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