Welcome and Land Acknowledgement (9:00 – 9:10)
Adam Munnings — Munnings Law, West Vancouver
Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Separation of Business and Governance (9:10 – 9:40)
- importance of building good governance and community support for your economic development
- fiduciary duty to nation
- Harvard project, business charters, and the relationship between the business and the Nation
Darrin P. Mah — Munnings Law, West Vancouver
Structuring Businesses: Practice, Ethics, and Client Relations (9:40 – 10:10)
- review of legal business entity options (GP, LP, C Corp, Society, etc.)
- legal issues related to First Nations' capacity to hold different kinds of property, including shares in a company
- harmonizing and managing diversifying interests (i.e., multiple businesses, owners, partnerships) through economic development structures
Darren Haines — Ratcliff LLP, North Vancouver
Arseniy Shchedrinskiy, CPA, CFF — Ratcliff LLP, North Vancouver
First Nations Municipal Relations (10:10 - 10:40)
- municipal services: sewer, water, and fire
- negotiating MTSA (Municipal Type Service Agreement)
Speaker TBA
BREAK (10:40 – 10:55)
Real Estate Development on Reserve Lands (10:55 – 11:25)
Saul B. Joseph — Clark Wilson LLP, Vancouver
Sustainable Development and Indigenous Lands Governance (11:25 – 11:50)
Stephen McGlenn — Director of Lands & Natural Resources Governance/EOC Director, Leq’á:mel First Nation, Deroche
Economic Development in the Modern Treaty Context (11:50 – 12:20)
- brief overview of the Tsawwassen model of self-government
- how does the Tsawwassen Treaty's concurrent law model shape economic development?
- economic development by TFN—structures and processes
- economic development by TFN Members and Member-owned businesses—what does TFN do to support?
- some thoughts about the future of economic development at TFN
Mary N. Childs — General Counsel, Tsawwassen First Nation, Tsawwassen
LUNCH (12:20 – 1:00)
Aboriginal Title vs. Fee Simple (1:00 – 1:30)
- post-colonial Indigenous governance and economic development based on inter-cultural legal pluralism
- the relationship between Aboriginal title and fee simple title, addressing critical questions for inter-governmental and business relationships between First Nations and settler communities in BC
- the law in Canada recognizes that Indigenous legal orders determine the nature, scope and ownership of Aboriginal title, and that Canadian courts must give equal weight to Indigenous law and the common law when determining competing claims to lands and resources
- the co-existence of Aboriginal title and fee simple title reflects the presence of inter-cultural legal pluralism in Canada: an important component of our 21st century economic, social, political, and geographic reality
- understanding the nature and legal bases of these types of title can support the transition to mutually beneficial and more sustainable post-colonial inter-governmental and business relationships
Dr. Millie Nickason, PhD, MPA, LLB — Barrister & Solicitor, Nanaimo
DRIPA Opportunities: Drafting Consent Based Agreements Under DRIPA (1:30 – 2:10)
- s. 7 of DRIPA has created space for the Province and Indigenous governing bodies to enter into agreements that recognize Indigenous decision-making
- important considerations for the negotiation of these agreements will be discussed, including:
- the role of industry in consent-based decision-making processes
- issues of procedural fairness and transparency in relation to proponents
- the use and protection of confidential Indigenous knowledge
- enforcement mechanisms
Rosanne M. Kyle — Mandell Pinder LLP, Vancouver
Virginia C. Mathers — Mandell Pinder LLP, Vancouver
BREAK (2:10 – 2:25)
Implementation of Indigenous Forestry Rights (2:25 – 2:55)
- the forestry landscape in BC is evolving
- well-positioned Indigenous communities can work in this changing landscape to ensure the implementation of Indigenous stewardship and economic rights
Speaker TBA
Dispute Resolution in the Context of Treaty and Reconciliation Agreements (2:55 – 3:55)
- reading between the lines—what's not in your ADR clause
David Luggi — Researcher, Negotiator and Former Tribal Chief of Carrier Sekani Tribal Council
Robin Phillips — JFK Law LLP, Victoria
Sharon Sutherland — Executive Director, Mediate BC, Delta
Erin Thomson-Leach — JFK Law LLP, Victoria
Closing Remarks (3:55 – 4:00)
Adam Munnings — Munnings Law, West Vancouver