Government-to-Government Agreements & Implementation 2021

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DescriptionMore DetailAgenda

How do "reconciliation agreements" impact land and water?

(Original Course Date: April 30, 2021)

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Who should attend: lawyers practicing in the area of Aboriginal, corporate, and natural resource 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

How do "reconciliation agreements" change what happens across land- and water-scapes?

There are many government-to-government agreements between Indigenous Nations and the Province of BC. How those agreements are expressed in provincial law, or how they change state law, remains largely a mystery to most communities and lawyers.

We will use case studies, including the Great Bear Rainforest agreements, to explore how the provincial government implements conservation-based reconciliation agreements.

This topic will be of interest to all lawyers who deal with land and water, particularly lawyers practicing Aboriginal and corporate law.

After taking this course, you will be able to:

introduce participants to the motivation for and structure of a range of government-to-government agreements relating to the governance of territories
confirm how those agreements are implemented in both state (provincial and federal) and Indigenous legal processes
identify challenges and opportunities in the implementation of these government-to-government agreements

Law Society of BC CPD Hours: 5.5 hours (this course does not contain professional responsibility and ethics, client care and relations, and/or practice management). Please note: The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.

Course Chairs
Deborah L. Curran — Associate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, University of Victoria, Victoria
Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.

*Last Kick at the Can 2021*
Rebroadcast	$459 $375
Rebroadcast Articled Student	$229.50 $187.50
Are you an Indigenous lawyer or community member? Click here for special pricing. Do you need financial assistance? Click here for bursary information. Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials.

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

About the Course Chairs
Deborah Curran is an Associate Professor at the University of Victoria in the Faculty of Law and School of Environmental Studies (Faculty of Social Sciences), and the Executive Director of the Environmental Law Centre where she works with students on environmental law projects for community organizations and First Nations across BC. Deborah's work is in the areas of land and water law, with a particular focus on environmental protection and collaborative management in water law, municipal sustainability, which include healthy foodscapes, and how Indigenous law is shaping colonial law. Deborah also teaches a national field course in Environmental Law and Sustainability from the Bamfield Marine Sciences Centre with the support of the Huu-ay-aht First Nation.

A citizen of the Haida Nation and also its General Counsel, Terri-Lynn Williams-Davidson has practiced in the area of Aboriginal-environmental law since she was called to the BC bar in 1996. She holds two degrees from UBC: Bachelor of Laws, 1995; and Bachelor of Science (Computer Science), 1990, and is currently pursuing a Master of Laws.

Since 1995 she has represented the Haida Nation at all levels of court, including the Supreme Court of Canada in litigation to protect the old-growth forests of Haida Gwaii, the Haida Nation's TFL39 Case, the leading case on consultation and accommodation of Aboriginal Rights. She is also counsel for the Haida Nation's Aboriginal title case (launched in 2002), as well as the related reconciliation negotiations—which have resulted in innovative interim agreements with BC and Canada—and other litigation such as that challenging the Enbridge Northern Gateway Project.

Terri-Lynn has published widely and lectures internationally in Aboriginal law. In the past, she served as founding Executive Director of the national charity EAGLE (Environmental-Aboriginal Guardianship through Law and Education), as an Advisory Council member for the Vancouver Foundation's Environment Program, as a juror for the Ecotrust (US) Buffet Award for Indigenous Leadership, on the board of Ecotrust Canada and Earthlife Canada Foundation (Gowgaia Institute). Terri-Lynn is currently a board member of the Haida Gwaii Singers Society and an Honourary Director of the national environmental charity Ecojustice. In 2014, she received West Coast Environmental Law Peoples' Choice Andrew Thompson Award for environmental advocacy.

Planning Committee
Elizabeth Bulbrook — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey
Nigel Grenier — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Faculty
Jason Gaagwiis Alsop — President, Haida Nation, Haida Gwaii
Becky Black — Ministry of Attorney General, Victoria
Kelly Brown — Director, Heiltsuk Integrated Resource Management Department, Heiltsuk First Nation, Bella Bella
Brenda Gaertner — Mandell Pinder LLP, Vancouver
Ernie Nang Kaa Klaagangs Gladstone — Field Unit Superintendent, Gwaii Haanas,
Parks Canada, Skidegate
Nigel Grenier — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey
Geraldine Hutchings — Ministry of Attorney General, Victoria
Tara Marsden — Wilp Sustainability Director, Gitanyow Hereditary Chiefs, Kitwanga
Tom McCarthy — Division Chief Negotiator, Ministry of Indigenous Relations & Reconciliation, Victoria
David Ranson — Executive Director, BC Parks Provincial Services Branch, Ministry of Environment, Victoria
Roger Ritsema — Acting Regional Negotiator, Skeena, Ministry of Indigenous Relations & Reconciliation, Smithers
Jeff Sheldrake — Executive Director, Regional Operations – Coast Region, Ministry of Forests, Lands and Natural Resource Operations and Rural Development, Victoria
Chief Gagvi Marilyn Slett — Chair of Coastal First Nations, Chief Councillor, Heiltsuk First Nation, Bella Bella
Kelly Speck — Elected Councillor, 'Namgis First Nation, Alert Bay
Derek Thompson — Former Chair, Haida Gwaii Management Council, Haida Nation, Victoria

Course Materials Author
Trevor Ginn wadluu un uula isdlaa ayaagang Russ — Vice President, Haida Nation, Haida Gwaii

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Deborah L. Curran — Associate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, University of Victoria, Victoria
Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Haida Gwaii (9:10 – 10:10)

Moderator: Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Introduction and overview: examining the interim joint exercise of jurisdiction on Haida Gwaii

Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Collaborative management with Canada: Gwaii Haanas Haida Heritage Site and National Park Reserve Archipelago Management Board: history and overview

- marine spatial planning
- successes and challenges

Jason Gaagwiis Alsop — President, Haida Nation, Haida Gwaii
Ernie Nang Kaa Klaagangs Gladstone — Field Unit Superintendent, Gwaii Haanas, Parks Canada Field Unit Office, Skidegate

BREAK (10:10 – 10:25)

Haida Gwaii (10:25 – 11:25)

Moderator: Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Collaborative management with BC
Haida Gwaii Management Council: structure and accomplishments

- solutions table: process and challenges
- marine spatial planning

Derek Thompson — Former Chair, Haida Gwaii Management Council, Haida Nation, Victoria

BREAK (11:25 – 11:40)

Provincial Perspective: BC's Approach to Government-to-Government Agreements (11:40 – 11:55)

Becky Black — Ministry of Attorney General, Victoria
Tom McCarthy — Division Chief Negotiator, Ministry of Indigenous Relations & Reconciliation, Victoria

LUNCH (11:55 – 12:25)

Gitanyow Hereditary Chiefs (12:25 – 1:15)

Moderator: Nigel Grenier — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

introduction and overview
the land use plan as establishing ecosystem-based standards for activities in Gitanyow territory
land use plan implementation
- ecological standards
- shaping forestry
questions & discussion

Tara Marsden — Wilp Sustainability Director, Gitanyow Hereditary Chiefs, Kitwanga
Roger Ritsema — Acting Regional Negotiator, Skeena, Ministry of Indigenous Relations & Reconciliation, Smithers

BREAK (1:15 – 1:30)

Great Bear Rainforest (1:30 – 2:45)

Moderator: Deborah L. Curran — Associate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, University of Victoria, Victoria

how the Nations' governance vision is transformed into ecological standards and funding for a conservation economy
introduction and overview

Chief Gagvi Marilyn Slett — Chair of Coastal First Nations, Chief Councillor, Heiltsuk First Nation, Bella Bella
Kelly Brown — Director, Heiltsuk Integrated Resource Management Department, Heiltsuk First Nation, Bella Bella

new and developing forms of protected areas

David Ranson — Executive Director, BC Parks Provincial Services Branch, Ministry of Environment, Victoria

forestry elements of the GBR agreements

Jeff Sheldrake — Executive Director, Regional Operations – Coast Region, Ministry of Forests, Lands and Natural Resource Operations and Rural Development, Victoria

Questions & Discussion

BREAK (2:45 – 3:00)

The Broughton Archipelago (3:00 – 4:00)

Moderator: Deborah L. Curran — Associate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, University of Victoria, Victoria

Broughton Archipelago consensus recommendations for fish farms

Brenda Gaertner — Mandell Pinder LLP, Vancouver
Geraldine Hutchings — Ministry of Attorney General, Victoria
Kelly Speck — Elected Councillor, 'Namgis First Nation, Alert Bay

BREAK (4:00 – 4:15)

Discussion: Breakout Groups (4:15 – 4:45)
Participants join breakout groups to discuss case studies with presenters

Haida Gwaii

Moderator: Terri-Lynn gid7ahl-gudsllaay lalaxaaygans Williams-Davidson — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Great Bear Rainforest

Moderator: Deborah L. Curran — Associate Professor, Faculty of Law and School of Environmental Studies, Executive Director, Environmental Law Centre, University of Victoria, Victoria

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Government-to-Government Agreements & Implementation 2021

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