Bulletin - Quebec v. Moses: Canadian Environmental Assessment Act Applies on James Bay Treaty Land
The Supreme Court of Canada recently ruled that a mining project located in territory covered by the James Bay and Northern Quebec Agreement (Agreement) must be reviewed under the Canadian Environmental Assessment Act (CEAA) before Fisheries and Oceans Canada (DFO) can issue an authorization for the destruction of fish habitat under s. 35(2) of the federal Fisheries Act. This is the first Supreme Court decision interpreting the Agreement as a treaty under s. 35 of the Constitution Act and it will have a lasting impact on the interpretation of modern treaties with Aboriginal Peoples in Quebec and elsewhere in Canada.
Background
The subject of the appeal was a proposed vanadium mine in the vicinity of Chibougamau, Quebec (the Project). The Project will involve disruptions to watercourses and lakes in the area, as well as construction of tailings ponds, all of which will result in the harmful alteration of fish habitat. Accordingly, the Project requires a permit under the Fisheries Act before it can proceed. The issue on appeal was whether such a permit would be issued by DFO automatically, following a provincial environmental review process mandated under the Agreement, or whether a separate federal CEAA process would be required. The Court upheld the latter course: the Agreement does not override the CEAA.
The Agreement is a sophisticated, modern aboriginal land claims treaty entered into by James Bay Cree and Inuit communities, the federal government and the government of Quebec in 1975. The Agreement contains provisions for social and environmental impact assessments on treaty lands. The Project is located on lands classified under the Agreement as Category III. Under the Agreement, the Cree have the right to be consulted and to provide input on projects on Category III lands, but do not have a veto right.
The Agreement provides a process for determining whether a proposed project falls under federal or provincial jurisdiction. In this case, all sides agreed that the Project generally falls under provincial jurisdiction. The Agreement sets out a process for a committee to study the project and make a recommendation to a provincial treaty administrator. The administrator makes a recommendation to the Quebec Cabinet, which can accept or overrule the recommendation.
Saturday, April 30, 2011
Tuesday, April 26, 2011
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Federal Justice Minister Rob Nicholson announced the reappointment of Justice Patrick Smith to the Specific Claims Tribunal on November 26, 2010. This decision faces unanimous opposition by the Chiefs of Ontario.
Justice Smith issued the incarceration order against Kitchenuhmaykoosib Inninuwug (KI) Chief Donny Morris, four Councillors, and a citizen (the “KI 6”) who were peacefully defending their traditional territory against unwanted exploration activity by a junior mining company. The First Nations in Ontario believe that his interpretation of the law at the hearing was inconsistent with Section 35 of the Canadian Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. On appeal of Mr. Justice Smith’s order the Ontario Court of Appeal later questioned the original sentencing decision and released the KI 6 from their sentences early.
The Specific Claims Tribunal has been established to deliver independent adjudication regarding specific claims which arise from alleged breaches of Treaties, fraud, illegal dispositions or inadequate compensation for First Nations reserve lands.
“The First Nations in Ontario believe that the treatment of First Nation leadership, acting in accordance with their beliefs about their land rights, by Justice Smith is incompatible with the Tribunal’s mandate of independent and culturally-sensitive decision making,” stated Regional Chief Angus Toulouse. “We do not view his appointment as a productive move for the Tribunal and seriously question the Justice’s ability to address First Nations claims in a fair and just manner.”
At a recent meeting of the Chiefs in Assembly the Chiefs passed a resolution setting out their views regarding this matter and such was communicated to federal Justice Minister Rob Nicholson.
Ontario: Chiefs Of Ontario Unanimously Oppose Reappointment Of Justice Patrick Smith To The Specific Claims Tribunal
Federal Justice Minister Rob Nicholson announced the reappointment of Justice Patrick Smith to the Specific Claims Tribunal on November 26, 2010. This decision faces unanimous opposition by the Chiefs of Ontario.
Justice Smith issued the incarceration order against Kitchenuhmaykoosib Inninuwug (KI) Chief Donny Morris, four Councillors, and a citizen (the “KI 6”) who were peacefully defending their traditional territory against unwanted exploration activity by a junior mining company. The First Nations in Ontario believe that his interpretation of the law at the hearing was inconsistent with Section 35 of the Canadian Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. On appeal of Mr. Justice Smith’s order the Ontario Court of Appeal later questioned the original sentencing decision and released the KI 6 from their sentences early.
The Specific Claims Tribunal has been established to deliver independent adjudication regarding specific claims which arise from alleged breaches of Treaties, fraud, illegal dispositions or inadequate compensation for First Nations reserve lands.
“The First Nations in Ontario believe that the treatment of First Nation leadership, acting in accordance with their beliefs about their land rights, by Justice Smith is incompatible with the Tribunal’s mandate of independent and culturally-sensitive decision making,” stated Regional Chief Angus Toulouse. “We do not view his appointment as a productive move for the Tribunal and seriously question the Justice’s ability to address First Nations claims in a fair and just manner.”
At a recent meeting of the Chiefs in Assembly the Chiefs passed a resolution setting out their views regarding this matter and such was communicated to federal Justice Minister Rob Nicholson.
Thursday, April 21, 2011
Chiefs: asked for toilets, got pails | Manitoba
Chiefs: asked for toilets, got pails | Manitoba | News | Winnipeg Sun
PAUL TURENNE, WINNIPEG SUN - They asked for bathrooms, or at least porta-potties, and they got five-gallon pails.
Chiefs representing First Nations from the Island Lake area of northern Manitoba held a press conference Thursday to lament Ottawa's response to immediate, short-term help while they discuss how to hook the communities up with running water and proper sewage in the long term.
"They agreed to help us with short-term solutions. Their solutions are slop pails and 45-gallon drums. That's not acceptable," said Chief Dino Flett, of the Garden Hill First Nation. "In some houses, 15 people have to use that slop pail. That's not safe. That's not healthy."
Chiefs from the Island Lake area bands met with Indian and Northern Affairs Canada last ..
PAUL TURENNE, WINNIPEG SUN - They asked for bathrooms, or at least porta-potties, and they got five-gallon pails.
Chiefs representing First Nations from the Island Lake area of northern Manitoba held a press conference Thursday to lament Ottawa's response to immediate, short-term help while they discuss how to hook the communities up with running water and proper sewage in the long term.
"They agreed to help us with short-term solutions. Their solutions are slop pails and 45-gallon drums. That's not acceptable," said Chief Dino Flett, of the Garden Hill First Nation. "In some houses, 15 people have to use that slop pail. That's not safe. That's not healthy."
Chiefs from the Island Lake area bands met with Indian and Northern Affairs Canada last ..
Treaty8- Northern Alberta,Sask.,BC,NWT
Treaty8
On June 21, 1899, the eighth treaty between the Indians of North America and the Queen of England was signed. The signatories of Treaty 8 agreed to its terms for reasons of peace and friendship - ensuring what they thought would be a partnership. Treaty 8 was the most comprehensive treaty, encompassing a land mass of approximately 840,000 kilometers, and is home to 39 First Nation communities. Treaty territory covers the areas of Northern Alberta, Northwestern Saskatchewan, Northeastern British Columbia, and the Southwest portion of the Northwest Territories.
On June 21, 1899, the eighth treaty between the Indians of North America and the Queen of England was signed. The signatories of Treaty 8 agreed to its terms for reasons of peace and friendship - ensuring what they thought would be a partnership. Treaty 8 was the most comprehensive treaty, encompassing a land mass of approximately 840,000 kilometers, and is home to 39 First Nation communities. Treaty territory covers the areas of Northern Alberta, Northwestern Saskatchewan, Northeastern British Columbia, and the Southwest portion of the Northwest Territories.
Vale Inco Nouvelle-Caladonie S.A.S. mines, extracts, and processes nickel and cobalt in the South of New Caledonia. The company was formerly known as Goro Nickel S.A. and changed its name to Vale Inco Nouvelle-Caladonie S.A.S. in December 2008. Vale Inco Nouvelle-Caledonie S.A.S. is based in Noumea, New Caledonia. Vale Inco Nouvelle-Calédonie S.A.S. operates as a subsidiary of Vale Inco.
Cain Lamarre Casgrain Wells/Francoise Tremblay
Professionals - fact sheets - Cain Lamarre Casgrain Wells
François G. Tremblay is a partner with the firm and has been practicing for 35 years in commercial, corporate, international, and First Nations affairs, as well as in constitutional law. He handles a range of major merger, acquisition, and consolidation cases and has substantial business experience from having served on the boards of a number of private and public corporations.
Mr. Tremblay has been closely involved in developing business partnerships between various public and private corporations and a number of Quebec’s native communities. He has also worked on land claims cases with the governments of Canada and Quebec. In addition, Mr. Tremblay has developed renowned expertise in the creation of limited partnerships and the implementation of investor protection mechanisms in the specific context governing this type of investment vehicle.
Francois G. Tremblay serves as a Partner of Cain Lamarre Casgrain Wells. Mr. Tremblay serves as Specific Projects Director of Vale Inco Nouvelle-Caledonie S.A.S. He has been a Director of Techcana, Inc. since June 2005. He served as a Director of AMISK Inc. from 1986 to 1999, notably has Corporate Secretary. Mr. Tremblay served as a Director of Tembec Industries Inc. since 1990 and Techcana, Inc. from 1990 to June 2005. He served as a Director of Tembec Inc. from 1990 ... to January 26, 2006. He is a lawyer and called to the Québec Bar in 1976 and his practice focuses on business law. Mr. Tremblay has graduated from McGill University (1975), Manitoba University, Ottawa University and is accredited by l'Institut des courtiers en valeurs mobilières since 1976.
François G. Tremblay is a partner with the firm and has been practicing for 35 years in commercial, corporate, international, and First Nations affairs, as well as in constitutional law. He handles a range of major merger, acquisition, and consolidation cases and has substantial business experience from having served on the boards of a number of private and public corporations.
Mr. Tremblay has been closely involved in developing business partnerships between various public and private corporations and a number of Quebec’s native communities. He has also worked on land claims cases with the governments of Canada and Quebec. In addition, Mr. Tremblay has developed renowned expertise in the creation of limited partnerships and the implementation of investor protection mechanisms in the specific context governing this type of investment vehicle.
Francois G. Tremblay serves as a Partner of Cain Lamarre Casgrain Wells. Mr. Tremblay serves as Specific Projects Director of Vale Inco Nouvelle-Caledonie S.A.S. He has been a Director of Techcana, Inc. since June 2005. He served as a Director of AMISK Inc. from 1986 to 1999, notably has Corporate Secretary. Mr. Tremblay served as a Director of Tembec Industries Inc. since 1990 and Techcana, Inc. from 1990 to June 2005. He served as a Director of Tembec Inc. from 1990 ... to January 26, 2006. He is a lawyer and called to the Québec Bar in 1976 and his practice focuses on business law. Mr. Tremblay has graduated from McGill University (1975), Manitoba University, Ottawa University and is accredited by l'Institut des courtiers en valeurs mobilières since 1976.
Specific Claims Tribunal Canada
Specific Claims Tribunal Canada
The Specific Claims Tribunal, established on October 16, 2008, is part of the Federal Government’s Justice at Last policy and joint initiative with the Assembly of First Nations aimed at accelerating the resolution of specific claims in order to provide justice for First Nations claimants and certainty for government, industry and all Canadians.
The term “specific claims” generally refers to monetary damage claims made by a First Nation against the Crown regarding the administration of land and other First Nation assets and to the fulfillment of Indian treaties that have not been accepted for negotiation or that have not been resolved through a negotiated settlement within a specified time frame.
The Specific Claims Tribunal, established on October 16, 2008, is part of the Federal Government’s Justice at Last policy and joint initiative with the Assembly of First Nations aimed at accelerating the resolution of specific claims in order to provide justice for First Nations claimants and certainty for government, industry and all Canadians.
The term “specific claims” generally refers to monetary damage claims made by a First Nation against the Crown regarding the administration of land and other First Nation assets and to the fulfillment of Indian treaties that have not been accepted for negotiation or that have not been resolved through a negotiated settlement within a specified time frame.
Specific Claims Tribunal Appointments Announced
Specific Claims Tribunal Appointments Announced
OTTAWA, November 27, 2009 — The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced the appointment of Mr. Justice Harry Slade of the Supreme Court of British Columbia, Mr. Justice Patrick Smith of the Superior Court of Justice of Ontario, and Madam Justice Johanne Mainville of the Superior Court of Quebec as full-time members of the Specific Claims Tribunal.
The Government of Canada is taking action to speed up the resolution of specific claims to provide justice to First Nation claimants and certainty for all Canadians. Canada's Specific Claims Action Plan has fundamentally altered the way specific claims are handled, bringing greater fairness, speed and transparency to the process. This action plan is delivering concrete results.
OTTAWA, November 27, 2009 — The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced the appointment of Mr. Justice Harry Slade of the Supreme Court of British Columbia, Mr. Justice Patrick Smith of the Superior Court of Justice of Ontario, and Madam Justice Johanne Mainville of the Superior Court of Quebec as full-time members of the Specific Claims Tribunal.
The Government of Canada is taking action to speed up the resolution of specific claims to provide justice to First Nation claimants and certainty for all Canadians. Canada's Specific Claims Action Plan has fundamentally altered the way specific claims are handled, bringing greater fairness, speed and transparency to the process. This action plan is delivering concrete results.
James Wilson named new treaty commissioner /June 2010
James Wilson named new treaty commissioner - Winnipeg Free PressJames Wilson of Opaskwayak Cree Nation has been named as the new Commissioner of the Treaty Relations Commission of Manitoba.
Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, together with Grand Chief Ron Evans of the Assembly of Manitoba Chiefs, announced the appointment today.
Wilson was most recently education director of OCN near The Pas. He holds a masters degree in education administration from the University of Manitoba.
The treaty commission is a neutral, arm's-length body that helps facilitate discussions about treaties. Treaty commissions are part of the government's ongoing commitment to address historic treaty issues through co-operative relationships with Treaty First Nations.
The Treaty Relations Commission of Manitoba was established jointly in 2005 by Canada and the Assembly of Manitoba Chiefs. The mandate of the Commission includes activities such as public education, facilitation and research. Since 2005, through new partnerships with Red River College, Riding Mountain National Park, University College of the North, and Winnipeg Police Services, the Commission has contributed to an improved understanding of historic treaties and treaty relationships, said federal officials.
Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, together with Grand Chief Ron Evans of the Assembly of Manitoba Chiefs, announced the appointment today.
Wilson was most recently education director of OCN near The Pas. He holds a masters degree in education administration from the University of Manitoba.
The treaty commission is a neutral, arm's-length body that helps facilitate discussions about treaties. Treaty commissions are part of the government's ongoing commitment to address historic treaty issues through co-operative relationships with Treaty First Nations.
The Treaty Relations Commission of Manitoba was established jointly in 2005 by Canada and the Assembly of Manitoba Chiefs. The mandate of the Commission includes activities such as public education, facilitation and research. Since 2005, through new partnerships with Red River College, Riding Mountain National Park, University College of the North, and Winnipeg Police Services, the Commission has contributed to an improved understanding of historic treaties and treaty relationships, said federal officials.
Tracy Campbell/ Alberta Enviroment/Lower Athabasca
Tracy Campbell has more than 20 years experience in Aboriginal
consultation, working for governments, First Nations and private industry. In
her recent work with Alberta Environment, Tracy contributed to the development
and implementation of the First Nations Consultation Guidelines for EPEA and
Water Act authorizations, including Environmental Impact Assessments. She has
managed Aboriginal and public consultation processes for developments in the
Athabasca oil sands region. Ms Campbell continues to work with the Dene Tha'
First Nation on a Land Use Management framework and to develop consultation
procedures and benefit agreements.
For further information: Marisha Roman, Law Society of Upper Canada,
mroman@lsuc.on.ca; Joanne Meyer, Métis Nation of Ontario, (613) 798-1488,
joannem@metisnation.org
consultation, working for governments, First Nations and private industry. In
her recent work with Alberta Environment, Tracy contributed to the development
and implementation of the First Nations Consultation Guidelines for EPEA and
Water Act authorizations, including Environmental Impact Assessments. She has
managed Aboriginal and public consultation processes for developments in the
Athabasca oil sands region. Ms Campbell continues to work with the Dene Tha'
First Nation on a Land Use Management framework and to develop consultation
procedures and benefit agreements.
For further information: Marisha Roman, Law Society of Upper Canada,
mroman@lsuc.on.ca; Joanne Meyer, Métis Nation of Ontario, (613) 798-1488,
joannem@metisnation.org
Metis Rights:
The Métis Nation of Ontario, in
partnership with the Law Society of Upper Canada will present an afternoon
symposium that explores Métis Rights in an Era of Consultation and
Accomodation, in Toronto on Friday March 27, 2009.
The Symposium and Panel Discussion subtitled New Obligations,
Opportunities and Outcomes, features a list of distinguished speakers who will
share their unique experiences in advancing Métis and Aboriginal rights and
self government issues in the area of resource development across Canada and
in the province of Ontario.
The event promises to bring understanding to specific Métis consultation
and accomodation issues and begins at 2 p.m. Guests will be welcomed by Gary
Lipinski, President of the Métis Nation of Ontario and Susan Hare of the Law
Society of Upper Canada. Speakers are Métis lawyers Jean Teillet, Partner,
Pate, Salter, Teillet, and Jason Madden of JTM Law, Bob Waldon, Director of
Natural Resources, Environment and Community Relations, Métis Nation of
Ontario and Aboriginal resource management expert, Tracy Campbell, a partner
with Calgary based Calliou Group. This prestigious event will be chaired by
Clint Davis, President and CEO of the Canadian Council of Aboriginal Business.
An evening reception with traditional Métis entertainment presented by
Roger and Aline Giroux will follow.
Bios of the speakers follow.
partnership with the Law Society of Upper Canada will present an afternoon
symposium that explores Métis Rights in an Era of Consultation and
Accomodation, in Toronto on Friday March 27, 2009.
The Symposium and Panel Discussion subtitled New Obligations,
Opportunities and Outcomes, features a list of distinguished speakers who will
share their unique experiences in advancing Métis and Aboriginal rights and
self government issues in the area of resource development across Canada and
in the province of Ontario.
The event promises to bring understanding to specific Métis consultation
and accomodation issues and begins at 2 p.m. Guests will be welcomed by Gary
Lipinski, President of the Métis Nation of Ontario and Susan Hare of the Law
Society of Upper Canada. Speakers are Métis lawyers Jean Teillet, Partner,
Pate, Salter, Teillet, and Jason Madden of JTM Law, Bob Waldon, Director of
Natural Resources, Environment and Community Relations, Métis Nation of
Ontario and Aboriginal resource management expert, Tracy Campbell, a partner
with Calgary based Calliou Group. This prestigious event will be chaired by
Clint Davis, President and CEO of the Canadian Council of Aboriginal Business.
An evening reception with traditional Métis entertainment presented by
Roger and Aline Giroux will follow.
Bios of the speakers follow.
Makvik Coorporation- Innuit /James Bay/Katavik
The James Bay and Northern Quebec Agreement was the first modern land claim.
Wednesday, April 20, 2011
Ming Song - Barrister and Solicitor
Songbird Law - Ming Song - Barrister and Solicitor
Founder and President of SBL, Ming Song has worked exclusively in the area of Aboriginal law representing First Nations since 1992. She began her career by articling and practicing with a national firm, providing litigation support and legal advice regarding aboriginal rights and title. Since then, she has spent her entire law career assisting First Nations with various aspects of self-government, reserve land, housing, taxation, corporate and commercial transactions, aboriginal rights and title, right of way issues, treaty, and economic development. In addition to her law practice, Ming was also an instructor at Capilano University teaching Business Law, Aboriginal Commercial Law and Tourism Law. Ming is also an active member of the Canadian Bar Association and currently sits as Co-Chair of the Vancouver Aboriginal Law Subsection and Member at Large of the National Aboriginal Law Section. Her community work includes sitting on the Board of Directors for Atira Women’s Resource Society, a non-profit organization that provides information, housing and support to abused women and children, and as a mentor to Aboriginal Law students as part of UBC Faculty of Law Aboriginal Students Association and to other female lawyers as part of the Women Lawyers Forum.
Founder and President of SBL, Ming Song has worked exclusively in the area of Aboriginal law representing First Nations since 1992. She began her career by articling and practicing with a national firm, providing litigation support and legal advice regarding aboriginal rights and title. Since then, she has spent her entire law career assisting First Nations with various aspects of self-government, reserve land, housing, taxation, corporate and commercial transactions, aboriginal rights and title, right of way issues, treaty, and economic development. In addition to her law practice, Ming was also an instructor at Capilano University teaching Business Law, Aboriginal Commercial Law and Tourism Law. Ming is also an active member of the Canadian Bar Association and currently sits as Co-Chair of the Vancouver Aboriginal Law Subsection and Member at Large of the National Aboriginal Law Section. Her community work includes sitting on the Board of Directors for Atira Women’s Resource Society, a non-profit organization that provides information, housing and support to abused women and children, and as a mentor to Aboriginal Law students as part of UBC Faculty of Law Aboriginal Students Association and to other female lawyers as part of the Women Lawyers Forum.
Inuit Culture | Inuit: Self Government:Makvik
Inuit Culture | Inuit: Self Government
As Canadian Inuit we look forward to, and are ready to meet the challenges of this new millennium. There are important problems to be solved and we realize that it will not be easy. It is our wish as Inuit to contribute to the well being of the earth, it’s living resources and all of the cultures that contribute to the rich diversity and strength of the human family.
As Canadian Inuit we look forward to, and are ready to meet the challenges of this new millennium. There are important problems to be solved and we realize that it will not be easy. It is our wish as Inuit to contribute to the well being of the earth, it’s living resources and all of the cultures that contribute to the rich diversity and strength of the human family.
--------------------------------------------------------------------------------
Land Claims:
The late 1960s and early 1970s were a critical turning point in the course of our social, economic and political development. Young Inuit leaders who had a new political vision of the role of our people within Canada joined forces with the elders who maintained a vision of our culture, in calling for a process of change to reshape the basic relationship between Inuit and the rest of Canada.
The late 1960s and early 1970s were a critical turning point in the course of our social, economic and political development. Young Inuit leaders who had a new political vision of the role of our people within Canada joined forces with the elders who maintained a vision of our culture, in calling for a process of change to reshape the basic relationship between Inuit and the rest of Canada.
As Canadian Inuit we look forward to, and are ready to meet the challenges of this new millennium. There are important problems to be solved and we realize that it will not be easy. It is our wish as Inuit to contribute to the well being of the earth, it’s living resources and all of the cultures that contribute to the rich diversity and strength of the human family.
As Canadian Inuit we look forward to, and are ready to meet the challenges of this new millennium. There are important problems to be solved and we realize that it will not be easy. It is our wish as Inuit to contribute to the well being of the earth, it’s living resources and all of the cultures that contribute to the rich diversity and strength of the human family.
--------------------------------------------------------------------------------
Land Claims:
The late 1960s and early 1970s were a critical turning point in the course of our social, economic and political development. Young Inuit leaders who had a new political vision of the role of our people within Canada joined forces with the elders who maintained a vision of our culture, in calling for a process of change to reshape the basic relationship between Inuit and the rest of Canada.
The late 1960s and early 1970s were a critical turning point in the course of our social, economic and political development. Young Inuit leaders who had a new political vision of the role of our people within Canada joined forces with the elders who maintained a vision of our culture, in calling for a process of change to reshape the basic relationship between Inuit and the rest of Canada.
Tuesday, April 19, 2011
Flood Bulletin #18
Province of Manitoba | News Releases | Flood Bulletin #18
•The number of evacuees from Peguis First Nation is now 622 people. This includes 43 students and 10 staff who are in Gimli to continue their Grade 12 studies.
•Rising Red River levels and loss of safe road access has resulted in the evacuation of 29 people from the RM of Montcalm and 21 people from the RM of Ritchot. There are also 22 people evacuated from a number of communities and rural municipalities because of overland flooding affecting safe road access.
•Closures at the railway crossings at Morris and Emerson will begin tomorrow to protect communities.
•In The Pas, flood protection activities are ongoing. Five pump stations are in 24-hour operation in the Carrot River Valley, just southwest of The Pas. Two Amphibex machines have been staged to break ice on the Saskatchewan River downstream of Ralls Island. The Carrot River, Salt Channel and Pasquia River dikes extend over 73 kilometres in the vicinity of The Pas to the Saskatchewan border to protect over 57,000 hectares of agricultural and residential land in the Carrot River Valley and Pasquia Polder area.
•Approximately 700 provincial staff are currently working on the flood response across southern Manitoba and in the The Pas area. In addition, there are municipal staff, private contractors and non-government agencies such as the Salvation Army, Mennonite Disaster Services and the Red Cross working on flood-fighting efforts throughout the province.
•The number of evacuees from Peguis First Nation is now 622 people. This includes 43 students and 10 staff who are in Gimli to continue their Grade 12 studies.
•Rising Red River levels and loss of safe road access has resulted in the evacuation of 29 people from the RM of Montcalm and 21 people from the RM of Ritchot. There are also 22 people evacuated from a number of communities and rural municipalities because of overland flooding affecting safe road access.
•Closures at the railway crossings at Morris and Emerson will begin tomorrow to protect communities.
•In The Pas, flood protection activities are ongoing. Five pump stations are in 24-hour operation in the Carrot River Valley, just southwest of The Pas. Two Amphibex machines have been staged to break ice on the Saskatchewan River downstream of Ralls Island. The Carrot River, Salt Channel and Pasquia River dikes extend over 73 kilometres in the vicinity of The Pas to the Saskatchewan border to protect over 57,000 hectares of agricultural and residential land in the Carrot River Valley and Pasquia Polder area.
•Approximately 700 provincial staff are currently working on the flood response across southern Manitoba and in the The Pas area. In addition, there are municipal staff, private contractors and non-government agencies such as the Salvation Army, Mennonite Disaster Services and the Red Cross working on flood-fighting efforts throughout the province.
Wuskwatim Project:
Manitoba Bar Association Mid-Winter Presentation January 27, 2006 – Gladue Panel “The Crown Perspective” – Anthony J. Kavanagh
The 1999 “Gladue” case provided significant direction for all of us in the Criminal Justice System, Crown, Judge and Defence alike. It directs us to consider – at the very least - the aboriginal background of the convicted at the time of sentencing per section 718.2 (e) of the Criminal Code.
When the case first came out, there was the usual misunderstanding by some in the media as to what this meant for aboriginal offenders. Some simplistic initial comments included the notion that somehow, all aboriginals were to get a “free pass” from incarceration. Of course this is not the formulae at all.
What the legislation and the Supreme Court really direct is to ensure that society take account of the unique history of the aboriginal offender. If we are to rehabilitate the offender, and reach the objectives of the Criminal Justice system, we must understand. The best way to do that is by means of what has become the “Gladue Brief”. This paper provides some general insight for and from the Crown but the real “meat” will be the sharing that takes place at the presentation by all the participants.
Learning Consultation: The Crown/Aboriginal Consultation Experience for the Wuskwatim Project
This article was presented by Mr. Gordon Hannon as a CLE at the 2007 Mid-Winter Meeting. It details the development of a First Nations consultation process in order to handle the proposed development of the Wuskwatim Dam and Transmission projects. It considers the fact that the Haida Nation and Taku River framework set out by the court do not necessarily apply in treaty situations which are typical in Manitoba. The article also discusses the findings of the court in Mikisew which did concern a treaty. Furthermore, the article lays out 17 principles that, based on case law, apply to the duty to consult.
Section Reports
The 1999 “Gladue” case provided significant direction for all of us in the Criminal Justice System, Crown, Judge and Defence alike. It directs us to consider – at the very least - the aboriginal background of the convicted at the time of sentencing per section 718.2 (e) of the Criminal Code.
When the case first came out, there was the usual misunderstanding by some in the media as to what this meant for aboriginal offenders. Some simplistic initial comments included the notion that somehow, all aboriginals were to get a “free pass” from incarceration. Of course this is not the formulae at all.
What the legislation and the Supreme Court really direct is to ensure that society take account of the unique history of the aboriginal offender. If we are to rehabilitate the offender, and reach the objectives of the Criminal Justice system, we must understand. The best way to do that is by means of what has become the “Gladue Brief”. This paper provides some general insight for and from the Crown but the real “meat” will be the sharing that takes place at the presentation by all the participants.
Learning Consultation: The Crown/Aboriginal Consultation Experience for the Wuskwatim Project
This article was presented by Mr. Gordon Hannon as a CLE at the 2007 Mid-Winter Meeting. It details the development of a First Nations consultation process in order to handle the proposed development of the Wuskwatim Dam and Transmission projects. It considers the fact that the Haida Nation and Taku River framework set out by the court do not necessarily apply in treaty situations which are typical in Manitoba. The article also discusses the findings of the court in Mikisew which did concern a treaty. Furthermore, the article lays out 17 principles that, based on case law, apply to the duty to consult.
Section Reports
Aboriginal Law Section
Aboriginal Law Section
Articles posted include:
2010 Mid-Winter CLPD - Making Sense of Statutory Interpretation
Compensation as Discipline in the Justified Infringement of Aboriginal Rights –PowerPoint- Professor Cherie Metcalf - MidWinter 2010
This presentation attempts to answer the following question: “would a liability to compensate aboriginal rights-holders help discipline governments so that rights fully valued and limited only when truly socially beneficial to do so?”
Compensation or Damages as a Remedy for Breaches of Indigenous Rights – Bob Adkins & Sacha R. Paul - MidWinter 2010
This paper attempts to start a dialogue about compensation for impacts on indigenous rights. Currently no substantial answers have been available from the courts on this issue and therefore the writing has also been limited. The authors explore this topic as a way of opening up discussion in the hopes that people will be more likely to consider compensatory damages as a remedy. The paper also looks at a number of theories on liability for compensation as well as American law and Mainville’s theory and considers the appropriateness of compensatory damages as a remedy.
Aboriginal Income & Section 87 of the Indian Act – Janesca Kydd
Do Aboriginal people really pay no taxes or is that just a misconception around section 87 of the Indian Act? Janesca Kydd uses the Williams decision and a few decisions post Williams which use the “connecting factors test” to examine the true meaning and function of section 87. The author examines the “new rules” regarding court decisions for tax exemption including what you need to claim an exemption and what the court will consider when looking at an exemption for employment income, business income, and investment income.
Articles posted include:
2010 Mid-Winter CLPD - Making Sense of Statutory Interpretation
Compensation as Discipline in the Justified Infringement of Aboriginal Rights –PowerPoint- Professor Cherie Metcalf - MidWinter 2010
This presentation attempts to answer the following question: “would a liability to compensate aboriginal rights-holders help discipline governments so that rights fully valued and limited only when truly socially beneficial to do so?”
Compensation or Damages as a Remedy for Breaches of Indigenous Rights – Bob Adkins & Sacha R. Paul - MidWinter 2010
This paper attempts to start a dialogue about compensation for impacts on indigenous rights. Currently no substantial answers have been available from the courts on this issue and therefore the writing has also been limited. The authors explore this topic as a way of opening up discussion in the hopes that people will be more likely to consider compensatory damages as a remedy. The paper also looks at a number of theories on liability for compensation as well as American law and Mainville’s theory and considers the appropriateness of compensatory damages as a remedy.
Aboriginal Income & Section 87 of the Indian Act – Janesca Kydd
Do Aboriginal people really pay no taxes or is that just a misconception around section 87 of the Indian Act? Janesca Kydd uses the Williams decision and a few decisions post Williams which use the “connecting factors test” to examine the true meaning and function of section 87. The author examines the “new rules” regarding court decisions for tax exemption including what you need to claim an exemption and what the court will consider when looking at an exemption for employment income, business income, and investment income.
Saturday, April 16, 2011
Lunch:J.Wilson/MB.Treaty Commissioner
12:00 | 1:30 LUNCH with Keynote speaker – James Wilson, Treaty Commissioner for Manitoba
The Treaty Relations Commission of Manitoba (TRCM) is a neutral body created through a partnership
between the Assembly of Manitoba Chiefs (AMC) and Canada, with a mandate to strengthen, rebuild and
enhance the Treaty relationship with mutual respect between First Nations and Manitobans. The TRCM aims
to enhance and maintain positive intergovernmental relations and cooperation, conduct independent
research that advances discussion on Treaty-related issues, and facilitate public understanding of the
importance and role of Treaty making in building a stronger and healthier nation.
1:30 | 4:30 SPECIFIC CLAIMS: PREPARATIONS, NEGOTIATIONS AND THE NEW TRIBUNAL
Focused on the “new era” of specific claims, to be adjudicated by the newly constituted Specific Claims
The Treaty Relations Commission of Manitoba (TRCM) is a neutral body created through a partnership
between the Assembly of Manitoba Chiefs (AMC) and Canada, with a mandate to strengthen, rebuild and
enhance the Treaty relationship with mutual respect between First Nations and Manitobans. The TRCM aims
to enhance and maintain positive intergovernmental relations and cooperation, conduct independent
research that advances discussion on Treaty-related issues, and facilitate public understanding of the
importance and role of Treaty making in building a stronger and healthier nation.
1:30 | 4:30 SPECIFIC CLAIMS: PREPARATIONS, NEGOTIATIONS AND THE NEW TRIBUNAL
Focused on the “new era” of specific claims, to be adjudicated by the newly constituted Specific Claims
Presented by the Canadian Bar Association’s National Aboriginal
Law Section and the Continuing Legal Education Committee.
2011 National Aboriginal Law Conference
Perspectives on Treaties
Between Aboriginal People and
the Crown
The 2011 National Aboriginal Law Conference will take place on
April 28 – 29 in beautiful Winnipeg, Manitoba.
This Conference will be of interest to Aboriginal leaders, lawyers,
and federal, provincial and territorial officials. Register now and
make plans to join us for this not-to-be missed program!
Join us for two days of stimulating discussions beginning with an
examination of historic and modern treaties from various
perspectives including those of First Nations, Inuit and Métis, as
well as the Federal and Provincial Crowns.
Practical and solution-oriented panels will explore techniques for
Law Section and the Continuing Legal Education Committee.
2011 National Aboriginal Law Conference
Perspectives on Treaties
Between Aboriginal People and
the Crown
The 2011 National Aboriginal Law Conference will take place on
April 28 – 29 in beautiful Winnipeg, Manitoba.
This Conference will be of interest to Aboriginal leaders, lawyers,
and federal, provincial and territorial officials. Register now and
make plans to join us for this not-to-be missed program!
Join us for two days of stimulating discussions beginning with an
examination of historic and modern treaties from various
perspectives including those of First Nations, Inuit and Métis, as
well as the Federal and Provincial Crowns.
Practical and solution-oriented panels will explore techniques for
12:00 | 1:30 LUNCH with Keynote speaker – Justice Harry Slade, Specific Claims Tribunal
The Specific Claims Tribunal was established pursuant to the Specific Claims Tribunal Act (Canada). The
purpose of the Tribunal is to decide issues of validity and compensation relating to the Specific Claims of First
Nations.
1:30 | 2:45 IMPLEMENTING TREATIES
How does a treaty move from paper to practice? How do we implement historic treaties in a modern context?
While a great deal of focus has been placed on the negotiation of "modern day" treaties, the parties have had to
address numerous issues while trying to implement such treaties.
Moderator: Bradley D. Regehr, D’Arcy & Deacon LLP
Speakers: Donald Nicholls, Director of Justice and Correctional Services for the
The Specific Claims Tribunal was established pursuant to the Specific Claims Tribunal Act (Canada). The
purpose of the Tribunal is to decide issues of validity and compensation relating to the Specific Claims of First
Nations.
1:30 | 2:45 IMPLEMENTING TREATIES
How does a treaty move from paper to practice? How do we implement historic treaties in a modern context?
While a great deal of focus has been placed on the negotiation of "modern day" treaties, the parties have had to
address numerous issues while trying to implement such treaties.
Moderator: Bradley D. Regehr, D’Arcy & Deacon LLP
Speakers: Donald Nicholls, Director of Justice and Correctional Services for the
Treaty provisions/ Litigate or Not
THRUSDAY APRIL 28
8:00 | 8:30 REGISTRATION
8:30 | 9:00 OPENING CEREMONY
Elder Wayne Scott, Gaa-biskigamaag (Swan Lake First Nation), Treaty No.1
9:00 | 9:15 OPENING PRAYER AND WELCOMING REMARKS
9:15 | 12:00 TREATY PERSPECTIVES
From historic treaty perspectives and their implementation, to modern treaties and legislated treaty
obligations, this panel will canvas treaties from various perspectives including those of First Nations, Inuit
and Métis, as well as the Federal and Provincial Crowns.
Moderator: Aimée Craft, LLM Candidate, University of Victoria
Speakers: Elder D'Arcy Linklater, Nisichawayasihk Cree Nation, AMC-TRCM Council of Elders
Elder Doris Pratt, Wikoza Wakpa (Sioux Valley Dakota Nation), AMC-TRCM Council of
Elders
JeanFrançois
Arteau, Legal Counsel and Executive Assistant to the President, Makivik
Corporation
Gord Hannon, Crown Counsel, Manitoba Justice, Civil Legal Services
Jason Madden, JTM Law
Irene Linklater, Executive Director, Assembly of Manitoba Chiefs
Federal Government Representative (TBC)
12:00 | 1:30 LUNCH with Keynote speaker – James Wilson, Treaty Commissioner for Manitoba
The Treaty Relations Commission of Manitoba (TRCM) is a neutral body created through a partnership
between the Assembly of Manitoba Chiefs (AMC) and Canada, with a mandate to strengthen, rebuild and
enhance the Treaty relationship with mutual respect between First Nations and Manitobans. The TRCM aims
to enhance and maintain positive intergovernmental relations and cooperation, conduct independent
research that advances discussion on Treaty-related issues, and facilitate public understanding of the
importance and role of Treaty making in building a stronger and healthier nation.
1:30 | 4:30 SPECIFIC CLAIMS: PREPARATIONS, NEGOTIATIONS AND THE NEW TRIBUNAL
Focused on the “new era” of specific claims, to be adjudicated by the newly constituted Specific Claims
Tribunal, this panel will address the new rules, the preparation of claims, and other practical considerations
relating to specific claims.
Moderator: Chris Devlin, Devlin Gailus Barristers and Solicitors
Speakers: Alan Pratt, Alan Pratt Law Firm
Justice Patrick Smith, Specific Claims Tribunal
Federal Government Representative (TBC)
6:00 | 10:00 DINNER WITH ENTERTAINMENT
Enjoy a historical and culinary experience at the Fort Gibraltar: Maison du Bourgeois. Nestled in a
reconstructed nineteenth century fur trade fort, we will enjoy a wonderful meal, accompanied by local
indigenous entertainment. Please join us for this uniquely Manitoban experience.
CONFERENCE ACCREDITATION:
The time spent attending this program (11.5 hours) may be applied towards the annual CPD requirement in British Columbia,
Northwest Territories, New Brunswick, Saskatchewan, Quebec and Ontario. (Please note that these CPD hours are not
accredited by the LSUC for the New Member Requirement or the Professionalism Credit for “ongoing members”, ie. with
2+ years of practice.)
FRIDAY, APRIL 29, 2010
09:00 | 10:30 LITIGATING TREATIES
To litigate or not to litigate? That is the question. To which we add: litigation strategies, common mistakes and
practical considerations.
Moderator: Ming Song, Songbird Law Corporation
Speakers: Chris Devlin, Devlin Gailus Barristers and Solicitors
Peter W. Hutchins, Hutchins Law Inc.
10:30 | 10:45 REFRESHMENT BREAK
10:45 | 12:00 NEGOTIATING TREATIES
Aboriginal peoples and the Crown continue to negotiate treaties through the federal comprehensive claims
process outside of British Columbia and a BC-specific treaty process. Hear from a senior negotiator for the
federal Crown in B.C. and chief legal counsel for the Innu Tribal Council of Mamuitun in Quebec, each currently
engaged in modern treaty-making.
Moderator: Jameela Jeerobukhan, Dionne Schulze LLP
Speakers: Lynne Partel, Associate Director General – NW, Department of Indian Affairs and Northern
Development, Negotiations West
François Tremblay, Cain Lamarre Casgrain Wells LLP
12:00 | 1:30 LUNCH with Keynote speaker – Justice Harry Slade, Specific Claims Tribunal
The Specific Claims Tribunal was established pursuant to the Specific Claims Tribunal Act (Canada). The
purpose of the Tribunal is to decide issues of validity and compensation relating to the Specific Claims of First
Nations.
1:30 | 2:45 IMPLEMENTING TREATIES
How does a treaty move from paper to practice? How do we implement historic treaties in a modern context?
While a great deal of focus has been placed on the negotiation of "modern day" treaties, the parties have had to
address numerous issues while trying to implement such treaties.
Moderator: Bradley D. Regehr, D’Arcy & Deacon LLP
Speakers: Donald Nicholls, Director of Justice and Correctional Services for the Grand Council of the Crees
of Eeyou Istchee/Cree Regional Authority
Tina Dion, Legal Counsel, Tsawwassen First Nation
Aimée Craft, LLM Candidate, University of Victoria
2:45 | 3:00 REFRESHMENT BREAK
3:00 | 4:15 ALTERNATIVES TO TREATIES
In an attempt to realize the goals of the New Relationship initiated by British Columbia and the First Nation
Leadership Council in 2005, the Province has entered into various reconciliation, settlement and benefits
agreements with various First Nations. In addition, BC has introduced Incremental Treaty Agreements as a way
of assisting First Nations as they negotiate final treaties. Join our panel as we analyze these agreements,
identify their advantages and disadvantages as well as what lessons were learned in the process.
Moderator: Allison Fenske, Thompson Dorfman Sweatman LLP
Speakers: Ming Song, Songbird Law Corporation
Chief Counsellor Marilyn Slett, Heiltsuk Tr
8:00 | 8:30 REGISTRATION
8:30 | 9:00 OPENING CEREMONY
Elder Wayne Scott, Gaa-biskigamaag (Swan Lake First Nation), Treaty No.1
9:00 | 9:15 OPENING PRAYER AND WELCOMING REMARKS
9:15 | 12:00 TREATY PERSPECTIVES
From historic treaty perspectives and their implementation, to modern treaties and legislated treaty
obligations, this panel will canvas treaties from various perspectives including those of First Nations, Inuit
and Métis, as well as the Federal and Provincial Crowns.
Moderator: Aimée Craft, LLM Candidate, University of Victoria
Speakers: Elder D'Arcy Linklater, Nisichawayasihk Cree Nation, AMC-TRCM Council of Elders
Elder Doris Pratt, Wikoza Wakpa (Sioux Valley Dakota Nation), AMC-TRCM Council of
Elders
JeanFrançois
Arteau, Legal Counsel and Executive Assistant to the President, Makivik
Corporation
Gord Hannon, Crown Counsel, Manitoba Justice, Civil Legal Services
Jason Madden, JTM Law
Irene Linklater, Executive Director, Assembly of Manitoba Chiefs
Federal Government Representative (TBC)
12:00 | 1:30 LUNCH with Keynote speaker – James Wilson, Treaty Commissioner for Manitoba
The Treaty Relations Commission of Manitoba (TRCM) is a neutral body created through a partnership
between the Assembly of Manitoba Chiefs (AMC) and Canada, with a mandate to strengthen, rebuild and
enhance the Treaty relationship with mutual respect between First Nations and Manitobans. The TRCM aims
to enhance and maintain positive intergovernmental relations and cooperation, conduct independent
research that advances discussion on Treaty-related issues, and facilitate public understanding of the
importance and role of Treaty making in building a stronger and healthier nation.
1:30 | 4:30 SPECIFIC CLAIMS: PREPARATIONS, NEGOTIATIONS AND THE NEW TRIBUNAL
Focused on the “new era” of specific claims, to be adjudicated by the newly constituted Specific Claims
Tribunal, this panel will address the new rules, the preparation of claims, and other practical considerations
relating to specific claims.
Moderator: Chris Devlin, Devlin Gailus Barristers and Solicitors
Speakers: Alan Pratt, Alan Pratt Law Firm
Justice Patrick Smith, Specific Claims Tribunal
Federal Government Representative (TBC)
6:00 | 10:00 DINNER WITH ENTERTAINMENT
Enjoy a historical and culinary experience at the Fort Gibraltar: Maison du Bourgeois. Nestled in a
reconstructed nineteenth century fur trade fort, we will enjoy a wonderful meal, accompanied by local
indigenous entertainment. Please join us for this uniquely Manitoban experience.
CONFERENCE ACCREDITATION:
The time spent attending this program (11.5 hours) may be applied towards the annual CPD requirement in British Columbia,
Northwest Territories, New Brunswick, Saskatchewan, Quebec and Ontario. (Please note that these CPD hours are not
accredited by the LSUC for the New Member Requirement or the Professionalism Credit for “ongoing members”, ie. with
2+ years of practice.)
FRIDAY, APRIL 29, 2010
09:00 | 10:30 LITIGATING TREATIES
To litigate or not to litigate? That is the question. To which we add: litigation strategies, common mistakes and
practical considerations.
Moderator: Ming Song, Songbird Law Corporation
Speakers: Chris Devlin, Devlin Gailus Barristers and Solicitors
Peter W. Hutchins, Hutchins Law Inc.
10:30 | 10:45 REFRESHMENT BREAK
10:45 | 12:00 NEGOTIATING TREATIES
Aboriginal peoples and the Crown continue to negotiate treaties through the federal comprehensive claims
process outside of British Columbia and a BC-specific treaty process. Hear from a senior negotiator for the
federal Crown in B.C. and chief legal counsel for the Innu Tribal Council of Mamuitun in Quebec, each currently
engaged in modern treaty-making.
Moderator: Jameela Jeerobukhan, Dionne Schulze LLP
Speakers: Lynne Partel, Associate Director General – NW, Department of Indian Affairs and Northern
Development, Negotiations West
François Tremblay, Cain Lamarre Casgrain Wells LLP
12:00 | 1:30 LUNCH with Keynote speaker – Justice Harry Slade, Specific Claims Tribunal
The Specific Claims Tribunal was established pursuant to the Specific Claims Tribunal Act (Canada). The
purpose of the Tribunal is to decide issues of validity and compensation relating to the Specific Claims of First
Nations.
1:30 | 2:45 IMPLEMENTING TREATIES
How does a treaty move from paper to practice? How do we implement historic treaties in a modern context?
While a great deal of focus has been placed on the negotiation of "modern day" treaties, the parties have had to
address numerous issues while trying to implement such treaties.
Moderator: Bradley D. Regehr, D’Arcy & Deacon LLP
Speakers: Donald Nicholls, Director of Justice and Correctional Services for the Grand Council of the Crees
of Eeyou Istchee/Cree Regional Authority
Tina Dion, Legal Counsel, Tsawwassen First Nation
Aimée Craft, LLM Candidate, University of Victoria
2:45 | 3:00 REFRESHMENT BREAK
3:00 | 4:15 ALTERNATIVES TO TREATIES
In an attempt to realize the goals of the New Relationship initiated by British Columbia and the First Nation
Leadership Council in 2005, the Province has entered into various reconciliation, settlement and benefits
agreements with various First Nations. In addition, BC has introduced Incremental Treaty Agreements as a way
of assisting First Nations as they negotiate final treaties. Join our panel as we analyze these agreements,
identify their advantages and disadvantages as well as what lessons were learned in the process.
Moderator: Allison Fenske, Thompson Dorfman Sweatman LLP
Speakers: Ming Song, Songbird Law Corporation
Chief Counsellor Marilyn Slett, Heiltsuk Tr
Program
■Métis, Inuit, First Nation and Crown perspectives on historic and modern treaties
■Litigating, negotiating and implementing treaties
■Alternatives to treaties
■Developments in the new specific claims process
■Litigating, negotiating and implementing treaties
■Alternatives to treaties
■Developments in the new specific claims process
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