Modern Treaty Training Workshop for Federal Employees


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Full Workshop Proceedings

Wednesday, February 26 2014

PLENARY: Overview of Modern Treaties

What are inherent Aboriginal rights? History of treaty-making in Canada (from the Royal Proclamation forward) Objectives and legal foundations of modern treaties.

PLENARY: Legislation/Precedence of Laws

Legal status of modern treaties and self-government agreements, relationship of laws
Section 35, provisions for status of treaties in legislation, inconsistencies with other legislation.
Honour of the Crown in recognizing treaty rights

APPLIED LEARNING: Modern Treaty Agreements – Applied Scenarios

How 1980 land use planning policies led to plan planning provisions in treaty agreements. Nunavut Tunngavik and Tlicho examples of Land Use Planning.

PLENARY: Implications of Modern Treaties for Federal Departments and Agencies – Part 1

Fundamental objectives of Modern Treaties – stated objectives, implicit objectives (spirit and intent), types of obligations, and how they are defined in treaty agreements

Thursday, February 27, 2014

PLENARY: Consultation in the Modern Treaty Context

  • The common law duty to consult
  • What does the GoC need to consult on and how?
  • Consultation obligations in modern treaties and the legal duty to consult
  • Federal guidelines on consultation and accommodation: considerations & process for determining consultation requirements in the context of modern treaties


PLENARY: Decision-making, Negotiations and Dispute Resolution Processes in Modern Treaty Agreements – Part 1

  • Key elements of the federal treaty relationship How do CLCAs/SGAs change the treaty relationship?
  • General considerations for working with Aboriginal governments/signatory groups
  • How “implementation” negotiations processes work (between signatories and within the federal government) including financial transfer agreement negotiations, implementation planning, mandating, federal approvals/oversight
  • Dispute Resolution – variations between treaties: implementation panels, arbitration processes, mediation.
  • Implications of federal arbitration policy on implementation
  • What happens when dispute resolution mechanisms fail?


APPLIED LEARNING: Decision-making, Negotiations and Dispute Resolution Processes in Modern Treaty Agreements – Part 2


CONCURRENT BREAKOUT A: Land and resource jurisdictions – who owns what, who manages what

  • How do jurisdictions and mandates of Aboriginal groups, Federal/Territorial/Provincial governments, resource management boards and private sector interrelate?
  • Key areas of interest for government officials: land access criteria (notification process; consultation and engagement, permitting and land use planning, regulatory regimes); environmental and socio-economic assessment of projects; resource development implications and requirements.
  • Case Studies: Inuvialuit Joint Secretariat, Tlicho Government



  • Government contracting obligations
  • Procurement tools
  • Impact Benefit Agreements – what they are, benefits, examples


PLENARY: Tools and Guidance for Federal Officials

Guides, web-based resources and tools
Implementation Management Framework: components, purpose, presentation at Caucus

APPLIED LEARNING: Best Practices from Departments and Agencies

What departments are doing well, how they can learn from each other.
Departmental policies, guidelines and tools related to modern treaty implementation.
Case studies / brainstorming on resolving horizontal management issues