Modern Treaties and Reconciliation Conference 2020

Making Modern Treaties Work

Proceedings and Presentations – 2020

Breakout Sessions

Plenary Sessions

Welcome and Prayers

 

BREAK-OUT SESSIONS – Tuesday, February 11
TIMESLOT 1:  1:15-2:45 PM

 

SESSION 1A: Teaching our Citizens about the Treaties

This session explores approaches to communications and awareness-building about modern treaties, with a focus on educating our communities. It will include a discussion of communications tools and share a number of experiences, lessons learned and best practices.

 

Moderator:

Dana Tizya-Tramm, Chief, Vuntut Gwitchin Government

Speakers:

Sashia Leung, Associate Director, BC Treaty Commission
Kluane Adamek, AFN Regional Chief, Yukon
Bobby Clark, Director of Communications and Inter-Governmental Relations, Nisga’a Lisims Government
Monica Pishew, Research Assistant, Modern Treaty Implementation Research Project
Stephanie Irlbacher-Fox, Principal Investigator, Modern Treaty Implementation Research Project

 

Proceedings

Breakout 1A – Teaching Our Citizens About The Treaties

 

Presentations

B01A – Teaching Our Citizens – Monica Pishew

SESSION 1B: Self-Government

Dive deep into self-government agreements and their relationship to land claims agreements, experiences of transitioning into self-government, and related challenges and opportunities. How we can help one another in the development and operation of self government agreements? This session will also include a moderated discussion on the topic of intergovernmental relations between the federal government and Indigenous self-governments. The moderated discussion will focus on the topic of government-to-government relationships between Self-governments and the Federal Government, and how best to ensure meaningful ongoing communication and engagement on shared priority areas.

 

Moderator:

Adam Fritz, Director, Indigenous Coordination and Engagement, ESDC

Speakers:

Bertha Rabesca Zoe, Legal Counsel, Tłı̨chǫ Government
Heather Castleden, Canada Research Chair in Reconciling Relations for Health, Environments, and Communities
hinatinyis Johnson,  Huu-ay-aht First Nation
Rhiannon Klein, Instructor, Yukon College

 

Proceedings

Breakout 1B – Self Government

Presentations

B01B – Self-Government – Bertha Rabesca Zoe
B01B – Self-Government – Rhiannon Klein

 

Video

 



SESSION 1C: It’s All Connected: Socioeconomic Outcomes and Wellbeing

This session will look at approaches modern treaty signatories and partners are taking to support wellbeing in our communities. It is an opportunity to share challenges and opportunities in all the different stages, from visioning and planning through to costing and evaluation. This session will focus on land-based programs, the connections between infrastructure investments and wellbeing, and experience with program monitoring and evaluation.

 

Moderator:

Daniel T’seleie, Self-Government Negotiator, K’asho Got’ine

Speakers:

Thierry Rodon, Research Chair in Northern Sustainable Development, Université Laval University
Karen Bouchard, PhD Candidate, Université Laval
Adam Perry, Data Analyst, Nisg̱a’a Lisims Government
Shannon West-Johnson, Research Assistant, Nisg̱a’a Lisims Government
Duane Gastant’ Aucoin, Yanyeidi Executive Councillor, Chair, Language & Culture Oversight Committee Teslin Tlingit Council

 

Proceedings

Breakout 1C – It’s All Connected: Socioeconomic Outcomes & Wellbeing

 

Presentations

B01C – It’s All Connected – Duane Gastant’ Aucoin

SESSION 1D: Implementation Organizations: Committees & Co-management Boards

This session is an opportunity to see the world of implementation from the perspectives of committees, co-management boards, and institutions of public governance. It will focus on sharing of implementation experiences that illustrate the strengths and weaknesses of agreements.

 

Moderator:

George Moore, Chief Councillor, Gingolx

Speakers:

Kirk Cameron, President, northSense Management Consulting, Board Member YESA
Dakota Erutse, Board Member and Vice-Chair, Sahtu Land Use Planning Board

 

Proceedings

Breakout 1D – Implementation Organizations: Committees & Co-Management Boards

 

Presentations

B01D – Co-Management – Kirk Cameron

SESSION 1E: Consultation: Guidelines, Expectations and Case Studies

How is consultation with modern treaty partners distinct from consultation with other Indigenous rights holders or organizations across Canada, and why?  This session will delve into effective consultation/engagement, the use of the Assessment of Modern Treaty Implications (AMTI) tool, and relationships with provinces and territories, with examples from BC, Yukon and NWT.

 

Moderator:

Janna Promislow, Associate Professor, Thompson Rivers University, Faculty of Law

Speakers:

Julie Mugford, Senior Director, Modern Treaty Implementation Office, CIRNAC
Georgina Lloyd, Senior Director, CIRNAC
Frank Dragon, Ka:yu:’k’t’h’ / Che:k’tles7et’h’ First Nations
Tom Isaac, Senior Counsel, CIRNAC

 

Proceedings

Breakout 1E – Consultation: Guidelines, Expectations and Case Studies

 

Presentations

B01E – Consultation – Tom Isaac

TIMESLOT 2:  3:15-4:45 PM

 

SESSION 2A: Involving Youth, Recruitment and Succession Planning

Treaty implementation is an ongoing and resource-intensive process. How do we best support, motivate and mobilize our youth and our staff to take on the challenge of reclaiming and rebuilding in the modern treaty context?

 

Moderator:

Bobby Clark, Director of Communications and Inter-Governmental Relations, Nisga’a Lisims Government

Speakers:

Jordan Peterson, Deputy Grand Chief / Vice President, Gwich’in Tribal Council
Kaitlynn Hester-Moses, Youth Grand Chief, Cree Nation Youth Council
Kim Smarch, Director of Negotiations and Implementation, Teslin Tlingit Council
Robin Bradasch, Director, Crown-Indigenous Relations and Northern Affairs
Shakina Johnson, Youth Rep, Kluane First Nation
Jodi-Lyn Newnham, Director, Implementation and Reconciliation, Government of Yukon

 

Proceedings

Breakout 2A: Involving Youth, Recruitment and Succession Planning

 

Presentations

B02A: Involving Youth – Jodi-Lyn Newnham
B02A: Involving Youth – Kaitlynn Hester-Moses

SESSION 2B: What Should Policy Co-Development Look Like? Modern Treaty Perspectives

We hear about it a lot, but what does “co-development” mean? What does meaningful co-development entail? In this session, hear modern treaty perspectives on what is required for collaboration and co-development, areas where it has taken place, and areas where improvement is needed.

 

Moderator:

Martin Papillon, Associate Professor & Director of the Centre de Recherche sur les Politiques et le Développement Social

Speakers:

Frank Dragon, Advisor, Ka:yu:’k’t’h’ / Che:k’tles7et’h’ First Nations
Mark Smith, General Counsel & Director of Process, BC Treaty Commission
Nuri Frame, Partner, Pape Salter Teillet LLP

 

Proceedings

Breakout 2C: What should Co-Development Look Like? Modern Treaty Perspectives

 

Presentations

No information available.

 

Video

 



SESSION 2C: Impact and Benefit Agreements

Attend this session to share experiences with impact and benefit agreements in the modern treaty context. Share stories and information about how the negotiation process and agreements have changed over the last years, how they vary across regions and current issues to keep an eye on.

 

Moderator:

Charles Morven, Chief Councillor, Nisg’a Village of Gitlaxt’aamiks

Speakers:

Margaret Rosling, Partner, Aldridge + Rosling LLP
Kim Gilson, Partner, Duboff, Edwards, Haight & Schachter
Guy Polden, Senior Researcher, The Firelight Group

 

Proceedings

Breakout 2C: Inuit Impact & Benefit Agreeement

 

Presentations

B02C: Inuit Impact & Benefit Agreeement – Kim Gilson
B02C: New Horizons for IBAs: Brownfields, Renegotiation, Meaningful Implementation – Guy Polden

SESSION 2D: Crown-Indigenous Relations and Northern Affairs and Indigenous Services: An Update on the INAC Split

In 2017 it was announced that INAC would split into two departments: Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC).  The newly appointed Deputy Ministers spoke at the LCAC’s 2017 conference. Now, three years later, what is the current status of this re-organization? What are the implications for modern treaty holders?

 

Moderator:

Kirk Cameron, President, northSense Management Consulting

Speakers:

Sony Perron, Associate Deputy Minister, Indigenous Services Canada
Diane Lafleur, Associate Deputy Minister, Crown-Indigenous Relations and Northern Affairs Canada
William David, Director of Lands and Territories, Assembly of First Nations

 

Proceedings

Breakout 2D: Crown-Indigenous Relations and Northern Affairs and Indigenous Services: An Update on the INAC Split

 

Presentations

No information available.

SESSION 2E: Legal and Policy Updates

Learn about recent updates in legislation, policy and case law and the implications for the interpretation and implementation of modern treaties. Updates to include the recent changes to the Mackenzie Valley Resource Management Act, access to pooled borrowing by SGIG’s and land claim agreement holders,  and the new Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, and the federal Indigenous Languages Act.

 

Moderator:

Daniel T’seleie, Self-Government Negotiator, K’asho Got’ine

Speakers:

Paul Bachand, Partner, Pape Salter Teillet LLP
Dillon Johnson, Advisor, Tla’amin Nation
Erin Thomson-Leach, JFK Law Corporation
Stephen Gagnon, Director General, Canadian Heritage

 

Proceedings

Breakout 2E: Legal & Policy Updates

 

Presentations

B02E: Legal & Policy Updates – Dillon Johnson
B02E: Legal & Policy Updates – Erin Thomson-Leach
B02E: Legal & Policy Updates – Paul Bachand

Wednesday, February 12
TIMESLOT 3: 10:45 AM – 12:00 PM

 

SESSION 3A: Data Relevance, Management, and Governance

Leaders need accurate and current information to make informed decisions and communicate with citizens and treaty partners. This session will delve deep into current initiatives in data management and governance, including questions of access and data sovereignty, as well as on-the-ground tools and ideas for data analysts and information management staff.

 

Moderator:

Jessica Simpson, Project Coordinator, Modern Treaty Implementation Research Project

Speakers:

Jennifer Jansen, Information Management Coordinator, Tsawwassen First Nation
Hannes Edinger, Managing Director, Big River Analytics Ltd
Paul Kishchuk, President, Vector Research
Jonathan Dewar, Executive Director, First Nations Information Governance Centre

 

Proceedings

Breakout 3A – Data Relevance, Management and Governance

 

Presentations

B03A – First Nations Information Governance Centre – Jonathan Dewar
B03A – Information Governance at Tsawwassen First Nation – Jennifer Jansen

SESSION 3B: The Collaborative Federal Fiscal Policy Development Process

Come learn more about the collaborative federal fiscal policy development process for self-government, lessons learned, work so far and the process forward, including its implications for modern treaty holders.

 

Moderator:

Bertha Rabesca Zoe, Legal Counsel, Tlicho Government

Speakers:

Mark Nelson, Little Salmon/Carmacks First Nation
Jake Kennedy, A/ Senior Director, Fiscal Policy, CIRNAC
Mike Haberl, Manager of Implementation BC, CIRNAC
Colin Salter, Partner, Pape Salter Teillet LLP

 

Proceedings

Breakout 3B – Collaborative Federal Fiscal Policy Development Process

 

Presentations

B03B – Collaborative Fiscal Policy – Jake Kennedy
B03B – Collaborative Fiscal Policy – Mike Haberl

SESSION 3C: Building Sustainable Economies

This session will feature businesses and modern treaty organizations sharing information and stories about how they support economies, opportunities, livelihoods and innovation in modern treaty communities. Transitioning to green economies, supporting entrepreneurs with loans, training programs and everything in between, this session will explore current efforts, successes and challenges in building a diverse, sustainable, community economies.

 

Moderator:

Daniel T’seleie, Self-Government Negotiator, K’asho Got’ine

Speakers:

Keith Martell, Director, President and Chief Executive Officer, First Nations Bank of Canada
Nathan Fournier, Department Head, Economic Development, Makivik Corporation

 

Proceedings

Breakout 3C Building Sustainable Economies

 

Presentations

B03C – Building Sustainable Economies – Keith Martell
B03C – Building Sustainable Economies – Nathan Fournier

 

Video

 


SESSION 3D: A Modern Treaty Implementation Review Commission

The LCAC has been calling for an independent review body on modern treaty implementation since it was first formed in 2003.  A comprehensive proposal was prepared in 2016, launched at our 2017 national conference and presented at the 2017 Prime Minister’s Forum. This workshop will focus on the proposed commission, current status and next steps.

 

Moderator:

Alastair Campbell, Senior Policy Advisor, Nunavut Tunngavik Inc.

Speakers:

Kirk Cameron, President, northSense Management Consulting
Ronnie Campbell, former Assistant Auditor General

 

Proceedings

Breakout 3D – A Modern Treaty Implementation Review Commission

 

Presentations

B03D – Modern Treaty Implementation Review Commission – Where We’re At…

SESSION 3E: Resolving Basic Differences: Dispute Resolution, Litigation and Other Options

This panel session will review different approaches modern treaty organizations have taken to resolving differences and disputes.

 

Moderator:

David Wright, Assistant Professor, University of Calgary Faculty of Law

Speakers:

Jessica Orkin, Partner, Goldblatt Partners LLP
Jim Aldridge, Aldridge + Rosling and Legal Counsel, Nisga’a Nation
Laurie Pelly, Legal Counsel, Nunavut Tunngavik Inc.

 

Proceedings

Breakout 3E Resolving Basic Differences: Dispute Resolution, Litigation and Other Options

 

Presentations

B03E – Resolving Basic Differences

TIMESLOT 4: 1:15-2:45 PM

 

SESSION 4A: Sustaining Indigenous Languages

With a panel comprising practitioners and linguists in relation to strengthening languages and reviving languages with few current speakers, session panelists and participants will share success stories, lessons learned, barriers and opportunities in language revitalization.

 

Moderator:

Hannah Uniuqsaraq, Chief Administrative Officer, Nunavut Tunngavik Inc.

Speakers:

Math’ieya Alatini, Chief Strategist, GSD Strategies
Julia Ogina, Programs Coordinator (Elders, Language & Culture), Kitikmeot Inuit Association
John B Zoe, Senior Advisor, Tłı̨chǫ Government

 

Proceedings

Breakout 4A – Sustaining Indigenous Languages

 

Presentations

B04A – Sustaining Indigenous Languages – Part 1 – Julia Ogina
B04A – Sustaining Indigenous Languages – Part 2 – Julia Ogina

SESSION 4B: Revenues, Financial Relationships and Modern Treaty Implementation

When a modern treaty is signed there are obligations on Canada both in terms of spending and transferring funds. How does this system work? How can it be improved? Attend this session for an opportunity to better understand the financial relationships between modern treaty organizations and federal, provincial and territorial governments, as well as how the federal government makes funding decisions.

 

Moderator:

Charles Morven, Chief Councillor, Nisg’a Village of Gitlaxt’aamiks

Speakers:

Mike Joyce, Consultant
Greg Richard, Chief Economist, Fiscal Realities Economists
Corinne McKay, Secretary Treasurer, Nisga’a Nation
Michael Welters, Partner, Aldridge + Rosling LLP

 

Proceedings

Breakout 4B – Revenues, Financial Relationships & Modern Treaty Implementation

 

Presentations

B04B – Revenues – Corinne McKay
B04B – Revenues – Greg Richards
B04B – Revenues – Mike Joyce

 

Video

 



SESSION 4C: Food Security

Attend this session to learn about different modern treaty efforts to support food security, from farms through income subsidies and everything in between. What works? What opportunities still need to be tried? From coast-to-coast-to-coast this is a critical discussion.

 

Moderator:

Roy Francis, Community Development Officer, Tla’amin Nation

Speakers:

Serge Lariviere, Cree Hunters and Trappers Income Security Board
Gregor Gilbert, Director, Department of Environment, Wildlife and Research, Makivik Corp.
Kevin Bayne and Lloyd Lintott, Carcross/Tagish First Nation Farm

 

Proceedings

Breakout 4C – Food Security

 

Presentations

B04C – Food Security – Lloyd Lintott
B04C – Food Security – Serge Lariviere

SESSION 4D: The 2015 Cabinet Directive: Reflections After 5 Years

This workshop will focus on the 2015 Cabinet Directive, which resulted in the formation of the Modern Treaty Implementation Office and the Deputy Ministers’ Oversight Committee.  This Directive is now undergoing its 5-year review. What are the conclusions after 5 years?  How does this fit into the landscape of federal efforts?

 

Moderator:

Bertha Rabesca Zoe, Legal Counsel, Tłı̨chǫ Government

Speakers:

David Wright, Assistant Professor, University of Calgary, Faculty of Law
Ross Pattee, Assistant Deputy Minister, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
Alastair Campbell, Senior Policy Advisor, Nunavut Tunngavik Incorporated (NTI)

 

Proceedings

Breakout 4D – The 2015 Cabinet Directive: Reflections after 5 years

 

Presentations

No information available.

SESSION 4E: The UNDRIP and National Implications for Modern Treaty Implementation

This session will explore the UNDRIP and implications for modern treaty implementation. Panelists will outline the key questions and concerns, as well as reflections on how the UNDRIP opens up broader interpretations of implementing treaties.

 

Moderator:

Brian Tait, Executive Chairperson, Nisga’a Lisims Government

Speakers:

Margaret Rosling, Aldridge + Rosling LLP
Brian Crane, Gowling WLG
Peter Hutchins, Hutchins Legal Inc.
Paul Bachand,  Pape Salter Teillet LLP

 

Proceedings

Breakout 4E – The UNDRIP and National Implications for Modern Treaty Implementation

 

Presentations

No information available.

PLENARY SESSIONS

Plenary 1 – History, Diversity, Implications and Benefits: An Insider’s Overview of Land Claims Agreements

Tuesday February 11, 9:00-10:20 AM

This opening session will provide an overview of general issues and commonalities across modern treaties in Canada. From how (and where) modern treaties first began, to the range of agreements, it will establish a foundation for the remaining conference sessions.

 

Speakers:

Dave Joe, Dave Joe Law Corporation
Ethel Blondin Andrew, Sahtu Secretariat Incorporated
John Amagoalik, Senior Advisor, Nunavut Tunngavik Inc.

 

Proceedings

History, Diversity, Implications, & Benefits: Insider’s Overview of LCA

 

Presentations

PL1 – History & Diversity – Dave Joe

 

Video

 



Planery 2 (Tues AM) – Building Today: Modern Treaty Organizations and Community Development

Tuesday February 11, 10:50-11:45 AM

This session explores the roles modern treaty organizations play in community and economic development.  From long-term comprehensive planning, supporting the labour force with programs and training, through to directly owning and investing in business enterprises, treaty organizations play a critical and varied role in supporting community and economic development. What is being done? What is working well? What barriers are being encountered and how can they be overcome?

 

Speakers:

Clifford Daniels, Behchokǫ̀ Chief, Tłı̨chǫ Government
Angela Wesley, Partner, Wes-Can Advisory Services

 

Proceedings

Building Today: Modern Treaty Organizations & Community Development

 

Presentations

PL2 – Building Today – Clifford Daniels
PL2 – Building Today – Angela Wesley

 

Video

 


Lunch Planery

Tuesday February 11, Lunch

Lunch plenary shared reflections from BC on the new UNDRIP legislation and implications for modern treaty implementation.

 

Speakers:

Celeste Haldane, Chief Commissioner, BC Treaty Commission

 

Video

 


Plenary 3 – Whole-of-Government? Challenges and Opportunities

Wednesday February 12, 8:40-9:30 AM

This plenary is an opportunity to hear reflections from senior management within the federal government and senior legal counsel from modern treaty organizations on current challenges and opportunities related to implementing the broad objectives of modern treaties. Modern treaties are with the Crown, not a particular government department, and a whole-of-government, coordinated approach is needed for their implementation. What does this currently look like in the federal system? What direction is it heading in? From the Cabinet Directive and the Deputy Ministers Oversight Committee to reflections on current challenges, this discussion will delve into the structural details, barriers, silos and opportunities that are part of the current implementation landscape.

 

Speakers:

Jim Aldridge, Partner, Aldridge + Rosling LLP
Daniel Watson, Deputy Minister, Crown-Indigenous Relations and Northern Affairs

 

Proceedings

Whole of Government? Challenges and Opportunities

 

Presentations

No information available.

 

Video

 


Plenary 4 – For a Better Tomorrow

Wednesday February 12, 9:30-10:15 AM

This session looks at ways to support wellbeing in modern treaty communities and shares experiences, lessons learned, barriers and opportunities.

 

Speakers:

Leena Evic, President, Pirurvik Centre Inc.
Jordan Peterson, Deputy Grand Chief / Vice President, Gwich’in Tribal Council

 

Proceedings

For a Better Tomorrow

 

Speaking Notes

PL4 – For a Better Tomorrow

 

Video

 


Plenary 5 – Where Next? Priorities and Opportunities

Wednesday February 12, 3:15-4:15 PM

Hear from LCAC member leaders on current priorities and challenges in implementation.

 

Speakers:

Chief Dana Tizya-Tramm, Vuntut Gwitchin First Nation
Hegus Clint Williams, Tla’amin Nation

 

Proceedings

Where Next? Priorities and Opportunities

 

Presentations

PL5 – Making Modern Treaties Work – Where Next? – Hegus Clint Williams

 

Video

 


Plenary 6 – Language and Culture – The Foundation for the Future

Wednesday, February 12, 4:15-4:45 PM

This closing plenary will provide perspectives on the role of language and culture, and the support and education needed in those areas for ourselves, our children, and treaty partners, in making the treaty relationship work.

 

Speakers:

Matthew Coon-Come, former Grand Chief of the Grand Council of the Crees (Eeyou Istchee), and former National Chief of the Assembly of First Nations

 

Proceedings

Language and Culture – The Foundation for the Future

 

Presentations

No information available.

 

Video

 


Co-Chairs Closing Comments

Closing Comments