Specific Claims 2025
May 7 & 8, 2025 at 9:00AM PDT
Downtown Vancouver and Live Webinar
Specific Claims 2025
May 7 & 8, 2025
Overview
Specific claims arise from Crown failures in respect of the administration of First Nations land and other First Nation assets, and from unfulfilled treaty promises. Resolving these historical grievances is critical to building trust and to improving Crown-First Nations relationships, and to achieving the national project of reconciliation. In addition, the settlement of specific claims brings long-term social and economic benefits to Indigenous communities.
This forum assembles an expert faculty to provide delegates with an update on the progress made in the area of specific claims, including an update on policy and process, negotiations, and the operation of the Specific Claims Tribunal. Decisions and precedent from the Tribunal will be discussed. In addition, faculty will provide delegates with in-depth information and practical advice with respect to researching, preparing and valuing specific claims, and will facilitate discussion on what further steps need to be taken to improve the process and accelerate the resolution of specific claims.
This Forum Will Focus On The Following:
An update from the Tribunal
The latest important caselaw on specific claims
Preparing valuable evidence to support a claim
Negotiation and alternative dispute resolution
Intervenors and additional parties
Managing community communication, voting, and ratification
Receiving settlement funds
Real stories from successful claims
Who Should Attend:
Indigenous leaders, officials, councillors, elders, negotiators, administrators, and advisors
Federal, provincial and municipal government officials and policy advisors
Lawyers practising in the areas of Aboriginal and Indigenous law, administrative law, executives, researchers, consultants and others working in this area
Directors and members of community boards
Agenda
Day One - May 7, 2025
9:00 - Welcome and Introduction by PBLI
9:05 - Chair’s Welcome and Introduction
Cynthia Westaway
First Peoples Law
9:20 - Keynote Address: The Latest from the Specific Claims Tribunal
The Honourable Diane MacDonald
Specific Claims Tribunal
Update on the operation of the Specific Claims Tribunal
Key trends and recurring issues
The Tribunal’s Annual Report
Best practices before the Tribunal, dos and don’ts
10:10 - Questions and Discussion
10:20 - Refreshment Adjournment
10:35 - Caselaw Update
Darwin Hanna
Callison & Hanna Law
Nicole Hajash
Callison & Hanna Law
Recent decisions of the tribunal
11:25 - Questions and Discussion
11:35 - Preparing the Evidence: Part I
Nisha Sikka
First Peoples Law
Dr. Matt Ayre
First Peoples Law
The intersection of legal processes and historical research
Collaboration between lawyers and experts
Process, tips, challenges
Oral history
12:20 - Questions and Discussion
12:30 - Networking Lunch
1:30 - Preparing the Evidence: Part II
Christopher Devlin
Sequoia Legal LLP
Preparing compelling evidence
2:15 - Questions and Discussion
2:25 - Refreshment Adjournment
2:40 - Negotiating a Claim: Pitfalls and Best Practices
Cynthia Westaway
First Peoples Law
Stefan Matiation
Specific Claims Branch
Managing a negotiation
3:30 - Questions and Discussion
3:40 - Alternative Dispute Resolution
The Honourable Harry A. Slade, KC
Mediator
Fostering negotiated settlements: community hearings, case management conferences
Consensus seeking: building trust, identifying central issues of fact and law, listing documents, encouraging dialogue in CMCs
Fairness in advancement of claim and negotiated resolution: agreeing on expert instructions, bifurcating liability and compensation
ADR: informal discussions, mediation, agreements to negotiate
4:30 - Questions and Discussion
4:40 - Chair’s Closing Remarks and Program Concludes for Day One
Day Two - May 8, 2025
9:00 - Chair’s Welcome and Introduction to Day Two
Cynthia Westaway
First Peoples Law
9:10 -Intervenors and Additional Parties
Claire Truesdale
JFK Law LLP
Case law
Preparing compelling applications to intervene/be added as a party
10:00 - Questions and Discussion
10:10 - Refreshment Adjournment
10:30 - After the Compensation Offer is Accepted
Graeme Drew
Drew North Services Inc.
Challenges for the community
Drafting voting guidelines
Managing membership list and meeting thresholds
Communication and ratification
11:20 - Questions and Discussion
11:30 - Networking Lunch
12:30 - Preparing Your Nation for Receipt of Large Settlement Funds
Jack Jamieson
T.E. Wealth
Satvir Gill
Scotia Wealth Management
Sam Shury
First Peoples Law
Preparing your Nation to receive large monetary settlements: governance, trust agreements and financial management
1:40 - Questions and Discussion
2:00 - Refreshment Adjournment
2:20 - A Specific Claims Case Study: Lessons Learned the Hard Way
Chief Calvin Sanderson
Chakastaypasin Band of the Cree Nation
Chief Robert Head
Peter Chapman Band
Chief Calvin Sanderson and Chief Robert Head will share key information for Councils in the aftermath of their recent Land Claims and Agricultural Benefits Settlements
3:30 - Questions and Discussion
3:50 - Chair’s Closing Remarks and Program Concludes
Meet the Chair
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Senior Counsel, First Peoples Law, Ottawa, ON
I was always attracted to law and advocacy as tools to change society for the better. I want to do whatever I can to improve the lives of others. My very early career was as a professional ballet and modern dancer in Winnipeg, Vancouver and New York. Advocating for the dancers and musical artists union led me to law school. I imagined I would be an entertainment lawyer, but I fell in love with public law and human rights. A stint as clerk at the Federal and then Supreme Court lead me to Aboriginal law.
I hold degrees in dance/literature, law and comparative law studying the legal regimes for Indigenous Peoples of New Zealand, Australia, Canada and the US. I am certified by the Law Society of Ontario as an Indigenous Law Specialist and am called to the bar in BC, Man., Sask. Que. and Nunavut. I am fortunate to practice in this area from coast to coast to coast for over 25 years.
I rely on my experience as Senior Counsel at the Aboriginal Affairs, DOJ Canada and as the Director General and Head of Justice Legal Services for Global Affairs. I am happiest advising my amazing clients across Canada in their litigation, negotiations, lawmaking governance and economic ventures. After founding Westaway Law Group, I was delighted to continue this important work with First Peoples Law.
Keynote Speaker
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Member, Specific Claims Tribunal, Ottawa, ON
Justice Diane MacDonald earned her Bachelor of Arts (History) from Simon Fraser University and her Bachelor of Laws from Dalhousie University. After articling with Alexander Holburn Beaudin and Lang in Vancouver she completed a Ph.D. (with distinction) in law and public policy at Northeastern University. Justice MacDonald practiced law for almost 25 years prior to being appointed a Justice of the British Columbia Supreme Court in 2018, sitting in Vancouver. On April 19, 2022, Justice MacDonald was appointed as a part-time member of the Specific Claims Tribunal for a term of five years.
Prior to her judicial appointment, Justice MacDonald’s focus was in the areas of labour law, constitutional law, and human rights. She first practiced with Victory Square Law Office in Vancouver and subsequently with the B.C. Teachers’ Federation as General Counsel. She acted as legal counsel before arbitrators, administrative tribunals, professional disciplinary bodies, and at all levels of court. In 2014, Justice MacDonald acted as counsel before the Supreme Court of Canada on a s. 15 Charter case, successfully arguing for substantive equality for women claiming pregnancy and parental benefits. In 2016, Justice MacDonald again acted as counsel before the Supreme Court of Canada on a successful Charter case. The case involved freedom of association under s. 2(d) of the Charter and government’s duty to consult in good faith.
As a lawyer, Justice MacDonald was a frequent speaker on workplace, human rights, and constitutional issues. She also provided policy advice to provincial and federal task forces on labour law reform. On the Court, Justice MacDonald hears civil, criminal, administrative, and family law disputes. On the Tribunal she adjudicates alleged breaches of the Crown’s legal obligations regarding treaties, reserve lands and resources, and First Nations’ trust funds.
Justice MacDonald has Métis and Scottish ancestry.
Meet the Faculty
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Historian, First Peoples Law, Vancouver, BC
I grew up in northeast England and moved to Canada in 2017 to undertake a postdoctoral position at the Arctic Institute of North America, University of Calgary. During my six-year tenure at UofC I had the opportunity to travel extensively in Nunavut and Yukon Territory, working with Inuit and First Nation partners on historical, environmental and research management projects. It is through these projects and friendships that I began to learn of the historical and persisting injustices faced by Indigenous People.
As a Historical Geographer I have conducted archival research across North America and the United Kingdom and have additional expertise in mapping and spatial analysis. In 2018 I was elected as a fellow of the Royal Canadian Geographical Society in recognition of my work on the British Arctic whaling trade in the Eastern Canadian Arctic. I am also an Adjunct Assistant Professor of History at the University of Victoria.
Within my role at First Peoples Law I conduct archival research, ethnohistorical work and spatial analysis in support of Specific Claims.
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Partner, Sequoia Legal LLP, Victoria, BC
Christopher was one of the founding partners of Devlin Gailus, the predecessor to DGW Law Corporation and the current Sequoia Legal.
Christopher’s practice focuses on Aboriginal and Treaty law on behalf of First Nations, tribal councils, Métis groups and other Indigenous organizations.
Christopher works with Indigenous peoples throughout Canada, as a litigator, negotiator and strategic advisor. He has appeared as counsel at all levels of court, including the Supreme Court of Canada, as well as before administrative tribunals and regulatory panels. He has negotiated multi-party agreements on behalf of Indigenous clients, including specific claim settlements, consultation process agreements and impact benefit agreements.
Christopher is consistently recognized as a leading lawyer in the area of Aboriginal Law by the Canadian Legal Lexpert® Directory, and as an Aboriginal Law “Lawyer of the Year” for Vancouver Island by Best Lawyers.
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Chief Executive Officer, Drew North Services Inc., Vancouver, BC
Drew North Services Inc. (DNS) is a strategic management consulting firm based in Vancouver, Canada. DNS specializes in finding better ways with its clients to solve problems and reach their goals, with specific expertise in elections. Recent assignments have focused almost exclusively on administering fair elections and membership votes for indigenous communities in Western and Northern Canada. Several of these elections and voting events have successfully integrated online voting technology. This work also involves writing, amending, and ratifying custom election codes (laws) following community consultation sessions and member surveys.
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Senior Wealth Advisor, Portfolio Manager, Scotia Wealth Management, Abbotsford, BC
With over 20 years in the investment industry, Satvir believes in goal based financial planning and bringing disciplined investment management solutions to his clients.
Satvir has extensive knowledge not just of investments, but also of the challenges that confront business owners, entrepreneurs, board members and trustees. Satvir serves as a close counsel to his fellow board members and directors of the organizations he has served on. He recognizes that building and managing a business or organization can be all consuming. Accordingly, he is adept at helping leaders create wealth and liquidity outside the company they own or manage.
He is licensed as a Portfolio Manager, has earned his Canadian Investment Manager (CIM) designation – which among other things allows him to provide expertise in money management services to affluent individuals and institutional clients – and is a Fellow of the Canadian Securities Institute (FCSI). The FCSI designation is one of the most respected accreditations in the Canadian financial services industry. A Life Licensed Advisor, Satvir is also highly competent at crafting comprehensive insurance and estate planning solution.
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Peter Chapman Band, James Smith Cree Nation, Melfort, SK
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Chakastaypasin Band, James Smith Cree Nation, Melfort, SK
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Senior Counsel, Callison & Hanna Law, Vancouver, BC
Nicole Hajash rejoined Callison & Hanna in 2021 after practising law on Vancouver Island for 15 years. Her law practice focus is on governance, policy, and economic development. She is a certified mediator and arbitrator and she is also a certified electoral officer who has conducted many First Nations elections and referendums both in person and with digital voting. Nicole practiced law with Callison & Hanna from 2002 to 2005 after graduating from UVIC and UBC with degrees in Arts and Law. Nicole is a director of the Hulitan Family & Community Services Society and is a member of the Da'naxda’xw First Nation which is located on the coast of B.C.
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Founding Partner, Callison & Hanna Law, Vancouver, BC
Darwin Hanna is a founding partner of Callison & Hanna with a focus on comprehensive and specific land claims, self-government, and business law. Darwin graduated from SFU and UBC with degrees in Criminology and Law. He is a member of both the Law Society of British Columbia and the Northwest Territories. For the last 20 years, Darwin has taught First Nations and Economic Development as an Adjunct Professor at UBC’s Allard School of Law and he recently authored Legal Issues on Indigenous Economic Development published by LexisNexis. He was the recipient of the GNWT Premier’s Award for collaboration on the Wildlife Act. Darwin is a member of the Nlaka’pamux Nation from the community of Lytton in the Fraser Canyon of BC.
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Vice President, T.E. Wealth Indigenous Advisory Services, Toronto, ON
Jack is Vice President and co-founder of T.E. Wealth’s dedicated Indigenous Advisory Services practice which has been working with Indigenous Trusts, communities, and organizations from coast to coast to coast for over 25 years. The practice is made up of predominantly Indigenous professionals and provides the necessary advice, methodology and support in an unbiased and objective manner with the ultimate goal of developing the most efficient and cost-effective investment and trust solutions. Such independent support also includes investment policy development, investment manager searches and ongoing performance monitoring.
Jack currently serves on the National Advisory Board for the National Aboriginal Trust Officers Association (NATOA) and is honored to be one of the co-developers and presenters of AFOA Canada’s annual 2-day preconference Trust and Investment workshops which was rolled out back in 2013. He is an Achievement Award recipient of AFOA and has authored a number of articles for the Journal of Aboriginal Management. Prior to joining T.E. Wealth, Jack lead the Investment Advisory practice for Ernst & Young in S.W. Ontario.
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Director General, Specific Claims Branch Crown-Indigenous Relations and Northern Affairs Canada, Gatineau, QC
Stefan Matiation joined the Specific Claim Branch, Crown-Indigenous Relations, in June 2018 as Director General with overall responsibility for the Branch. Stefan has worked on Indigenous issues over the course of much of his career with the federal government, including positions with the Department of Justice, the Privy Council Office and the former Indigenous and Northern Affairs Canada.
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Lawyer, First Peoples Law, Vancouver, BC
I have been passionate about advocating for Indigenous Peoples ever since I had the opportunity to spend time living and working with an Indigenous community in northern Quebec. During my time there, I heard many stories from community members about the importance of protecting the Nation’s right to manage, care for and benefit from their lands and resources. Following on that experience, I focused my studies on the intersection of Indigenous rights and economic development, which led me to the University of Victoria’s joint law and Master’s of Business Administration (JD/MBA) program.
I primarily assist clients with economic development, corporate and commercial, and governance matters. My practice spans a wide variety of industries, with a focus on First Nations land development. I have experience acting for First Nations and Indigenous-owned entities on a range of land development projects in various legislative regimes, both on and off-reserve. I enjoy working with clients to explore creative ways to promote economic development for the benefit of their communities.
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Lawyer, First Peoples Law, Vancouver, BC
At First Peoples Law, Nisha practises in a number of different areas including: Aboriginal rights and title, consultation and accommodation, governance and specific claims. She also practises civil litigation. In addition to working with clients to achieve their goals, she is also committed to trauma-informed lawyering and promoting access to justice. Nisha is currently the Law and Policy Liaison of the Canadian Bar Association’s Aboriginal Law section (BC Branch) and also volunteers at Amici Curiae’s clinics providing free legal assistance to individuals who require support completing their legal forms.
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Mediator, Vancouver, BC
Former Justice Slade attended UBC and was called to the bar in 1974. He was a partner at Ratcliff & Company LLP until 2001. He was designated Queen’s Counsel in 1998. He served as a Justice of the BC Supreme Court, 2001 – 2021 ,and as Chairperson of the Specific Claims Tribunal Canada, 2010 – 2021. Prior to his appointment to the bench in 2001, his primary field of work was the provision of services to Indigenous peoples and organizations. He and members of his firm pioneered the reconciliation of Indigenous interests in land and resources with private interests, and with the powers of municipal and provincial governments. This included the consensual resolution of land use conflicts, and the negotiation and implementation of agreements with corporate participants’ interests. Mr. Slade was co-counsel for interveners in Sparrow, Delgamuukw, and other seminal cases concerned with the definition of Aboriginal rights and the interplay of rights with provincial and federal legislative powers. He was active in advancing Specific Claims, litigation over the loss of reserve lands, and treaty negotiations.
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Partner, JFK Law LLP, Vancouver, BC
Claire practices Aboriginal, environmental and constitutional law at JFK’s Vancouver office with a focus on litigation, modern treaty negotiation and Indian registration (Indian status). She is passionate about pushing the law for greater recognition of Indigenous rights and self-determination while offering her clients the practical advice they need to face immediate legal challenges.
Claire advises Indigenous governments and individuals on a variety of legal issues. She has particular expertise in fisheries, water rights and governance, legal interests in reserve land and land management, Indigenous membership or citizenship, and Indian registration (status). She also advises First Nations on these issues in modern treaty negotiations. Claire was initially drawn to working for Indigenous peoples through studying natural resource management and the conflict between Indigenous and non-Indigenous fishers on the Fraser River. She brings this interest in ecology and natural resource management to her legal practice.
Claire assists her clients in seeking justice through the courts in judicial review, trial and appeal proceedings on matters of Aboriginal and treaty rights, consultation and accommodation, Charter rights and disputes under the Indian Act. She has appeared at the British Columbia Supreme Court, British Columbia Court of Appeal, Alberta Court of King’s Bench, Alberta Court of Appeal, Saskatchewan Court of King’s Bench, Federal Court and Supreme Court of Canada.
Registration Form
Program:
Specific Claims 2025
Date:
May 7 & 8, 2025
Location:
UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC
Registration:
The registration fee is $1,465.00 plus GST of $73.25 totaling $1,538.25 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 April 7, 2025 and receive a $200 discount on the registration fee ($1,265.00 plus GST). 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, Mastercard 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 (April 30, 2025). 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:
Course Accreditation: Attendance at this course can be listed for up to 11.3 hours of continuing professional development credits with the Law Societies of BC and Ontario. 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.