Aboriginal Law Conference 2025: Weaving the Golden Thread

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Recognition of Indigenous Legal Orders and Renewal of Self-Governance

—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 2026
Friday, March 6, 2026

(Original course date: November 28, 2025)

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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

Indigenous peoples have governed their nations through their own legal orders since time immemorial.

Bringing leading Aboriginal law practitioners and academics to address current and emerging issues with a focus on BC, this conference examines how those orders are being recognized within Canada's evolving legal and constitutional framework. From jurisdictional gaps and co-governance arrangements to title litigation, judicial notice, and Indigenous-led conflict resolution, we will take stock of the current landscape while charting pathways forward.

At the heart of our conversations lies the golden thread: the continuity of Indigenous law and governance, and its central place in Canada's legal future.

Law Society of BC CPD Hours: 6 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
Jeffrey R. Nicholls — Ratcliff LLP, North Vancouver
Melinda J. Skeels — Ratcliff LLP, North Vancouver

Jump Start 2026	EARLY BIRD Register by Feb. 2/26	Regular Price After Feb. 2/26
Rebroadcast	$509	$579
Rebroadcast Articled Student	$289	$289

Are you a member of the Indigenous legal community (lawyer/Articled Student/legal support staff/paralegal) or a non-lawyer Indigenous 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/Articled Students/legal support staff/paralegals and a limited number of free online registrations to non-lawyer Indigenous community members. (*discount applies to Regular prices, not Early Bird prices). Please contact Customer Service to find out more.

Unable to attend a course without financial assistance from CLEBC?
Click here for bursary information.

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Registration includes an electronic copy of the reference materials.

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

Course Chairs
Jeffrey R. Nicholls — Ratcliff LLP, North Vancouver
Melinda J. Skeels — Ratcliff LLP, North Vancouver

About the Course Chairs
Jeffrey Nicholls is a member of the Lax Kw'alaams First Nation and works as a lawyer with Ratcliff LLP supporting Indigenous Peoples in litigation, negotiation, and law and policy development. He has appeared before the Supreme Court of Canada and other courts on matters related to First Nations government.

Jeff enjoys teaching and has given lectures on various topics related to Indigenous lawmaking at both UBC's Allard Law School and UVic's Joint Degree Program in Canadian Common Law and Indigenous Legal Orders. He promotes access to justice and environmental justice by volunteering with RAVEN Trust—a charity that raises funds to support First Nations asserting their legal rights in court.

Melinda Skeels is the managing partner at Ratcliff LLP, where she started as an articled student and has practiced ever since. She is an accomplished and dedicated legal advisor to First Nations governments, assisting her clients with governance, litigation and regulatory matters. A key area of this practice is providing governance advice and assisting in the implementation of self-governance through all stages of the development of law and policy. She is committed to engaging closely with client communities to develop laws that reflect their cultures, practices and values.

An experienced litigator and advocate, Melinda has appeared in all three levels of court in BC and before various administrative tribunals. She was counsel on Thomas and Saik'uz First Nation v. Rio Tinto Alcan Inc., which established that Aboriginal rights provide standing to sue in tort.

Melinda serves as treasurer of the board of CELL—the Pacific Centre for Environmental Law and Litigation and is past director and board president of the Georgia Strait Alliance.

Welcome
Elder Syex̱wáliya Ann Whonnock — Skwxwú7mesh Uxwumixw (Squamish Nation), North Vancouver

Syex̱wáliya Ann Whonnock is a Knowledge Carrier & Elder from Squamish Nation with strong Indigenous worldviews, ancestral knowledge, and traditional teachings.

Luncheon Speaker
Kwuntiltunaat, Kim Baird — Chief Administrative Officer, Tsawwassen First Nation, Tsawwassen

Kim Baird is the Chief Administrative Officer (CAO) for Tsawwassen First Nation and a former Chief who played a pivotal role as Chief Negotiator in securing the Tsawwassen Treaty, which came into force in 2009. This groundbreaking agreement is one of Canada's first urban modern treaties and has become a model for reshaping relationships between Indigenous nations and the Crown. As a leader who has guided the transition from negotiation to the implementation of the Tsawwassen Treaty, Kim has over a decade of post-treaty experience, providing her with unique insights into the complexities of treaty implementation, federal engagement, and governance.

Beyond her role at Tsawwassen First Nation, Kim advises Indigenous communities, governments, businesses, and other organizations on Indigenous matters through her company, Kim Baird Strategic Consulting. She is committed to improving the quality of life for Indigenous people, offering expertise in First Nation policy, governance, economic development, and consultation. In BC, where First Nations are recognized as rights holders, not stakeholders, Kim underscores that building strong, respectful relationships with Indigenous communities is essential for any business or government operation. This is especially crucial in the context of reconciliation and engagement in a province where Indigenous rights are constitutionally protected.

Kim is the Chancellor of Kwantlen Polytechnic University and serves on several boards, including the Canada Infrastructure Bank and FPX Nickel. Recognized for her negotiation, communication, and facilitation skills, she is a sought-after public speaker. Kim's leadership and contributions have earned her numerous accolades, including membership in both the Order of BC and the Order of Canada, an Indspire Laureate award, and the Institute of Corporate Directors designation.

Faculty
Neegann Aaswaakshin — Director of Reconciliation and In-house Legal Counsel, Lax Kw'alaams First Nation, Lax Kw'alaams
Michelle L. Bradley — Woodward & Company Lawyers LLP, Victoria
Mary N. Childs, KC — General Counsel, Tsawwassen First Nation, Tsawwassen
Katie Fraser — Senior Negotiator for Nän Käk (Land and Environment), Tr'ondëk Hwëch’in Government, Dawson City
Ewa Holender — Ratcliff LLP, North Vancouver
Ava G. Murphy — Woodward & Company Lawyers LLP, Victoria
Dr. Millie Nickason, PhD, MPA — Barrister & Solicitor, Nanaimo
Lou Poskitt — Cooperwilliams Truman & Ito LLP, Vancouver
Josh Regnier — MLT Aikins LLP, Vancouver
Amitpal C. Singh — Harvard Law School, Cambridge, Massachusetts
Natalia Sudeyko — Ratcliff LLP, North Vancouver
Megan Vis-Dunbar — Director, Reconciling Crown Legal Frameworks Program, BC Law Institute, Vancouver

Course Materials Contributors
Gregory G. Blue, KC — BC Law Institute, Vancouver
Alexis Giannelia — Woodward & Company Lawyers LLP, Victoria
Paul McCarney — Director, Natural Resources & Heritage, Vuntut Gwitchin First Nation, Old Crow, Yukon
Kaymi Yoon-Maxwell — Ratcliff LLP, North Vancouver

Click here for full faculty bios

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

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Elder Syex̱wáliya Ann Whonnock — Skwxwú7mesh Uxwumixw (Squamish Nation), North Vancouver

Jeffrey R. Nicholls — Ratcliff LLP, North Vancouver
Melinda J. Skeels — Ratcliff LLP, North Vancouver

First Nations as a Third Order of Government in Post-Colonial Canada: Getting There from Here (9:15 – 10:00)

The evolution of our constitutional arrangements can achieve a fair and just reconciliation of the pre-existing sovereignty of First Nations with the assumed sovereignty of the Crown. This paper will present a proposed road map to achieve formal recognition of First Nations, their governments, territories and legal orders in a transformed relationship between First Nations and settler societies. This road map identifies critical building blocks and includes recommendations for specific, concrete, practical measures to build incrementally towards transformative change—for Indigenous nations, the Crown, and for settler society more generally.

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

Jurisdictional Gaps Facing Modern Treaty Nations (10:00 – 10:45)

Are modern treaty nations required to follow BC's new pay transparency legislation, or are they subject to federal employment jurisdiction? The answer is unclear and highlights the jurisdictional ambiguity facing modern treaty nations in many areas of law. This presentation will examine that jurisdictional ambiguity, using employment law as a case study.

the unique jurisdictional gap that modern treaty nations face after removing themselves from the Indian Act
emerging trends in the case law addressing employment jurisdiction in the First Nations context, focusing on cases that have relevance to modern treaty nations
how the general presumption that employment is provincially regulated unless the employment relates to a federal head of power raises interesting considerations in the context of a modern treaty nation or a First Nation with Land Code
practical recommendations for lawyers advising First Nations or employees in this complex and developing area of law

Mary N. Childs, KC — General Counsel, Tsawwassen First Nation, Tsawwassen
Lou Poskitt — Cooperwilliams Truman & Ito LLP, Vancouver
Josh Regnier — MLT Aikins LLP, Vancouver

BREAK (10:45 – 11:00)

Two Visions of Aboriginal Title: Recent Litigation from Coast to Coast (11:00 – 11:45) (virtual presentation)

Recent, high-profile Aboriginal title litigation across Canada, including Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 and Wolastoqey Nations v. New Brunswick and Canada et al., 2024 NBKB 203 sketch two fundamentally different visions of Aboriginal title concerning an issue of growing importance: does Aboriginal title have a private law dimension, such that it can ground property and tort claims against third parties, and not just the Crown? Or is it a purely public law right that can only be asserted against the Crown? This presentation will sketch these cutting-edge doctrinal developments, arguing that they call for a fundamental rethinking of the Supreme Court of Canada's understanding of Aboriginal title.

Amitpal C. Singh — Harvard Law School, Cambridge, Massachusetts

Questions & Discussion (11:45 – 12:00)

LUNCH with Featured Speaker (12:00 – 1:30)

From Litigation and Negotiation to Legislation: Modern Treaties as a New Frontier of Aboriginal Law (12:30 – 1:15)

Kwuntiltunaat, Kim Baird — Chief Administrative Officer, Tsawwassen First Nation, Tsawwassen

Implementing Indigenous Co-Governance—Legal Tools and Practical Approaches (1:30 – 2:15)

Co-governance refers to formal arrangements where decision-making power and responsibility are shared between the Crown and one or more Indigenous partners. It is a key way to further reconciliation and provides a whole host of other benefits. However, it has been challenging to implement in practice, often because of a perceived lack of legal tools. Building on experience advising on the implementation of co-governance in the context of protected areas, education and environmental assessments, this paper will consider practical legal tools and approaches to support co-governance. The presentation will include on the ground insights from a Yukon First Nation striving to implement co-governance.

definitions of co-governance
benefits of co-governance
challenges to implementing co-governance
potential legal tools to implement co-governance
an example of co-governance from the Yukon, including practical lessons learned that may assist in the BC context

Katie Fraser — Senior Negotiator for Nän Käk (Land and Environment), Tr'ondëk Hwëch’in Government, Dawson City (virtual presentation)
Ewa Holender — Ratcliff LLP, North Vancouver

Overcoming Barriers to Accessing the Courts: Judicial Notice in Section 35(1) Litigation (2:15 – 3:00)

This presentation will discuss the courts' use of the important tool of judicial notice when Indigenous peoples are pursuing a court action to uphold their Aboriginal or treaty rights under s. 35(1) of the Constitution Act, 1982.

introduction to the evidentiary and other hurdles faced by Indigenous plaintiffs in Aboriginal and Treaty rights cases and the importance of finding ways to streamline factfinding and further reconciliation
explanation of judicial notice
overview of the evolution of court cases grappling with judicial notice in Aboriginal and treaty rights cases
discussion of the lessons learned from these cases and the path forward

Michelle L. Bradley — Woodward & Company Lawyers LLP, Victoria
Ava G. Murphy — Woodward & Company Lawyers LLP, Victoria

BREAK (3:00 – 3:15)

Supporting a Plurality of Approaches to Conflict Resolution (3:15 – 4:00)

The right to self-determination includes the right of First Nations to control their own laws and associated approaches to conflict resolution in application of those laws. Indigenous-led approaches to conflict resolution are not only an important exercise of these rights, they are also an essential means of addressing the harms caused by the imposition of the Canadian state justice system on Indigenous peoples. Drawing on examples of approaches in other countries, we explore ways of strengthening legal pluralism within Canada through legislative and policy reform. We also explore approaches to vacating jurisdictional space for the operation of First Nations conflict resolution mechanisms with less interference from the Crown justice system.

We will share practical takeaways for how Crown systems could adapt to help strengthen the application of Indigenous laws within the context of conflict resolution.

Megan Vis-Dunbar — Director, Reconciling Crown Legal Frameworks Program, BC Law Institute, Vancouver

Roundtable Discussion (4:00 – 4:30)

Neegann Aaswaakshin — Director of Reconciliation and In-house Legal Counsel, Lax Kw'alaams First Nation, Lax Kw'alaams
Jeffrey R. Nicholls — Ratcliff LLP, North Vancouver
Melinda J. Skeels — Ratcliff LLP, North Vancouver
Natalia Sudeyko — Ratcliff LLP, North Vancouver

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Aboriginal Law Conference 2025: Weaving the Golden Thread

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