Welcome and Prayers (23 minutes)
An exploration of the negotiation process and key milestones along the way, including preparing your community for treaty and lessons learned from recent negotiations. John Jack of the Maa-nulth Treaty, Dillon Johnson from Tla’amin and Bob Potts of the Algonquins of Ontario share perspectives.
John Jack
Member, Huu-ay-aht First Nations
Dillon Johnson
Associate, Temixw Planning Ltd.
Robert Potts
Partner, Blaney McMurtry LLP
Breakout 1A – Negotiation Processes and Ensuring Community Support
BO1A – Negotiation Processes – Johnson
BO1A – Negotiation Processes – Potts
Political scientist Martin Papillon, lawyer Jessica Orkin, and Alan MacDonald, Director General of Implementation Branch at Indigenous Affairs, discuss the meaning of Indigenous consent in Canada. Is it a veto or not? What does it mean for project approval and policy making? How is consultation with modern treaty partners distinct from consultation with other Indigenous rights holders or organizations across Canada, and why? What are the links between the consultation requirements in modern treaties and new federal policy initiatives underway?
Martin Papillon
Jessica Orkin
Partner, Goldblatt Partners LLP
Alan MacDonald
Director General, Implementation Branch, Indigenous and Northern Affairs
Breakout 1B – Consent and Consultation
BO1B – Consent and Consultation – MacDonald
BO1B – Consent and Consultation – Orkin
BO1B – Consent and Consultation – Papillion
What does a deeply rooted traditional Indigenous government look like? What structures – legal, fiscal and other – support it? President Les Doiron, Yuułuʔiłʔatḥ Government (Ucluelet First Nation) and Ed Schultz, Deputy Chief of Little Salmon Carmacks First Nation and lawyer Peter Hutchins discuss how culture, language and traditional ways of life underpin modern treaty governance structures, and how modern treaties can be a tool for cultural revitalization.
Les Doiron
President, Yuułuʔiłʔatḥ Government (Ucluelet First Nation)
Ed Schultz
Deputy Chief, Little Salmon Carmacks First Nation
Peter Hutchins
Lawyer
Breakout 1C – Building From a Cultural Foundation
BO1C – Building from Cultural Foundation – Doiron
Huu-ay-aht Head Chief (Tayii Ḥaw̓ił) Derek Peters, academic Heather Castleden, Mark Smith from the BC Treaty Commission and Julie Mugford, senior director at INACs Modern Treaties Implementation Office explore the role of research in policy development with a deep dive into a community research project on the Maa-nulth treaty.
Derek Peters
Head Chief, Huu-ay-aht
Heather Castleden
Dept. of Geography and Planning, Queen’s University
Mark Smith
General Counsel/Director of Process, BC Treaty Commission
Julie Mugford
Senior Director, Modern Treaties Implementation Office, Indigenous and Northern Affairs Canada
Breakout 1D – Roles of Research
No information available.
Join lawyers Jason Madden and Alan Pratt, Alastair Campbell of Nunavut Tunngavik Inc, for a discussion of membership and citizenship, including implications of the recent Daniels case, moderated by Matt Mehaffey.
Jason Madden
Co-Managing Partner, Pape Salter Teillet LLP
Alan Pratt
Alan Pratt Law Firm
Alastair Campbell
Senior Planning and Policy Advisor, Nunavut Tunngavik Inc.
Breakout 1E – Modern Land Claims
If Indigenous youth develop an understanding of treaties, they will be able to contribute to implementing and strengthening them, as well as the relationships they establish. A facilitated discussion to gather ideas about approaches, methods and tools to develop the next generation of negotiators and implementers. (Part of a project undertaken by the Gordon Foundation to promote and support young Indigenous leaders.)
Stephanie Irbacher-Fox
Adjunct Research Professor, Carleton University School of Public Policy and Administration
Daniel T’seleie
Chief Negotiator, K’ahsho Got’ine
Melaina Sheldon
Jane Glassco Northern Fellows Program, Gordon Foundation
Breakout 2A – Communicating and Understanding Treaties
BO2A – Communicating Treaties – Sheldon
The Prime Minister recently split the department of Indigenous and Northern Affairs Canada (INAC) into the department of Crown-Indigenous Relations and Northern Affairs and the department of Indigenous Services. Take advantage of this opportunity to learn about the implications, opportunities and challenges presented by this change. Join deputy ministers Jean-Francois Tremblay and Hélène Laurendeau, political scientist Veldon Coburn and consultant Kirk Cameron in conversation.
Jean-Francois Tremblay
Deputy Minister, Indigenous Services at Government of Canada
Hélène Laurendeau
Deputy Minister, Indigenous and Northern Affairs Canada
Veldon Coburn
PhD Candidate, Department of Political Studies, Queens University
Kirk Cameron
Consultant
Breakout 2B – INAC Departmental Split
With a critically questioning look at Indigenous participation in state-level international relations (NAFTA, the New Zealand context), the role of international civil society in supporting international indigenous rights, and the many forms of Indigenous inter-national relationships, join Vuntut Gwitchin lawyer Kris Statnyk, Public Policy Forum fellow Jane Hooker, Amnesty International’s Craig Benjamin, and Risa Schwartz of Risa Schwartz International Law, in what’s sure to be a fascinating discussion on this theme.
Kris Statnyk
Associate, Mandell Pinder LLP
Jane Hooker
Fellow, Public Policy Forum
Craig Benjamin
Coordinator, Campaigns in Support of Rights of First Nations, Amnesty International
Risa Schwartz
Risa Schwartz International Law
Breakout 2C – International Relations
BO2C – International Relations – Benjamin
BO2C – International Relations – Hooker
BO2C – International Relations – Schwartz
Whether it’s “big data,” “government asking questions,” or the need to track success of certain programs, data is a part of social programs, fiscal transfers, citizenship records and taxation. What information do we need for internal governance? What is the role of data in a nation-to-nation relationship? What data should we share with each other? This session explores existing data needs, lessons learned and best practices. Bob Simpson and Mitchell White speak on data and information management in the modern treaty context. Rodney Nelson and Mélanie Robert from the Treasury Board’s Open Government project speak on innovations in data for governance.
Bob Simpson
Director, Intergovernmental Relations, Inuvialuit Regional Corp.
Mitchell White
Jane Glassco Fellow, Editor and Communications Officer, Inuit Tapiriit Kanatami
Rodney Nelson
Centre for Initiatives in Education, Carleton University
Mélanie Robert
Executive Director, Services and Open Government, Treasury Board of Canada Secretariat
Breakout 2D – Data Needs, Uses, Tools and Technologies
BO2D – Data – Robert
BO2D – Data – Simpson
The Federal government has formed a Ministers’ Working Group to Review Laws and Policies affecting Indigenous Peoples in Canada. What should the scope of that review include? What are modern treaty holders’ priority areas for change? How can the views of modern treaty holders best be included in the review process? This will be a working session, including discussion of the new Assessment of Modern Treaty Implications (AMTI) tool. Join Bruno Steinke, Director of Operations at the Review of Laws and Policies Related to Indigenous People, Jessica Torrance with the Modern Treaty Implementation Office, and Jim Aldridge with Nisga’a Lisims Government.
Bruno Steinke
Director of Operations, Review of Laws and Policies Related to Indigenous Peoples
Jim Aldridge
Partner, Aldridge and Rosling LLP
Jessica Torrance
Manager, Modern Treaty Implementation Office
Breakout 2E – Modern Land Claims
No information available.
In May 2016, INAC and self-governing Indigenous Governments embarked on a new and unique collaborative process to build a new federal self-government fiscal policy for consideration by the Government of Canada. Now, more than a year into the process, progress is being made and lessons have been learned about how to respectfully and productively engage in nation-to-nation joint policy development. Panelists explore the challenges encountered and lessons learned from this process that brought diverse interests together in a very different approach to policy development.
Dillon Johnson
Associate, Temixw
Alan Greer
Manager, Operational Policy, Indigenous and Northern Affairs
Bertha Rabesca Zoe
Laws Guardian, Tlicho Government
Michael Welters
Partner, Aldridge and Rosling LLP
Breakout 3A – Lessons Learned From the Collaborative Fiscal Policy Development Process
What happens when a government fails in its land use planning obligations under a modern treaty? The process becomes untenable and a legal battle ensues. Lawyer Micah Clark, Gwich’in Tribal Council legal counsel David Wright, and Tr’ondëk Hwëch’in Chief Roberta Joseph speak on the Peel River Case currently before the Supreme Court of Canada. This session addresses how and why the collaborative process failed, the implications of the pending Supreme Court decision, and lessons learned for future land use planning.
Micah Clark
Aldridge and Rosling LLP
Roberta Joseph
Chief, Tr’ondek Hwech’in
David Wright
General Counsel, Gwich’in Tribal Council
Breakout 3B The Peel River Case Implementation through Litigation
BO3B – Peel River Case – Wright
Implementing UNDRIP is a focus of the federal government. Building on yesterday’s discussion of Consent and Consultation, this panel will also ask, What are the often-overlooked aspects of UNDRIP? What does this mean for the modern treaty context? Lawyer Lorraine Land, Amnesty International’s Craig Benjamin, Diana Kwan, Senior Counsel at Justice Canada, and academic Brenda Gunn identify linkages, challenges, and opportunities.
Lorraine Land
Partner, Olthuis Kleer Townshend
Brenda Gunn
Associate Professor, Faculty of Law, University of Manitoba
Craig Benjamin
Indigenous Rights Campaigner, Amnesty International
Diana Kwan
Senior Counsel, Justice Canada
Breakout 3C – Implementing UNDRIP
BO3C – Implementing UNDRIP – Benjamin
BO3C – Implementing UNDRIP – Gunn
BO3C – Implementing UNDRIP – Land
Implementing UNDRIP (1hr 23 minutes)
The LCAC has secured a $2.5M, five-year research grant. This session provides an overview of the grant’s research themes and proposed program. The principal investigator, staff, and co-leads of the research themes will review how the grant is being administered and how LCAC members can participate, including accessing researchers and funding for treaty implementation research.
Research themes include:
This session is of interest to LCAC members, academics and other organizations who may wish to partner on treaty implementation research.
Stephanie Irlbacher-Fox
Adjunct Research Professor, Carleton University School of Public Policy and Administration
Hayden King
Co-lead, Land Relationship
Jessica Orkin
Co-lead, Indigenous and Settler Legal Traditions
Martin Papillon
Co-lead, Multilevel Governance and Intergovernmental Relations
Bobby Clark
Co-lead, Multilevel Governance and Intergovernmental Relations
Thierry Rodon
Co-lead, Socioeconomic Impacts and Evaluation
Andrew Dunford
Co-lead, Socioeconomic Impacts and Evaluation
Francis Abele
Co-lead, Treaty Financing
Matt Mehaffey
Co-lead, Treaty Financing
Breakout3D – LCAC Research Grant Priorities
BO3D – 2.5M Grant – Orkin
BO3D – 2.5M Grant – Rodon Dunford
BO3D – 2.5M Grant – Abele Mehaffey
BO3D – 2.5M Grant – Irlbacher-Fox
In order to rebuild trust and modernize Canada’s regulatory processes, the federal government is considering reforms to the Canadian Environmental Assessment Act, the National Energy Board, the Navigable Waters Act, and the Fisheries Act. This session provides an update on recent developments in these important legislative reviews.
Susan Winger
Canadian Environmental Assessment Agency
Christopher Piercey
Deputy Director, Oil and Liquefied Gas, NEB Modernization Secretariat
Jane Keenan
Department of Fisheries and Oceans
Nancy Harris
Transport Canada
Daniel Veilleux
Westaway Law
No information available.
BO3E – Four Leg Reviews to Watch – Harris Transport (French)
BO3E – Four Leg Reviews to Watch – Keenan (French)
BO3E – Four Leg Reviews to Watch – Winger (French)
BO3E – Four Leg Reviews to Watch – Piercey
BO3E – Four Leg Reviews to Watch – Winger
Treaty implementation is a massive effort and an ongoing process. How do we best support, motivate and mobilize our youth to take on the challenge of nation rebuilding in the modern treaty context? Hear from Kluane Adamek, Founder of Our Voices, Karen Restoule, Fellow at the Public Policy Forum, Sashia Leung, Associate Director of the B.C. Treaty Commission, Dustin Joanas, Student at Nunavut Sivuniksavut, and Sahar Golshan and Diane Hill with Canadian Roots Exchange.
Kluane Adamek
Founder, Our Voices
Karen Restoule
Fellow, Public Policy Forum
Sashia Leung
Associate Director, B.C. Treaty Commission
Dustin Joanas
Student, Nunavut Sivuniksavut
Sahar Golshan
Canadian/Roots Exchange
Diane Hill
Canadian/Roots Exchange
Breakout 4A – Building the Next Generation of Leaders
No information available.
Building the Next Generation (1hr 50 minutes)
Co-management boards are public bodies with appointed federal, provincial/territorial, and modern treaty members. While these boards do not incorporate traditional decision-making processes, they are a negotiated approach to joint decision-making. This session explores how the Nunavut Land Claims Agreement mandates joint Inuit and federal/territorial decision-making on transboundary and wildlife issues. Examples include polar bear management, beluga whale quotas and caribou. Join Jason Akearok, Executive Director of the Nunavut Wildlife Management Board, Ryan Barry, Executive Director of the Nunavut Impact Review Board and Jovan Simic, Manager for Qausuittuq National Park, in an discussion of what’s happening in Nunavut, and what can be learned from their experiences.
Jason Akearok
Executive Director, Nunavut Wildlife Management Board
Ryan Barry
Executive Director, Nunavut Impact Review Board
Nathaniel Kalluk
Cooperative Management Committee, Qausuittuq National Park
Angela Piercey
Park Manager Trainee
Jovan Simic
Manager, Qausuittuq National Park
Breakout – 4B Comanagement in Nunavut
BO4B – Co-management in Nunavut – Akearok
BO4B – Co-management in Nunavut – Barry
BO4B – Co-management in Nunavut – Simic
Land use planning in modern treaties takes many forms, but the bottom line is that development and planning in modern treaty regions require the support of the people who live there.
This panel tackles land use planning challenges and best practices with a range of northern perspectives: Ron Cruikshank, Director of the Yukon Land Use Planning Council, Hannah Uniuqsaraq, Director of Policy and Planning Division for Nunavut Tunngavik Inc, and Paul Pachand on the Tlicho Land Use Plan.
Hannah Uniuqsaraq
Director, Policy and Planning Division, Nunavut Tunngavik Inc.
Ron Cruikshank
Director, Yukon Land Use Planning Council
Paul Blanchard
Partner, Pape Salter Teillet LLP
BO4C – Land Use Planning – Bachand
BO4C – Land Use Planning – Cruikshank
At their heart, modern treaties are intended to make life better for their people, but how do you know if a program is truly helping? This session examines efforts to improve wellbeing through modern treaties, sharing challenges and lessons learned, and discussing data, measurement and evaluation, and barriers and opportunities. Thierry Rodon, Professor at Laval University, Shuvinai Mike, Director of Inuit Qaujimajatuqangit, Department of Culture and Heritage, Nunavut Government, and Audrey Giles, Professor at University of Ottawa explore wellbeing from different perspectives.
Leena Evic
Founder and President, Pirurvik
Thierry Rodon
Professor, Laval University
Julie Boucher
Masters Student, Laval University
Shuvinai Mike
Director of Inuit Qaujimajatuqangit, Department of Culture and Heritage, Nunavut Government
Audrey Giles
Professor, University of Ottawa
Breakout 4D – Finding and Measuring Wellbeing
BO4D – Finding and Measuring Wellbeing – Giles
BO4D – Finding and Measuring Wellbeing – Mike
BO4D – Finding and Measuring Wellbeing – Rodon
Consultation and engagement are major elements of the intergovernmental relationship, and are not only legally required, but necessary to ensure that the interests of modern treaty partners, distinct from other Indigenous groups, are reflected. Lawyers Jeff Langlois, Nuri Frame and Micah Clark, and Georgina Lloyd with the Consultation and Accommodation Unit, INAC, discuss lessons learned and best practices from previous initiatives. Also, models of successful (and unsuccessful) past consultation processes will be addressed.
Jeff Langlois
Associate, JFK Law Corporation
Micah Clark
Partner, Aldridge and Rosling LLP
Nuri Frame
Partner, Pape, Salter Teillet LLP
Georgina Lloyd
Senior Director, Consultation and Accommodation Unit
No information available.
Tuesday November 14, 9:00 AM
Historian J.R. Miller reviews significant events from first contact through to the Royal Proclamation, federal refusal to negotiate treaties, court decisions and subsequent modern treaties. This overview reflects on objectives and approaches taken by the Crown and by Indigenous peoples, and consequences of the interaction between Crown objectives and Indigenous approaches, setting the stage for an in-depth discussion of the present and future of Indigenous-Crown relations.
Jim Miller
PhD, OC, SOM, FRSC
Professor Emeritus of History, University of Saskatchewan
The Story of Indigenous Crown Relations
No information available.
The Story of Indigenous Crown Relations (28 minutes)
Tuesday November 14, 9:45 AM
Lawyer Jim Aldridge discusses the legal decisions that led to the negotiation and implementation of modern treaties: Calder (1972), patriation of the Constitution in 1982, development of Sections 25 and 35 and other key milestones: a legal-primer for everyone working with and within modern treaties.
Jim Aldridge
Q.C., Partner, Aldridge & Rosling
No information available.
Modern Treaties and the Law (31 minutes)
Tuesday November 14, 10:45 AM
From the West Coast to Eastern Canada, hear Huu-ay-aht councillor Connie Waddell and lawyer for the Algonquins of Ontario Bob Potts speak about why nations choose treaties, as well as the objectives, intentions and processes used to reach a signed agreement.
Connie Waddell
Councillor, Huu-ay-aht Executive Council
Bob Potts
Partner, Blaney McMurtry LLP
The Spirit and Intent of Modern Treaties
Spirit and Intent of Modern Treaties – Potts
The Spirit and Intent of Modern Treaties (26 minutes)
Tuesday November 14, 11:15 AM
How is the current generation of modern treaty implementers interpreting the “spirit and intent” of these agreements?
Gwich’in Renewable Resources Board Executive Director Amy Amos, Tla’amin financial consultant Dillon Johnson and K’asho Got’ine Dene climate activist and self-government negotiator Daniel T’seleie share their perspectives on how their work honours the vision of the elder generation who first negotiated the treaties.
Amy Amos
Executive Director, Gwich’in Renewable Resources Board
Dillon Johnson
Associate, Temixw Planning Ltd.
Daniel T’seleie
K’ahsho Got’ine Chief Negotiator
Associate, Olthius Kleer Townshend LLP
A New Generation of Leaders Reflects on Implementation – Amos
A New Generation of Leaders Reflects on Implementation – Johnson
A New Generation on Implementation (38 minutes)
Wednesday November 15, 9:30 AM
The Truth and Reconciliation Commission found that revitalization of Indigenous laws would benefit Indigenous communities, improve relations between Indigenous and state governments, and benefit the nation as a whole. Can (and should?) Canada incorporate Indigenous laws into its systems and structures? Young lawyer and Vuntut Gwitchin First Nation member Kris Statnyk addresses the implications of merging Indigenous and European legal traditions, and Inuit vision keeper Leena Evic reflects on healing, language, education, and culture.
Kris Statnyk
Associate, Mandell Pinder LLP
Leena Evic
Founder and President, Pirurvik
Indigenous Laws, Ways and Values
No information available.
Indiginous Laws, Ways and Values (44 minutes)
Wednesday November 15, 8:40-9:30 AM
Here’s your chance to ask questions and make suggestions to senior officials from Privy Council Office, Parks Canada, Canadian Environmental Assessment Agency and Environment and Climate Change Canada about departmental operations, implementing modern treaties and reconciliation.
Joanne Wilkinson
Assistant Secretary for the Review of Laws and Policies related to Indigenous Peoples, and Indigenous People’s Champion, Privy Council Office
Dominique Blanchard
Assistant Deputy Minister, Environment and Climate Change Canada
Christine Loth-Bown
Vice President, Policy Development Sector, Canadian Environmental Assessment Agency
Nadine Crooks
Director, Natural Resource Conservation, Parks Canada
Deputy Ministers Q & A – Loth-Bown
Deputy Minister Q and A (46 minutes)
Wednesday November 15, 12:40-1:00 PM
The Office of the Auditor General of Canada has completed more than a decade’s worth of audits that show federal government programs for Canada’s indigenous peoples are not working. Canada’s Auditor General Michael Ferguson will explore the results of these audits to identify what changes are needed.
Michael Ferguson
Auditor General of Canada
No information available.
Auditor General (20 minutes)
Wednesday, November 15, 3:15-3:45
The fourth “point” in the LCAC’s foundational 2006 “Four-Ten” Declaration of Dedication and Commitment calls for an “an independent implementation and review body, separate from the Department of Indian Affairs and Northern Development. This could be the Auditor General’s department, or a similar office reporting directly to Parliament.” LCAC has developed a proposal to establish an independent Modern Treaties Implementation Review Commission (MTIRC) within the Auditor General’s Office. This session will provide an overview and assessment of this important project.
Kirk Cameron
Consultant
Ronnie Campbell
Former Assistant Attorney General of Canada (retired)
David Wright
Legal Counsel, Gwich’in Tribal Council
Scott Serson
Former President, Public Service Commission of Canada
No information available.
No information available.
Implementation Review Commission (30 minutes)
Wednesday November 15, 3:45-4:45 PM
How do modern treaty leaders define the path to reconciliation? What does the current federal approach to reconciliation mean in practical terms for modern treaty holders? Gwich’in Grand Chief and Tribal Council President Bobbie Jo Greenland-Morgan, Huu-ay-aht Councillor John Jack and Grand Chief of the Grand Council of the Crees Dr. Abel Bosum will speak on modern treaties, reconciliation, and the way forward.
Bobbie Jo Greenland-Morgan
President, Gwich’in Tribal Council
John Jack
Member, Council for Huu-ay-aht First Nations
Abel Bosum
Grand Chief, Cree Nation
P6 – The Way Forward – Bosum
P6 – The Way Forward – Jack
The Way Forward (58 minutes)
Closing Comments (11 minutes)