • How to find efficiencies Discussing costs incurred from fulfilling the consultation process, who usually pays • Tracking referrals and timelines

Cogs Workshop B

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Clock 1:00–4:30 pm (Registration opens at 12:30 p.m.)

A Deep Dive into the Fundamentals of Impact Benefit Agreements and Contracts and What You Need to Know to Achieve a Win-Win Outcome Microphone Bob Fisher, President and Board Chair, CIM, Chartered Managers Canada Thomas Laboucan-Avirom, Legal and Economic Development Officer, Woodland Cree First Nation Nick Leeson, Associate, Olthuis Kleer Townshend LLP Terry M. Mitchell, Director, Indigenous Relations, Graham Benefit for hands-on instruction 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.

This workshop is only being offered in-person.

• Negotiating practical graduated agreements and arrangements • Understanding how an Impact Benefit Agreement (IBA) applies differently to the mining sector, forestry and green energy projects • Optimizing a resource revenue sharing agreement to benefit your community • Identifying options for structuring Joint Ventures

A light luncheon will be served to those attending both Workshop A and B.

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Substantive Credit

Day One WEDNESDAY, FEBRUARY 23 8:00

10:45

Networking Refreshment Break

11:00

The Art of Monitoring the Trans Mountain Expansion and Existing Pipeline

Registration Opens and Refreshments are Served

Microphone Ray Cardinal, Committee Member, Indigenous Advisory and Monitoring Committee (IAMC), Chief of Staff, Sucker Creek First Nation

8:45

Traditional Welcome

Tracy L. Friedel, President, Métis Nation of Alberta Region 4, Committee Member, Indigenous Advisory and Monitoring Committee

Microphone Elder Betty Letendre, Learning Services Enhancement, Manger, Council of Elder, Edmonton Catholic Schools 9:00

Michelle Wilsdon, Committee Member, Indigenous Advisory and Monitoring Committee (IAMC), Council Member, Enoch Cree Nation

Remarks from the Co-Chairs Microphone Lawrence Aimoe, Justice Committee Member, Treaty 8, Executive Director Operations, Aboriginal Consultation Office (former)

• Examining best practice for finalizing a project • Evaluating when consultation end and when monitoring begins

Carolyn Buffalo, Environmental Officer/Legal Counsel/Policy Analyst, Yellowhead Tribal Council

• Turning Indigenous community wants into regulatory action • Following up on projects before, during and post project • Raising the standards for reporting

9:15

KEYNOTE

Strength in Leadership and Strength in Communities

11:45

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KEYNOTE ADDRESS

Microphone Hon. Mary Jane McCallum, Senator for Manitoba, Senate of Canada

Microphone Rick Wilson, Minister of Indigenous Relations, Government of Alberta

9:45

How the UN Declaration Will be Implemented Across Jurisdictions and Agencies and the Effect on Consultation

12:15

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Networking Luncheon for Speakers and Delegates

1:45

verything You Wanted to Know About the E Natural Resources Sector But Were Afraid to Ask

Microphone Winona Embuldeniya, Acting Director General, Indigenous Affairs and Reconciliation, Natural Resources Canada

Microphone Gregory Bereza, Indigenous Relations Liaison, Electricity Transmission & Distribution, ATCO Electric

Shannon Joseph, Vice President, Government Relations and Indigenous Affairs, Canadian Association of Petroleum Producers (CAPP)

Darcy Fedorchu, ATCO

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

Marcel Pelletier, Vice President, Indigenous Relations, AECOM John Stronach, Indigenous Relations Lead – Small Modular Nuclear Reactors, Natural Resources Canada

Elizabeth Logue, UNDRIP Implementation Act Secretariat, Justice Canada

Back by popular demand! During this interactive session delegates are invited to rotate between multiple small groups to discuss the ins and outs of different natural resource industries, and discover efficiencies through working together. Your opportunity to drive the conversation, discuss the fundamentals of the sector, emerging trends and dispel popular misconceptions.

Robert Merasty, Executive Director, Indigenous Resource Network A look at how the Government of Canada is implementing the United Nations Declaration on the Rights of Indigenous Peoples, across different government agency, including timelines. Discuss the affect on Duty to Consult. Discuss the different interpretations of FPIC. Is consent applied to the engagement process separately from the project approval?

3:15

Networking Refreshment Break

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3:30

10:00

How to Create Long-Term Indigenous Employment Opportunities – How Successful Companies are Creating Employee Loyalty

Practical Review of the Ermineskin Court Decision and How Assessing the Economic Benefit of Indigenous Rights will Impact Future Projects

Microphone Killeen Kelly, Director, Community Engagement, Western Canada, Hatch

Microphone Jeremy Barretto, Partner, Regulatory, Environmental and Aboriginal Law, Cassels

Marcel Pelletier, Vice President, Indigenous Relations, AECOM • Understanding what it takes to inspire and motivate millennium workers and those from underrepresented groups • Identifying employment barriers at the community level • Investing in education, apprenticeship and internship programs to increase employability and retention • Evaluating different training opportunities — balancing classroom and on-the-job learning • Creating a welcoming, inclusive workplace where everyone is productive 4:15

Securing Funding for Capital Investments and Completing Projects Microphone Frank R. Meyer, Chief Executive Officer, Economic Development Corp., Treaty 8 First Nations of Alberta James Scarlett, Investment Principal, Alberta Indigenous Opportunities Corporation • Defining project parameters and identifying what works for the community • Finding capital from the community and from the company perspective • Determining which elements of the project will receive capital investments • Mapping the steps from project inception to project completion – What are the different components?

• Examining the due diligent process 5:00

Closing Remarks from the Co-Chairs Conference Adjourns

Day Two THURSDAY, FEBRUARY 24 8:30

Registration Opens and Refreshments are Served

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Tim Dickson, Principal, JFK Law Corporation In the landmark decision, of Ermineskin Cree Nation v Canada (Environment and Climate Change) (2021) Canada’s Federal Court ruled the Crown must consult with Indigenous groups that hold economic benefits derived from Indigenous rights • Examining how development projects can achieve a threshold of economic development • Evaluating the recourse of a cancelled project 10:45

Networking Refreshment Break

11:00

Inside a Community Value System: How Communities Weigh the Pros and Cons of a Development Project Microphone Dale Swampy, President, National Coalition of Chiefs A look at why some communities have been labelled as pro-development and others anti-development. Explore the community value systems and its integral role in assessing which development projects are right for its community members.

• Balancing low-disturbance projects vs economic-boosting projects • Aligning projects with community value system 11:30

Microphone Rosanne Kyle, Partner, Mandell Pinder Barristers & Solicitors LLP Ron S. Maurice, Partner, Maurice Law The Supreme Court of Canada decision addresses how to assess the value of lost Indigenous lands and opportunity, and also addresses a fiduciary obligation on the Crown, in the case of Southwind v Canada (2021)

9:00

• Breaching the fiduciary duty

Remarks from the Co-Chairs

• Assessing the value of the lost opportunity

9:05

CHIEFS & PRESIDENTS PANEL

Overcoming the Top Challenges in Consultation Microphone Dan Cardinal, Vice President, Métis Nation of Alberta (MNA) Arthur Noskey, Grand Chief, Treaty 8 First Nations of Albert • Adhering to protocol, best practices for getting started • Decolonizing the engagement and consultation process

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Assessing Equitable Compensation to Indigenous Peoples: What the Southwind Court Decision Reveals

12:30

Networking Luncheon for Speakers and Delegates

1:30

Digitizing and Modernizing Processes from the Aboriginal Consultation Office Microphone Matthew Hebert, Executive Director, Aboriginal Consultation Office, Consultation, Land, and Policy Division, Alberta Indigenous Relations

• Communicating information through the whole community • Creating Continuity from on a project when the people are changing

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Substantive Credit

2:15

How to Examine Treaty Rights Post Blueberry Court Decision: How to Effectively Assess Cumulative Effects and the Impact Assessments of a Projects

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Venue Information HOTEL: The Westin Edmonton Hotel ADDRESS: 10135 100th Street Edmonton, AB T5J 0N7

Microphone Mel Grandjamb, Chief, Fort McKay First Nation (FMFN) Maegen Giltrow, Partner, Ratcliff LLP

RESERVATIONS: 780-426-3636

A look at the precedent-setting British Columbia Supreme Court which ruled that the treaty rights of Blueberry River First Nation were infringed upon through the cumulative effects of decades of natural resource developments.

• How will impact assessments be submitted • Implications of the British Columbia Supreme Court decision in Yahey v British Columbia (2021)

Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ 14th Annual Western Indigenous Consultation & Engagement Conference”.

Please note that the guest room block cut-off date is January 25th, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

• Examining how cumulative effects affect treaty rights with a look at Alberta Court of Appeal decision in Fort McKay First Nation v Prosper Petroleum Ltd, (2020) 3:00

Closing Remarks from the Co-Chairs Conference Concludes

UPCOMING EVENTS

March 30–31, 2022

5th Annual

First Nations Housing & Infrastructure West April 2022

April 2022

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Hands-On Pre-Conference Workshops - Bring Your Team!

A | A Practical and Complete Guide on Duty to Consult for the Consultation Manager February 22, 2022 | 8:30 am–12:00 pm

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$395

All program participants will receive an online link to access the conference materials as part of their registration fee.

Additional copies of the Conference Materials available for $199 per copy.

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* The amount of tax charged on your order will be determined based on the product type purchased and tax regulations. ** Team/group registrations must be from the same organization/ firm and register together in one transaction. nly Indigenous Communities, NonO Profit and Government employees qualify for this special pricing offer. This special price cannot be combined with group rates or any other special offer. CI reserves the right to review eligibility for this rate.

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B | A Deep Dive into the Fundamentals of Impact Benefit Agreements and Contracts and What You Need to Know to Achieve a Win-Win Outcome February 22, 2022 | 1:00 pm–4:30 pm

3–4

Planning Ahead for Live Conferences: C5’s All Secure Safety Plan We look forward to the time when we are able to welcome you back to our live conferences.

When you are ready to attend one of our conferences, you will see that a lot has changed. Social distancing and cleaning procedures that have now become a way of life for all of us are now the standard for how we will run our conferences. Our events will continue to offer unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise and now with a greater focus on the safety, health and well-being of all our guests.

As The Canadian Institute and our partners begin to look forward to live events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated.

All our events will adhere to official government and local authority guidance in addition to venue or locationspecific regulations. Our live events will follow the commitments below.

In-Person Conference Participation Requirements For the protection and wellbeing of all event attendees, we have implemented a vaccination requirement for entry into the conference. All attendees and staff are required to provide proof of being fully vaccinated with a COVID-19 vaccine.

A negative COVID-19 test result will not qualify for entry into the conference.

Vaccination proof must be accompanied with a government-issued ID.

Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 14 days prior: y They are not experiencing COVID-19 symptoms. y Have not traveled from an area under a travel health advisory. y Have not provided care for or had close contact with any person with or reasonably suspected of having COVID-19, or with any person who traveled outside of your home country or to an area under a travel health advisory. y Have not been advised by any health authority, government agency or regulation to self-isolate due to possible exposure to COVID-19.

Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/ symptoms.html We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.

Safety and Physical Distancing y Physical distancing protocols such as limiting attendance, directional signage and markers throughout the conference. y A conference room layout with planned seating for appropriate physical distancing. y We continue to work closely with our venue partners to ensure the safety of our attendees. Please check back frequently as we monitor and evolve our plan in the weeks ahead.

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In addition, as per the guidance of the CDC, we encourage all attendees to wear a mask or face covering at all times while at the conference and its social functions, except in limited settings such as during meals.

We reserve the right to deny entry to anyone not following the requirements above. Please note our entry policy is subject to change at any time based on changing local regulations.

Enhanced Communication y Advance communication to all attendees on what to expect and prepare for at the conference: from registration to conference materials to room layout to food and beverage options and more. y Education and training for the team to ensure we provide a safe and secure conference experience. y Distribution of local health-resource information in advance of the event. y Ongoing communication and advance planning with the venue regarding enhanced cleaning and sanitizing measures, response strategies and other onsite protocols.

Increased Cleaning and Sanitation y Placement of hygiene stations throughout the conference including the registration area, meeting spaces and high frequency areas. y Availability of personal hygiene and safety products including facial coverings where available.

Reduced Touchpoints y Reduction of the physical distribution of onsite materials. y Food and beverage options that ensure minimal handling and exposure.

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The Lobby is your starting point…

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The Sessions area contains the majority of the conference programming and networking events.

The 1:1 Networking is a fast-paced opportunity to meet new people and expand your professional network.

Plan to visit the Expo often.

It will be open before, during, and after the conference.

CHEVRON-DOUBLE-RIGHT Attend live sessions, ask questions, comment in the chat function, and take part in live polling.

Enter this area to be paired up at random with other attendees for a quick video meet-up.

Use this opportunity to explore new products and services from leading providers, and meet with new and existing partners over video chat.

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Emma McAdam VP, Government Affairs

Janet Smith VP, General Counsel

Olivia Thomson Chief Compliance Officer

Luis Santos Director

Ramesh Kumar Partner

Jean Roux VP, Business Development

GAIN INSIGHT FROM LEADERS:

Patricia Harden Head of Sanctions Miyuki Johnson VP, Manufacturing

Dan Cardinal Vice President Métis Nation of Alberta (MNA)

Arthur Noskey Grand Chief Treaty 8 First Nations of Alberta

Dale Swampy President National Coalition of Chiefs

Tracy L. Friedel President Métis Nation of Alberta Region 4 Committee Member Indigenous Advisory and Monitoring Committee

Shannon Joseph Vice President, Government Relations and Indigenous Affairs Canadian Association of Petroleum Producers (CAPP)

Maximize Your Conference Experience

Update your profile

Review your profile, upload a picture and connect your social media accounts to personalize your presence.

People tab

You can also engage with other attendees directly. Find a person in the attendee list to send a message and/or an invitation to a video chat.

Polling

Weigh in and seize the opportunity to benchmark with industry peers in real-time.

Use the Chat feature to engage with fellow attendees, speakers and sponsors.

Turn your camera on

for roundtable sessions, networking events and video chats for a more engaging virtual connection.

Make Connections Join scheduled “1:1 Networking” sessions. They are an interactive way to expand your network of peers.

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Engage with solution providers of all kinds by visiting the “Expo” to watch videos and live demonstrations, and for face-to-face conversations.

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Use the “People” tab to create new relationships and strengthen existing ones within your industry.

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