Aboriginal Law Conference 2023: Self-determination and Self-governance

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Your essential yearly update

—Rebroadcasts—
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.

Jump Start on CPD 2024
Thursday, March 7, 2024

(Original Course Date: November 24, 2023)

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Who should attend: Lawyers practicing in the area of Aboriginal law, in private practice, industry, and government; others who focus on Aboriginal law issues will also benefit, including Indigenous organizations, in-house counsel, and law students

Learning level: All levels

This year we will bring together leading Aboriginal law practitioners to speak on the theme of self-determination and self-governance. We will explore the legal and practical implications of current developments affecting Indigenous Peoples, governments, and industry.

We are pleased to have with us the Honourable Senator Michèle Audette, who will be joined by Darius Bossé, to speak on Strengthening the Indigenous Languages Act.

Other topics will include Indigenous Water Rights and Protected and Conserved Areas, Indigenous and Settler Governments and Legal Systems, Community Lawmaking and Indigenous Children and Families, and an exploration of the rise of "Métis Denialism."

We look forward to having you with us.

Law Society of BC CPD Hours: 6.5 hours (this course will contain a minimum of 1 hour pertaining to professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

Jump Start 2024	EARLY BIRD Register by Feb. 5/24	Regular Price After Feb. 5/24
Rebroadcast	$481	$550
Rebroadcast Articled Student	$275	$275

Are you an Indigenous lawyer or community member?
We value your contributions and encourage your participation in all of our programs. To increase accessibility, we offer a 50% discount to all Indigenous lawyers and a limited number of free online registrations to non-lawyer Indigenous community members. Please contact Customer Service to find out more.

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CLEBC Program Lawyer*
Teresa Sheward
tsheward@cle.bc.ca
*non-practising

Course Chairs
Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

About the Course Chairs
Rosanne Kyle has been a trusted advisor to Indigenous clients for almost 30 years, representing First Nations in litigation, negotiations, regulatory processes for resource development projects, and consultation processes. It has been her privilege to work collaboratively with her clients to help achieve reconciliation of their section 35 rights.

Rosanne has been recognized as a leading lawyer in the Aboriginal law field in the Canadian Legal Lexpert Directory, Best Lawyers in Canada, the Doyle Guide, and Chambers Canada. In 2022, Canadian Lawyer named Rosanne in its list of the Top 25 Most Influential Lawyers 2022. She was also asked to become a "Woman for Nature" with Nature Canada, in recognition of her work in the Aboriginal and environmental law fields.

Rosanne has been counsel to First Nations before regulatory bodies such as the National Energy Board and environmental assessment panels and represents First Nations in reconciliation agreement and treaty negotiations and implementation matters.

Stephen Mussell is Michif (Métis) and a citizen of the Manitoba Métis Federation. His mother's family hails from mikisiw wacîhk (the Eagle Hills), Duck Lake, and northeastern BC (Pouce Coupe/Progress). His father's family hails from the historic Métis community located in the Red River Valley, Manitoba.

Stephen is committed to using his western legal education and his belief in the inherent weight and force of Indigenous legal orders to bring about transformational change. His practice focuses on advancing the legal rights of Indigenous peoples and supporting Indigenous peoples in exercising their right to self-determination. Stephen is driven by a desire to continue the good work of those who came before him, and to leave a better world for future generations.

Welcome
Elder Xwechtaal Dennis Joseph — Squamish Nation

Xwechtaal (kwitchtall) is an Elder Statesman from the Squamish Nation, where he worked for 40 years and served 28 consecutive years on Chiefs and Council. A founding volunteer member of Squamish Nation Peacekeepers where their mandate was to observe, record and report. The Peacekeepers worked with local police detachments to keep their communities safe. Dennis has a deep commitment to his community, his culture, his family and he is an ambassador for Squamish Nation. Dennis is a visionary and has been taught from his youth by his parents, his aunts, uncles and his grandparents to always look ahead and work for generations that will come behind him. After spending 28 years in his political career he now works to educate others on who we are, what we have lived, how to make changes and work as allies in this world as indigenous people. Dennis also has five national championships in lacrosse and continues to be a contributor to the sport as a teacher.

Faculty
Deborah L. Curran — Professor, Faculty of Law and School of Environmental Studies; Executive Director, Environmental Law Centre, UVic, Victoria
Kate Gunn — First Peoples Law LLP, Vancouver
Nick Leeson — Woodward & Company Lawyers LLP, Victoria
Dr. Millie Nickason, PhD, MPA — Barrister & Solicitor, Nanaimo
Jacqueline Ohayon — LL.M. Candidate, UVic, Victoria
Crystal Reeves — Mandell Pinder LLP, Vancouver
Charlotte Weston — Student, Peter A. Allard School of Law, UBC, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:15)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Elder Dennis Joseph — Squamish Nation
Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

Uncharted Waters: Indigenous Rights and Marine Spaces in Canada (9:15 – 9:55)

the status of the law in Canada regarding Indigenous rights and marine spaces
recent decisions in Ontario and BC on the issue of Aboriginal title and submerged lands
opportunities to address challenges and uncertainties associated with the recognition of Indigenous rights to coastal areas and other marine spaces

Kate Gunn — First Peoples Law LLP, Vancouver

Indigenous Water: Relationships, Responsibilities, and Rights (9:55 – 10:35)

public expressions of Indigenous water laws—declarations and standards
exercising relationships with and responsibilities to water within territories—new legal processes
Water Sustainability Plans as one expression of water reconciliation
case law influencing new approaches

Deborah L. Curran — Professor, Faculty of Law and School of Environmental Studies; Executive Director, Environmental Law Centre, UVic, Victoria

BREAK (10:35 – 10:50)

Harnessing the Power of Indigenous Protected and Conserved Areas (IPCAs): A New Dawn in Reconciliation and Conservation (10:50 – 11:30)

compare and contrast settler/colonial conservation models with IPCAs, with a focus on how Indigenous sovereignty, governance and authorities are addressed in each approach
discuss financial mechanisms for ensuring the long-term sustainability of IPCAs, highlighting NWT IPCAs and the recent NWT PFP model as a landmark in Indigenous-led conservation
highlight key challenges and opportunities, including Canada's 30% by 2030 goal, and the revolutionary impact IPCAs are having on governance, stewardship and reconciliation in conservation

Nick Leeson — Woodward & Company Lawyers LLP, Victoria (presenting remotely)
Jacqueline Ohayon — LL.M. Candidate, UVic, Victoria

Questions & Discussion (11:30 – 11:45)

LUNCH (11:45 – 1:15)

Indigenous Self-determination and Governance: What's Legitimacy Got to Do with It? (1:15 – 1:55)

to give effect to Indigenous rights of self-government and self-determination in Canada, genuine recognition of Indigenous governments, jurisdictions, and legal orders is required
this requires significant changes to Indigenous-settler relations and institutions
legitimacy is critical to the effective functioning of governments and legal systems, particularly when societies are facing significant changes with uncertain outcomes
this presentation will examine the nature and importance of legitimacy for governments and legal systems, including the cross-cultural differences and similarities in Indigenous and settler conceptions of legitimacy within the Canadian context
the analysis also identifies the factors that build or undermine legitimacy in governments and legal systems, for Indigenous and settler societies in Canada
it offers useful insights into how we can build legitimacy within our own communities and negotiating teams, and recognize the legitimacy of each other

Dr. Millie Nickason, PhD, MPA — Barrister & Solicitor, Nanaimo

Indigenous Children and Families: Community Lawmaking and Child and Family Services (1:55 – 3:05)

community lawmaking and child and family services

Charlotte Weston — Student, Peter A. Allard School of Law, UBC, Vancouver

Indigenous laws and governance and the implementation of jurisdiction over child and family service
opportunities and challenges to the exercise of jurisdiction and self-governance

Crystal Reeves — Mandell Pinder LLP, Vancouver

BREAK (3:05 – 3:20)

R. v. Powley, Indigenous Self-determination, and the Rise of "Métis Denialism" (3:20 – 4:00)

the content, effect, use, and enduring impact of R v. Powley
the rise of Métis denialism and the implications of a colonial legal approach to rights recognition
current conflict and the case for a human rights-based approach to resolution and reconciliation between First Nations and Métis

Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver

Roundtable Discussion: Self-determination and Self-governance (4:00 – 4:30)

interconnections: how does it all link together?
how does development of law support forward movement?

Rosanne M. Kyle, KC — Mandell Pinder LLP, Vancouver
Stephen Mussell — Mandell Pinder LLP, oskana ka-asastēki (Regina) & Vancouver
Dr. Millie Nickason, PhD, MPA — Barrister & Solicitor, Nanaimo
Jacqueline Ohayon — LL.M. Candidate, UVic, Victoria

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