Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories
October 31 & November 1, 2023 at 9:00AM PST
Downtown Vancouver and Live Webinar
Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories
October 31 & November 1, 2023
Overview
Marine and mining development activities are occurring on Indigenous territories, and it is imperative that Indigenous peoples assert their jurisdiction over their lands by being involved in the creation of legislation and industry standards, and the management and jurisdiction of resource-rich lands and ocean spaces.
This two day program will assemble world leaders in mining and marine development and Indigenous law, to provide delegates with in-depth information and practical insights to understand what’s next in this growing field. For those who wish to remain current and informed, this program should not be missed.
Key Areas Addressed:
BC mining laws, Indigenous jurisdiction and the role of UNDRIP
Canadian and international perspectives on title to submerged lands and oceans
Mining industry standards
Climate change policies
Global examples of Indigenous jurisdiction over mining and marine development
Who Should Attend:
Lawyers practising in the areas of Aboriginal law, administrative law, and business law
Aboriginal leaders, officials, councillors, elders, negotiators, administrators, and advisors
Owners, managers and representatives of resource development companies and companies operating on Crown land
Federal, provincial and municipal government officials and policy advisors
Consultants, accountants, financial planners, and others assisting First Nations with financial matters and business operations
Indigenous Scholarship Program
PBLI offers sponsored registrations to individuals of First Nation, Inuit, or Métis Descent. One sponsorship is available per program. This sponsorship program is designed to make the education and networking opportunities at our conferences more accessible to Indigenous communities. For application details, please click here.
Agenda
October 31, 2023 (Day 1)
9:00 - Welcome by PBLI
9:05 - Opening Prayer
9:10 - Chairs’ Introduction
Lisa Fong, KC
Partner, Ng Ariss Fong
Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation
9:15 - Keynote Address
Nees Hiwaas
Gitxaała Sm’ooygit
Linda Innes
Chief Councillor, Gitxaała Nation
9:45 - Key Issues and Challenges in the Intersection of Indigenous Governance and BC Mining Laws
Lisa Fong, KC
Partner, Ng Ariss Fong
Lisa Glowacki
Partner, Ratcliff LLP
Calvin Sandborn, KC
Retired Senior Counsel, Environmental Law Centre, University of Victoria
Dominique Nouvet
Lawyer, Nouvet Law Corporation
Mining and Indigenous governance: Gitxaała v BC and Ehattesaht v BC
Placer mining and remediation of placer mines on Indigenous territories
Mines Act issues for First Nations: compensation, impact assessments, and remediation and restoration
On the ground challenges and successes with Lake Babine Nation
10:35 - Questions and Discussion
10:45 - Refreshment Adjournment
11:00 - Mining Standards and Indigenous Perspectives
Adan Olivares Castro
Regional Lead, Americas & Caribbean, Initiative for Responsible Mining Assurance (IRMA)
Tara Shea
Senior Director, Regulatory and Indigenous Affairs Mining Association of Canada
David Walkem
Stewardship Advisor, Citxw Nlaka’pamux Assembly
Naxginkw Tara Marsden
Independent Contractor
Canadian and global mining standards
Initiative for Responsible Mining Assurance (IRMA) standards
Indigenous mining standards
How mining standards have addressed UNDRIP and the principle of free, prior, and informed consent
11:50 - Questions and Discussion
12:00 - Impacts of Mining on Indigenous Women
Nuskmata (Jacinda Mack)
Nuxalk Nation Spokesperson on Mining
Mining standards and impact assessments need to account for impacts to Indigenous women
12:20 - Questions and Discussion
12:30 - Networking Lunch
1:30 - Perspectives on Indigenous Rights, Critical Minerals and Climate Change
Ma-Lah Allen Edzerza
Tahltan Nation Elder
Alan Young
Principal, Material Efficiency Research Group (MERG)
Christy Smith
Senior Vice President, Indigenous and Stakeholder Engagement, Falkirk Environmental Consultants
Whether and to what extent critical minerals are needed to address climate change
How Indigenous rights interact with climate change policies
2:30 - Questions and Discussion
2:40 - Refreshment Adjournment
2:50 - Recent Cases at the Intersection of Mining and Indigenous Governance
Gavin Smith
Staff Lawyer, West Coast Environmental Law
Rodger Barnes
Research Manager, University of Queensland
Ruben Tillman
Associate, Ng Ariss Fong
Important cases and developments in the law in Canada and globally, regarding mining or mineral tenures and Indigenous rights and governance
3:55 - Questions and Discussion
4:05 - Panel: The Future of Mining Law in BC in the UNDRIP Era
A moderated discussion on the future of mining, mining laws, and Indigenous governance with the day’s speakers
4:50 - Chairs’ Closing Remarks
4:55- Forum Concludes for Day One
November 1, 2023 (Day 2)
9:00 - Opening Prayer and Reflections on Day One
Lisa Fong, KC
Partner, Ng Ariss Fong
Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation
9:15 - Keynote: Haida Law and Marine Areas
Gid7ahl Gudsllaay Terri-Lynn Williams-Davidson, KC
Principal and Senior Legal Counsel, White Raven Law Corporation
10:05 - Questions and Discussion
10:15 - Indigenous Management of Ocean Spaces
Cloy-e-iis, Judith Sayers
President, Nuu-Chan-nulth Tribal Council
Dúqva̓ísḷa William Housty
Haíɫzaqv Hímás
How co-management of ocean spaces by First Nations and the Crown works
11:05 - Questions and Discussion
11:15 - Refreshment Adjournment
11:30 - Perspectives on Reclaiming Colonized Ocean Spaces
Jessica Clogg
Executive Director & Senior Counsel, West Coast Environmental Law
Rayanna Seymour-Hourie
Staff Lawyer & RELAW Manager, West Coast Environmental Law
Erin Hanson
Manager, Sacred Trust Initiative, Tsleil-Waututh Nation
Smawn, Richard John Hall
Nuxalk Nation
Exercises of Indigenous ocean laws
Indigenous Protected and Conserved Areas (IPCAs)
12:20 - Questions and Discussion
12:30 - Networking Lunch
1:15 - International Perspectives on Title to Submerged Lands
Dr. Rachel Ariss
Associate Professor, Ontario Tech University
Dr. Lee Godden
Dean, Faculty of Law, Victoria University of Wellington Te Herenga Waka
Natalie Coates
Partner, Kāhui Legal
Aboriginal title to ocean spaces in the law of Atareiria (Austrasia)
Indigenous rights and title to marine spaces globally
2:20 - Questions and Discussion
2:30 - Refreshment Adjournment
2:45 - Title to Submerged Lands in Canadian Law
Maegen Giltrow, KC
Partner, Ratcliff LLP
Roger Townshend
Partner, Olthuis Kleer Townshend LLP
Ruben Tillman
Associate, Ng Ariss Fong
The public right of navigation and the test for Aboriginal title to submerged lands in the cases of Saugeen (Saugeen First Nation v. The Attorney General of Canada, 2021 ONSC 4181) and Saik’uz First Nation v. Rio Tinto Alcan Inc., 2022 BCSC 15)
Aboriginal title to submerged lands in BC, given the Declaration on the Rights of Indigenous Peoples Act
3:35 - Questions and Discussion
3:45 - The Future of Title to Submerged Lands in Canada
Elizabeth Bulbrook
Managing Lawyer, White Raven Law
Nigel Baker-Grenier
Associate, White Raven Law
Lisa Fong, KC
Partner, Ng Ariss Fong
Michael Jackson, KC
Professor/ Senior Legal Counsel, Peter A. Allard School of Law/ White Raven Law
The test and content for Aboriginal title to ocean spaces
Evidence sources and challenges for proving Aboriginal title to ocean spaces in court
4:30 - Questions and Discussion
4:40 - Chairs’ Closing Remarks
4:45- Forum Concludes
Meet the Co-Chairs
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Partner, Ng Ariss Fong, Vancouver, BC
Lisa’s practice is a blend of administrative, aboriginal and environmental litigation, and advising governmental bodies. Lisa has the privilege of assisting Indigenous governments in asserting the aboriginal rights and title of their peoples. She has a special interest in energy projects and assisting her Indigenous clients in exercising their governance powers to determine whether such projects should proceed.
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Principal and Senior Legal Counsel, White Raven Law, Surrey, BC
A citizen of, and General Counsel, to the Haida Nation, Terri-Lynn has practised in Indigenous-environmental law since 1995 when she began representing the Haida Nation at all levels of court, including the Supreme Court of Canada. She was lead counsel in litigation to protect the old growth forests of Haida Gwaii in the Haida case, the leading case on consultation and accommodation of Indigenous rights. She is counsel for the Haida Nation’s aboriginal title case and related reconciliation negotiations—which have resulted in innovative agreements with British Columbia and Canada—as well as other litigation including successfully challenging the Enbridge Northern Gateway Project, and injunctive relief for herring. Terri-Lynn is an Honourary Director of Ecojustice, serves on the Law Society of British Columbia Truth and Reconciliation Advisory Committee, the Federation of Law Societies of Canada’s Indigenous Advisory Council, the Dean’s Advisory Committee for the Centre for Business Law at Allard School of Law, and she is Co-Chair of the Indigenous Engagement in Regulatory Matters Task Force. She is a co-principal investigator with the Canada Climate Law Initiative. Terri-Lynn has been honoured with the Peoples’ Choice Andrew Thompson Award for lifetime contributions to environmental protection and sustainability (2014); the Courage in Law Award from the Indigenous Law Students Association at Allard Law School (2018); Canadian Lawyer’s Top 25 Most Influential Lawyers in the category of “Changemakers” (2020); Maclean’s “Power List”, ranking 21 of 50 Canadians who are breaking ground in their field (2021); and recognized as one of 500 most influential business leaders in BC in the General Counsel category (2022). In 2021 she was appointed as Queen’s Counsel.
Meet the Faculty
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Associate Professor, Legal Studies, Faculty of Social Science and Humanities, Ontario Tech University
Dr. Rachel Ariss focuses on the relationships between law, social justice and change, and how law shapes (and misshapes) community in research and teaching. Her research projects include Aboriginal land rights, the duty to consult and mining; the role of witnessing in social justice struggles; midwifery and social change; and regulation of parentage in gestational surrogacy. Together with John Cutfeet, Dr. Ariss authored Keeping the Land: Kitchenuhmaykoosib Inninuwug, Reconciliation and Canadian Law (Fernwood Publishing, 2012). She earned a Bachelor of Arts from Trent University, a Bachelor of Laws (LLB) from Osgoode Hall (York University), a Master of Laws (LLM) from Queen’s University, and a Doctor of Juridical Science (SJD) from the University of Toronto. She began her academic career in Lakehead University’s Sociology department in 2003, and joined the Legal Studies program at Ontario Tech University in 2010. She is currently visiting counsel at Ng Ariss Fong, Lawyers.
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Associate, White Raven Law, Surrey, BC
Nigel is an Associate at White Raven Law. He holds a Bachelor of Arts in the History Honours program at the University of British Columbia and a Juris Doctor from the Peter A. Allard School of Law. He was called to the BC Bar in 2020. In 2021, the Western Journal of Legal Studies published Nigel’s article “Kitimahkinawow ekwa Kitimahkisin: Pity and Compassion in Cree Law.” He was awarded the the Beverly McLachlin Legal Access Award in 2019 and the Fasken Martineau DuMoulin LLP Indigenous Entrance Scholarship in 2016. In 2018, Nigel published an article in the University of Toronto Faculty of Law Review titled, “Esdii Wal: Gitxsan Law Grounded in Epistemology.” Nigel worked as a temporary articled student for the Indigenous Community Legal Clinic, which provides legal advice in the areas of criminal law, family law, and civil law, to marginalized people in Vancouver’s Downtown Eastside. Nigel is a recipient of the 2022 Courage in Law from Indigenous Law Students Association, and teaches as an Adjunct professor at the Indigenous Legal Clinic.
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Rodger is an expert in Indigenous engagement and participation in the extractive resource sector. Rodger’s research focus is on agreements between Indigenous people and resource companies with a particular focus on implementation. Rodger holds an Honours degree in Geology and Geography and Master of Philosophy in the field of Indigenous development and mining. For over 25 years Rodger has worked with Indigenous groups and resource companies to promote sustainable social and economic outcomes. He was at the forefront of developing agreements over land access for resource development under the Aboriginal Land Rights Act and Native Title Act.
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Managing Lawyer, White Raven Law, Surrey, BC
Elizabeth is a Managing Lawyer at White Raven Law with an interest in Aboriginal, Indigenous, environmental, constitutional law and eDiscovery. Elizabeth brings extensive professional experience working with Indigenous Nations to her position. Prior to studying law, Elizabeth acted as a Reconciliation Coordinator for the Council of the Haida Nation and was an archaeologist for the Haida Heritage and Forest Guardians. She has also instructed and developed a wide variety of university level courses, which centered on Archaeology and Indigenous issues. Elizabeth acts for the Haida through litigation and other legal strategies to advance their title, rights and interests and advises on governance and land and resource issues. Elizabeth has had the opportunity to work on high-profile litigation for the Haida Nation directed at environmental protection at the BC Supreme Court, BC Court of Appeal, Federal Court of Appeal and the Supreme Court of Canada. Elizabeth practices law because of her dedication to using all available tools to improve Indigenous social justice and to protect the environment from unsustainable practices.
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Regional Lead, Americas and the Caribbean, Initiative for Responsible Mining Assurance (IRMA), BC
Adan serves as IRMA’s lead point of contact for stakeholders and Indigenous rights holders across the Americas. He has over 5 years of both field engineering (open-pit geotechnical, tailings construction, and mine waste reclamation) and continuous improvement experience within the mining industry. With his mining engineering experience and personal connection to Latin America, having been born and raised in Colombia, Adan is passionate about improving socio-environmental issues with respect to mining. Adan holds a degree in Geological Engineering from the University of British Columbia, is a registered member with Engineers and Geoscientists British Columbia, and is currently pursuing a master’s degree at Queen’s University.
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Executive Director & Senior Counsel, West Coast Environmental Law, Vancouver, BC
Jessica Clogg (she/her/hers) is West Coast’s Executive Director and Senior Counsel, and heads up our work on Aboriginal and Natural Resource law. She first joined West Coast in 1995 as a student, and also served as a board member before becoming staff counsel in 1999. Jessica has said that she does the work she does “because she loves the land, and because she believes in justice.” For more than a decade, her work has had a particular focus on providing legal and strategic support to First Nations – working with First Nations leaders and community members to use their own laws as a foundation for powerful strategies to protect the lands and resources of their territories and to catalyze broader shifts in Canadian law. Through the strategic application of constitutional law and Indigenous legal traditions, Jessica ultimately seeks to transform mainstream laws about the land (who controls it and the rights and responsibilities they have) in ways that are more democratic, more sustainable and more just. Jessica holds a joint Masters in Environmental Studies and law degree (MES/LL.B) from York University, where her graduate research focused on “Tenure Reform for Ecologically and Socially Responsible Forest Use in British Columbia.” Before joining West Coast Environmental Law, Jessica worked as a facilitator, popular educator and organizer for a variety of non-profits, at a Vancouver litigation firm, and as a law clerk to the British Columbia Supreme Court.
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Partner, Kāhui Legal, Wellington, New Zealand
Natalie joined KĀHUI LEGAL in July 2014. Prior to joining Kāhui Legal Natalie worked for an iwi organisation, two of New Zealand’s large national law firms, an international human rights organisation and the Auckland University Faculty of Law. Natalie holds honours degrees in Law and Arts (Māori Studies) from the University of Otago. In 2011 Natalie received the Fulbright Nga Pae o te Māramatanga graduate award, the New Zealand Law Foundation Ethel Benjamin Scholarship and a Ngārimu VC and 28th (Maori) Battalion Memorial Masters Scholarship. These awards allowed Natalie to obtain a LLM (Masters of Law) from Harvard University. After completing her masters Natalie returned to New Zealand where she worked as a Law Lecturer at the University of Auckland for two years teaching undergraduate courses at all levels. At KĀHUI LEGAL, Natalie provides advice to clients on public law, commercial matters, the law relating to trusts, Maori land law and Maori, human and indigenous rights. Natalie has assisted on litigation matters ranging from the Maori Land Court through to the Supreme Court.
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Partner, Ratcliff & Company LLP, North Vancouver, BC
Maegen works in litigation, negotiation and law & policy development. She was lead counsel for the plaintiffs in Blueberry River First Nations v. HMTQ (BC) (2021 BCSC), and Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc, et al (BCSC 2022), cases establishing precedents for First Nations protecting rights and Indigenous ways of life against cumulative impacts of development and harms by private parties. She is recognized as one of the leading lawyers in aboriginal and Indigenous law, and is committed to helping clients meet their goals through the best tools available – whether by court action, negotiation or maximizing the tools of self-governance.
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Partner, Ratcliff LLP, Vancouver, BC
Lisa is a leading legal advisor with extensive experience acting in litigation matters on behalf of First Nation clients. With a focus on Aboriginal rights and title, she has led many landmark cases and significant developments which have advanced the rights of Indigenous peoples in British Columbia and beyond. Lisa also holds deep expertise in environmental and natural resources law, regulatory law, constitutional law, First Nations consultation, administrative law, social justice and human rights, self-governance, and employment law. Over her years of practice, Lisa has developed a particular knowledge of fisheries, including DFO management, conservation issues, and, most importantly, the significance of fisheries to many First Nations. Lisa was counsel for environmental organizations at the Cohen Commission of Inquiry into the Decline of Sockeye Salmon, and, has represented First Nations in numerous court actions and negotiations regarding fisheries and Aboriginal fishing rights, including Thomas and Saik’uz First Nation v Rio Tinto Alcan Inc., Ahousaht Indian Band et al. v. Canada, and Squamish Nation v. Minister of Fisheries and Oceans. Lisa is counsel to Ehattesaht First Nation in a judicial review challenging mineral claims in their territory. The petition is being heard together with a similar petition filed by Gitxaała Nation.
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Dean, Faculty of Law, Victoria University of Wellington Te Herenga Waka, Wellington, NZ
Professor Godden's research interests include environmental law, natural resources law (especially water) property law and indigenous peoples' land rights. The impact of her work extends internationally with comparative research on environmental law and sustainability, property law and resource trading regimes, water law resources and Indigenous land rights issues, in countries as diverse as Canada, New Zealand, UK, South Africa, and the Pacific.
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Nuxalk Nation
My English name is Richard John Hall. My Hereditary Chiefs name is Smawn and I am from Nuxalk Nation territories and reside in Bella Coola. My chieftainships lineages come from Kimsquit era; the James Pollard family adopted my grandfather John Hall and he inherited the Chiefs name and lineage. I was born into the lifetime of a fisherman and at 2 years old I lost my biological father to the sea, his fishing days started as mine did with wind sails and hand pull.
In the years of a fisherman, I travelled BC’s west coast as deck hand and commercial salmon fisherman, and did the herring fisherman as deck hand to my best friend Robert Schooner (vessel names: Indian giver and Indian forgiver) and through this era: I witnessed the decline and soon the death of an industry.
Today, I proactively work as National Marine Conservation Area Reserve (NMCAR) feasibility study Steering Committee member. I also sit on the Executive board for the Fisheries Resources Reconciliation Agreement (FRRA) and I am also proactively working on Nuxalk Nation’s marine use plans.
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Manager, Sacred Trust Initiative, Tsleil-Waututh Nation
Erin Hanson works as a Senior Policy Advisor at the Tsleil-Waututh Nation’s Treaty Lands and Resources Department. Her work has a particular focus on matters relating to Tsleil-Waututh laws, jurisdiction, rights and title. She also manages the Sacred Trust Initiative, the Tsleil-Waututh Nation’s response to the Trans Mountain pipeline expansion. The Sacred Trust initiative furthers Tsleil-Waututh’s mandate to restore the health of Burrard Inlet so future generations can thrive. Erin is a settler of European descent who was born and raised in the territories of the Musqueam, Tsleil-Waututh and Squamish peoples.
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Gitxaała Sm’ooygit, Gitxaala Nation, Kitkatla, BC
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Chief Councillor, Gitxaala Nation, Kitkatla, BC
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Professor Jackson has specialized and published widely in the areas of Correctional Law and Penal Policy and Aboriginal and Treaty Rights. He has been involved as a researcher or counsel in many of the Aboriginal rights cases that have come before the Supreme Court of Canada over the past 25 years. He is a Solicitor of the Supreme Court of Judicature (UK), a Member of the Bar of British Columbia, and a Professor of Law at the University of British Columbia. He was appointed Queen's Counsel in 1999. Professor Jackson was co-counsel in the Haida Nation litigation in which the Supreme Court affirmed a Crown duty to consult and accommodate First Nations in relation to resource development decisions affecting lands to which they have asserted Aboriginal rights and title. He was also co-counsel in the Gitksan Wet'suwet'en land claims case, Delgamuukw v. The Attorney-General of British Columbia.
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Nuxalk Nation Spokesperson on Mining, Williams Lake, BC
Jacinda Mack is from the Secwepemc and Nuxalk indigenous peoples, of modern day British Columbia, Canada. She has worked with First Nations communities on the central coast and northern interior of BC as a community organizer, researcher and Self Government Coordinator regarding First Nations territory-related issues. She makes her home in Williams Lake, one of the communities affected by the tailings spill at Mt. Polley which resulted in Canada’s worst mining disaster. Jacinda holds a Master of Arts degree from York University’s Communication & Culture Program, and a Bachelor of Arts from the University of Victoria. Jacinda has recently taken on a new role as coordinator of First Nations Women Advocating for Responsible Mining.
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Independent Contractor, New Hazelton, BC
Tara is from the Lax Ganeda (Frog) Clan of Gitanyow Huwilp of the Gitksan peoples. For more than two decades, Tara has been dedicated to advancing sustainable development and operationalizing free, prior and informed consent for Indigenous peoples. Drawing on her Master’s degree in Political Science and her upbringing in Gitksan Ayookxw (laws), Tara has worked for a number of First Nations governments, academia, the provincial government, philanthropic organizations, and most recently for her own nation Gitanyow as Wilp Sustainability Director. In 2021, Tara established Hlimoo Sustainable Solutions to continue her life’s work as an independent consultant in her homelands of the Gitksan people.
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Lawyer, Nouvet Law Corporation, Victoria, BC
Dominique Nouvet clerked for Justice Ian Binnie at the Supreme Court of Canada in 2000-2001. She has been practising Aboriginal law for 20 years, working with Indigenous nations in BC and New Brunswick, as well as with Inuit in Nunavut. She was a member of the legal team for the Tsilhqot’in Nation in their successful Aboriginal title case at the Supreme Court of Canada and continues to work with them on some of their internal work to implement their laws and policies related to their nen. She helped negotiate the Lake Babine Foundation Agreement, a 20 year reconciliation agreement that provides an alternative to BC treaties, and is now supporting this Nation on Agreement implementation.
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Staff Lawyer & RELAW Manager, West Coast Environmental Law, Vancouver, BC
Rayanna Seymour-Hourie is Anishinaabe from Lake of the Woods in Treaty #3 Territory (Northwestern Ontario). She is staff lawyer at West Coast Environmental Law, where she manages the Revitalizing Indigenous Law for Land, Air and Water or RELAW program.
Rayanna holds knowledge of Anishinaabe Nibi Inaakonigewin (water laws), and how the laws and teachings that water carries can inform humans of their responsibilities to each other, the natural world and spiritual world. For the past five years she has also worked with the Lower Fraser Fisheries Alliance to advance Halkomelem laws related to watershed management and fisheries governance in the lower Fraser watershed. Rayanna’s dream is that all Indigenous nations protect their lands and waters against unwanted development, pollution and outside control with their own Indigenous laws. Today, she is honoured to support and work alongside Indigenous nations in achieving this dream.
Rayanna received her Bachelor of Arts degree in 2015 from the University of Manitoba, and earned her Juris Doctor (law degree) from Robson Hall, University of Manitoba in 2018.
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Retired Senior Counsel, Environmental Law Centre at the University of Victoria, Victoria, BC
Calvin Sandborn has practiced environmental law for over 25 years as counsel for West Coast Environmental Law Association, the Farmworkers Legal Services Project and the Forest Practices Board of British Columbia. He has extensive experience in both environmental litigation and successful lobbying for environmental reform. He was an associate to Commissioner Stephen Owen during the historic Commission on Resources and Environment process.
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President, Nuu-Chan-nulth Tribal Council, Port Alberni, BC
Cloy-e-iis, Judith Sayers, is the President of the Nuu-chah-nulth Tribal Council, Chancellor of Vancouver Island University and an adjunct professor with both the School of Business and Environmental Studies at the University of Victoria. Judith is a prominent Indigenous leader, sustainable development advocate and a passionate educator. She practiced law for 18 years, working in international forums and lobbying governments for the promotion and protection of First Nations rights and titles, and served 14 years as Chief of the Hupacasath First Nation. As Chief, she was instrumental in several sustainable development projects and put mechanisms in place to help protect the territory. Judith is a Member of the Order of Canada, has received the Silver Award from the Canadian Environmental Association for Climate change, has been inducted into the Canadian Council of Aboriginal Business Hall of Fame and has been the recipient of the Bora Laskin Fellowship on Human Rights.
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Senior Director, Regulatory and Indigenous Affairs, Mining Association of Canada, Ottawa, ON
Tara works with members, Indigenous organizations and governments, stakeholders and government decision makers on policy related to Indigenous engagement, wildlife management and biodiversity conservation. She is the policy lead on issues related to the United Nations Declaration on the Rights of Indigenous Peoples and leads MAC’s Indigenous Relations Committee which focuses on matters related to Indigenous participation in mining. She is dedicated to working on species at risk and protected areas related issues and is an active member of the Nature Advisory Committee as well as the Canadian Environmental Domestic Advisory Group. Tara is also a member of the Centre for Land Conservation’s Board of Directors.
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Christy leads the Indigenous Engagement and Human Environment Practice Area for Falkirk, is a member of the K’ómoks First Nation and a highly skilled and accomplished professional with 25 years of proven expertise. Her work is deeply rooted in reconciliation and decolonizing the approach to ways of doing business. She specializes in developing long lasting relations, consultation and engagement, socio-economic reporting and management plans that accompany permits, and the Environmental Assessment process. Christy has experience in negotiations, strategic planning, risk assessments, facilitation, and mediation. She is recognized for her professional and personal understanding of Indigenous worldviews.
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Staff Lawyer, West Coast Environmental Law, Smithers, BC
Gavin joined West Coast Environmental Law in 2013 to lead the organization’s efforts to stop the Enbridge Northern Gateway pipelines and tankers proposal. His work focused on supporting Indigenous Nations that had applied their own laws to prohibit the project in their territories, and included acting as counsel in a successful legal challenge to the federal government’s approval of Northern Gateway.Since then, Gavin has worked on an array of issues at West Coast, including securing the federal Oil Tanker Moratorium Act for the north coast of BC, passage and implementation of BC’s new Environmental Assessment Act, advancing mineral tenure reform, and supporting the work of a number of Indigenous Nations revitalizing their own laws through the RELAW program. Along with Lisa Fong, QC, Gavin acts as co-counsel in the Gitxaała Nation’s ongoing judicial review of provincial mineral claims, which inter alia seeks relief under the Declaration on the Rights of Indigenous Peoples Act.
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Associate, Ng Ariss Fong, Vancouver, BC
Ruben believes in the law as an instrument of positive social change. His practice reflects this belief. He maintains a busy administrative, environmental, and Aboriginal law practice. Ruben has worked with Indigenous clients to prepare evidence for regulatory proceedings, human rights tribunals, and court. He has extensive experience drafting submissions to tribunals and courts. He regularly advises both First Nations clients and professional regulators on issues ranging from employment matters and contracts to bylaw enforcement. He has appeared at all levels of BC court, and recently acted for Heiltsuk First Nation at the Ontario Court of Appeal, intervening on the issue of aboriginal title to submerged lands. Outside of work, Ruben is a member of the CBA – Environmental Law Section, and sits on the board of the non-profit Action Committee of People With Disabilities. When he is not working or volunteering, Ruben likes to eat popcorn while watching esoteric movies, preferably with his cat near or on him.
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Founding Partner, Olthuis Kleer Townshend LLP, Toronto, ON
Roger Townshend has practised Aboriginal rights, constitutional, human rights, and administrative law. At present he primarily litigates land claims for First Nations, and is lead counsel in a lengthy trial involving a claim to Aboriginal title to portions of the beds of the Great Lakes, and involving a challenge to a treaty. He has appeared in Court and advised on numerous cases relating to Aboriginal title and other Aboriginal rights and treaty rights, and relating to the duty to consult and accommodate Aboriginal peoples.
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Stewardship Advisor, Citxw Nlaka’pamux Assembly, Spences Bridge, BC
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Principal, Material Efficiency Research Group (MERG), Ottawa, ON
Since 1990 Alan has worked as a facilitator and strategist for a wide range of conservation groups, Indigenous organizations, communities, foundations, progressive companies, and governments across Canada and internationally. His primary focus has been on designing and helping to implement social and environmental sustainability and leadership strategies. His work has included projects throughout North America, Latin America, Europe and Nordic nations. Alan has expertise in cross sector collaboration design and facilitation, non-profit organizational resilience, ethical practices certification programs in the forestry and mining sectors, large-scale conservation strategy development, as well as various legislative reform processes in the extractive sectors. His professional passion is for accelerating transformative strategies towards a prosperous, equitable, zero waste, low carbon future. He has served on a variety of nonprofit boards. He served as Chairperson of the International Institute for Sustainable Development (www.iisd.org) from 2015-2021, is currently Chair of the Centre for Science in Public Participation (www.csp2.org), Board member of the Initiative for Responsible Mining Assurance (www.responsiblemining.org), member of Council of Canadian Academy's Expert Panel on Circular Economy in Canada, and is past Chair of the Forest Stewardship Council of Canada.
Registration Form
Program:
Nothing About Us Without Us: Indigenous Jurisdiction Over Mining and Marine Territories
Date:
October 31 & November 1, 2023
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,395.00 plus GST of $69.75 totalling $1,464.75 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.
Early Bird Discount:
Register by October 3rd, 2023 and receive a $200.00 discount on the registration fee. Discounts cannot be combined.
Group Discount:
Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.
If you would like to register a group, please fill out this form and email it to registrations@pbli.com:
Payment:
You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.
When and Where:
Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.
Materials:
The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.
Cancellations/Transfers:
Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (October 24, 2023). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.
To register by phone:
Telephone us: 604-730-2500
Your Privacy:
We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.
Course Accreditation:
Attendance at this course can be listed for up to 12 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.
If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.