7th Annual Conference on Indigenous Consultation & Engagement Atlantic - WEB

7th Annual Conference on Indigenous

Consultation & Engagement Atlantic

Engaging with communities, governments and industries on critical Indigenous challenges

October 4–5, 2023 • Atlantica Hotel Halifax, Halifax, N.S.

Hear from our Distinguished Speakers:

Highlights for 2023

CHEVRON-RIGHT CHIEFS & INDIGENOUS LEADERS PANEL: Top Priorities and Challenges for Leaders and Communities – and Pushing the Boundaries of Consultation

CHEVRON-RIGHT UNDRIP DRILL DOWN PANEL: How to Overcome Emerging Challenges of Implementing UNDRIP and the Impact on Consultation and Engagement

CHEVRON-RIGHT CASE STUDY: Emerging Trends in the Nuclear Sector and How it is Affecting Consultation and Engagement in Atlantic Canada

Two Practical Interactive Workshops to Enhance Your Skills

Workshop A:

Introduction to the Duty to Consult: Your Guide to Legal Consultation Obligations, What Triggers Consultation and Indigenous Rights

Workshop B:

Fundamentals of Drafting Contracts and Agreements for Indigenous Partnership from Joint-Ventures to Resources Revenue Sharing Agreements

Keith Smith UN Declaration Act Implementation Secretariat Justice Canada

John Desjarlais Executive Director Indigenous Resource Network

Sacha LaBillois President

JEDI (Joint Economic Development Initiative)

Mona Sidarous Regional Director, Environmental Protection Operations Directorate Environment and Climate Change Canada

As Mayor of Halifax and on behalf of Regional Council it is my distinct pleasure to extend warm greetings and a special welcome to all attending the 7th Annual Indigenous Consultation and Engagement Atlantic Conference.

Halifax Regional Municipality is located on the ancestral and unceded grounds of the Mi’kmaq people in the district of Mi’kma’ki. We acknowledge the Peace and Friendship Treaties

signed in this Territory and recognize we are all Treaty People.

Delegates of the 7th annual conference will be provided a non-partisan platform to make meaningful connections and engage in important discussions with Indigenous leaders, natural resource experts and key government officials.

Halifax is the place to be with its dynamic and intriguing mix of heritage and culture. Indeed, the Mi’kmaq people have called this land home for more than 13,000 years. A marquee destination embracing a diversity of people, communities, shops, restaurants and nightlife, our city will present you with a truly original experience.

Our culturally rich port city takes pride in our reputation as one of the world’s most hospitable and welcoming destinations. During your stay, I hope you take time to explore some of the rich history, culture, and natural beauty our region offers

I want to acknowledge, with gratitude, the Canadian Institute Indigenous Affairs Team and sponsors for hosting this important and timely event here in Halifax.

I wish you much success and trust your visit will be a truly memorable experience.

Kindest regards, Mike Savage

Mayor

From the recent implementation of the UNDRIP action plan, to landmark court cases which continue to force industry representatives to a higher level of accountability, and emerging trends in the nuclear sector, there is a lot of buzz around how developments will affect consultation and engagement in Atlantic Canada.

Join Canadian Institute’s 7th Annual Conference on Indigenous Consultation & Engagement Atlantic in Halifax, Nova Scotia on October 4 & 5, 2023 to delve into the legal obligations and regulations that govern Indigenous consultation and learn real applications for improving engagement strategies. Hear from our expert faculty as we address the most pressing challenges affecting consultation:

2023 Highlights

CHEVRON-RIGHT Analyzing the Most Significant Legal Developments and Courtroom Decisions Affecting Consultation

CHEVRON-RIGHT Emerging Trends in the Nuclear Sector and How it is Affecting Consultation and Engagement in Atlantic Canada

CHEVRON-RIGHT Overcoming Emerging Challenges of Implementing UNDRIP and the Impact on Consultation and Engagement

CHEVRON-RIGHT How Recent Land Claims Have Impacted the Consultation Process - What You Need to Know

CHEVRON-RIGHT Analyzing the Latest Game-Changing Natural Resource Projects in Atlantic Canada

Gather with Indigenous leaders, government representatives and natural resource companies to discuss some of the most contentious consultation issues seizing the east coast in a neutral non-partisan setting. I look forward to seeing you Halifax in October 2023.

Conference Co-Chairs 2023

Renée Pelletier Managing Partner Olthuis, Kleer, Townshend LLP

Tuma Young Lawyer & Indigenous Law Professor Cape Breton University

A series of major developments and changes in legislation are changing the way we look at consultation in Atlantic Canada.

Speaker Faculty

DISTING UISHED CO-CHAIRS:

Renée Pelletier

Managing Partner

Olthuis, Kleer, Townshend LLP

Tuma Young

Lawyer & Indigenous Law Professor Cape Breton University

FACULTY:

Nadir André Partner

Borden Ladner Gervais LLP

Jenica Atwin

Member of Parliament, Fredericton, New Brunswick

House of Commons

Karen Augustine

Director, Economy Building

Mi’gmawe’l Tplu’taqnn Inc. (MTI)

Melanie Campbell

Director

Canadian Minerals and Metals Plan

John Desjarlais

Executive Director

Indigenous Resource Network

Who You Will Meet

Sandra Gogal Partner

Cassels Brock & Blackwell LLP

Kristie Halka-Glazier Executive Director

Mi’gmawe’l Tplu’taqnn Inc. (MTI)

Claire Harris

Senior Advisor – Environment and Engagement – Advanced Reactor Development

NB Power

Catherine James Analyst

Crown-Indigenous Relations and Northern Affairs Canada

Sacha LaBillois President

JEDI (Joint Economic Development Initiative)

Tiffany Lee Director of Housing Strategy

Nova Scotia Native Women’s Association

Adam Levine

Team Leader, Indigenous Relations, and Participant Funding

Canadian Nuclear Safety Commission

Justine Maloney

Employment/Economic Development Coordinator

Nova Scotia Native Women’s Association

Tom Mann

Indigenous-Business Relations Gitpo Spirit Lodge

Samantha Noganosh

Lands, Resources and Environment Department Manager

Magnetawan First Nation

Rose Paul

CEO & President

Bayside Development Corporation

Marcus Poulette

Housing Director

We’koqma’q First Nation

Sven Scholtysik

Research Manager

Net Zero Atlantic

Derek Simon

Managing Partner

Burchell Wickwire Bryson LLP

Keith Smith

UN Declaration Act Implementation Secretariat

Justice Canada

Bruno Steinke

Senior Director, Consultation and Accommodation Unit

Crown-Indigenous Relations and Northern Affairs Canada

Dean Vicaire

Executive Director

Mi’kmaw Organization

Mi’gmawe’l Tplu’taqnn

Kimberley Zinck

Director General, Nòkwewashk (No-kwe-wahshk)

Natural Resources Canada

Chiefs and Councilors, Senior Executives, Directors and Managers of Indigenous Relations, Internal and External Affairs, Stakeholder Relations, Community Relations, Project Development, Environmental Planning, Government representatives and Corporate Affairs, Policy Analysts, In-House Counsel and Partners from:

and Organizations

OCTOBER 3, 2023

PRE-CONFERENCE WORKSHOPS

9:00am –12:30pm (Registration Opens 8:30am)

WORKSHOP A: Introduction to the Duty to Consult: Your Guide to Legal Consultation Obligations, What Triggers Consultation and Indigenous Rights

MICROPHONE Sandra Gogal, Partner, Cassels Brock & Blackwell LLP

This workshop will cover the essentials of Duty to Consult, examining the various aspects of the duty—the common law, treaties and legislation—and respective obligations, together with a range of topical issues including the following:

• Triggering the common law Duty to Consult, with consideration for gray areas such as infrastructure projects

• Legal requirements for fulfilling the duty to consult, often referred to as ‘legal minimums’

• Consultation obligations in treaty agreements, including implementing modern treaty obligations

• Consultation obligations pursuant to Bill S-3, the amendment to the Indian Act to provide new entitlements to registration

• Review of the peace and friendship treaty and how it affects consultation

• Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples

» Advancing reconciliation

» Recognizing rights

» Upholding the honour of the Crown

» Respecting and advancing

1:30–5:00pm (Registration Opens 1:00pm)

WORKSHOP B: Fundamentals of Drafting Contracts and Agreements for Indigenous Partnership from Joint-Ventures to Resources Revenue Sharing Agreements

MICROPHONE Nadir André, Partner, Borden Ladner Gervais LLP

The first 90 minutes of this session will be instructive with a real-life look at partnership contracts, clauses, and a focus on how to tailor contracts to your organization. There will be a 30-minute refreshment break. The last hour of this session will include interactive exercises.

• Understanding joint ventures, management agreements, partnerships, and strategic alliances

• Drafting consultation and accommodation policies and agreements

• Partnering with resource-sector business including forestry, mining, energy, construction, oil & gas, and tourism

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7:30 Registration Opens and Refreshments

8:45

Traditional Welcome

MICROPHONE Debbie Eisan, Employment and Training Director, Mi’kmaw Native Friendship Center

9:00

Conference Co-Chairs Opening Remarks

MICROPHONE Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshed LLP

Tuma Young, Lawyer & Indigenous Law Professor, Cape Breton University

9:15

UNDRIP DRILL DOWN PANEL: How to Overcome Emerging Challenges of Implementing UNDRIP and the Impact on Consultation and Engagement

MICROPHONE Kimberley Zinck, Director General, Reconciliation Implementation, Natural Resources Canada

Bruno Steinke, Senior Director, Consultation and Accommodation Unit, Crown-Indigenous Relations and Northern Affairs Canada

Keith Smith, UN Declaration Act Implementation Secretariat, Justice Canada

The Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act is changing the way professionals address consultation and engagement. This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations. This session will discuss the legal implementation and adoption of the legislation as well as unpacking how it is to work in practice.

• Incorporating cooperation, consultation, and collaboration with indigenous communities

• Implementing the provincial framework of UNDRIP

• Determining whether UNDRIP helps or hinders consultation

» How UNDRIP protects lands, water, and resources

» Review of how other provinces are using this a toolkit

• Determining where the federal government hopes to continue taking the plan

• How does this change the emerging definition of Duty to Consult

10:15 Networking Refreshment Break

10:30

Special Video Message from Fredericton MP

MICROPHONE Jenica Atwin, Member of Parliament, Fredericton, New Brunswick, House of Commons

10:45 HOT TOPIC

The UNDRIP Action Plan: Considerations for Economic and Resource Development

MICROPHONE John Desjarlais, Executive Director, Indigenous Resource Network

In this presentation, our audience will gain insights into the UNDRIP Action Plan and its implications for economic and resource development for Indigenous communities and industry. Focusing on key considerations that need to be taken into account to ensure the compatibility between these development activities and the rights of Indigenous peoples outlined in UNDRIP.

11:15

INTERACTIVE DISCUSSION TABLES

MICROPHONE Moderated by Conference Co-Chairs:

Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshed LLP

Tuma Young, Lawyer & Indigenous Law Professor, Cape Breton University

Join an interactive session where session delegates are invited to participate in round table discussion on their most burning questions, hear from ther peers and learn about different communities.

12:15 Networking Luncheon

1:30

CHIEFS & INDIGENOUS LEADERS PANEL: Top Priorities and Challenges for Leaders and Communities – and Pushing the Boundaries of Consultation

MICROPHONE Sacha LaBillois, President, JEDI (Joint Economic Development Initiative)

Samantha Noganosh, Lands, Resources and Environment Department Manager, Magnetawan First Nation

• Implementing cooperation, consultation, and collaboration with indigenous communities

• Adhering to protocol, best practices for getting started

• Decolonizing the engagement and consultation process

• Communicating information through the whole community

• Creating continuity from on a project when the people are changing

Introduction to the Canadian Minerals and Metals Plan (CMMP) and Critical Mining Development in Atlantic Canada

MICROPHONE Melanie Campbell, Director, Canadian Minerals and Metals Plan

Gain an introduction to the Canadian Minerals and Metals plan, with focus on Indigenous engagement and on CMMP targets and areas of action to Advancing the Participation of Indigenous Peoples.

• Critical Minerals program development (information on the work of the Critical Minerals Centre of Excellence)

• Departmental engagement standards

• Consultations expectations for mining companies

• Reference to NRCan’s Good Practices in Community Engagement and Readiness Guide

» Industry best practices

» MAC’s TSM

3:00 Afternoon Refreshment Break

3:15

» PDAC’s e3 Plus

» MiHR’s Mining Essentials

The Path to Developing Offshore Wind in Atlantic Canada

MICROPHONE Sven Scholtysik, Research Manager, Net Zero Atlantic

Join us for a discussion about building community capacity and leadership to help navigate potential opportunities and constraints related to offshore wind.

4:00

Closing Remarks and End of Day One

4:15

Social Opportunity: Movie Night & Q&A – “You Can Call Me Roger”

“Don’t miss this social opportunity to network with your peers and join us for movie night. “YOU CAN CALL ME ROGER” Depicts Assembly of First Nations Chief Roger Augustine’s (retired) life story and lived experience with the long assault against Indigenous People. This award-winning documentary provides a contextual window into the long history of colonialism and serves as an important vehicle for understanding, healing, and reconciling the relationship between Indigenous People and Canada. It is a story of hope for a better Canada. Chief Roger’s history as a leader plays out against examples where progresstrue progress - has been made despite the guilt, sympathy, and dismissal that remain to block perfectly achievable resolutions.

You Can Call Me Roger encourages Canadians from all backgrounds to recognize our complicity with a long history of broken promises and hardships against Indigenous People as well as the bold hope that Chief Roger has led and continues to offer towards true healing and reconciliation.

Plus! Join us for a live Q&A with the filmmaker, Jon Mann, Director and Filmmaker with Popular Demand Pictures!

8:00 Registration Opens and Refreshments are Served

9:00

Conference Co-Chairs Opening Remarks

MICROPHONE Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshend LLP

Tuma Young, Lawyer & Indigenous Law Professor, Cape Breton University

9:05 CASE STUDY

Emerging Trends in the Nuclear Sector and How it is Affecting Consultation and Engagement in Atlantic Canada

MICROPHONE Adam Levine, Team Leader, Indigenous Relations, and Participant Funding, Canadian Nuclear Safety Commission

• Update on the latest trends and projects in the nuclear sector, including in Atlantic Canada

• An overview of the Canadian Nuclear Safety Commission (CNSC) and the CNSC’s approach to consultation and engagement for both integrated impact assessments and non-designated projects

• Best practices for long-term engagement, collaboration and relationship building, including the CNSC’s new life-cycle capacity funding support program: the Indigenous and Stakeholder Capacity Fund

9:45 LEGAL PANEL

Recent Developments in Consultation Law and Practice

MICROPHONE Derek Simon, Managing Partner, Burchell Wickwire Bryson LLP

Tuma Young, Lawyer & Indigenous Law Professor, Cape Breton University

Focusing on significant legal developments in the duty to consult, this session will delve into recent case law, legislative changes, and practical tools being developed by Indigenous Peoples to address the duty to consult and accommodate.

• Navigating recent legal trends affecting consultation

• Analyzing recent and benchmark court room cases, including:

» Yahey v. British Columbia (2021)

» Southwind v Canada (2021)

• Considering the impact of legislative changes, including the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA)

• Looking at tools used by Indigenous Peoples to manage the consultation process

10:45 Morning Networking Session & Refreshment Break

#IndigenousATL linkedin: VOICES: Bringing Together Indigenous, Industry and Government Perspectives

How Recent Land Claims Have Impacted the Consultation Process

What You Need to Know

MICROPHONE Renée Pelletier, Managing Partner, Olthuis, Kleer, Townshend LLP

John Desjarlais, Executive Director, Indigenous Resource Network

• Understanding the implications for relations between industry, first nations, regulators, and government

• Exploring comprehensive claims, also known as a modern treaty, and the impact on Indigenous rights

• Determining what can warrant a specific claim, including unmet government obligations under historical treaties, or the Indian Act

• Examining differences between consultations processes when there is a land claim, pending or resolved

12:00 Networking Luncheon

1:00 INDUSTRY PANEL

Best Practices for Collaborating with First Nation Groups on Natural Resource Projects

MICROPHONE Claire Harris, Senior Advisor – Environment and Engagement – Advanced Reactor Development, NB Power

Dean Vicaire, Executive Director, Mi’kmaw Organization Mi’gmawe’l Tplu’taqnn

Karen Augustine, Director, Economy Building, Mi’gmawe’l Tplu’taqnn Inc. (MTI)

Kristie Halka-Glazier, Executive Director, Mi’gmawe’l Tplu’taqnn Inc. (MTI)

• Exploring priorities and initiatives for consultation and relationship building

• Analyzing the federal government’s latest guidance document on engaging with First Nation communities

• Debating best practices for capacity building to ensure First Nation groups can participate in their own projects

• Outlining different methods of training to First Nation groups

• Determining how to effectively source funding

• Evaluating whether an Indigenous group or community group is interested in your project

• Tailoring engagement and consultation practices to specific regions, and specific communities

2:00

Deep Dive into the Aboriginal Rights and Information System

MICROPHONE Catherine James, Analyst, Crown-Indigenous Relations and Northern Affairs Canada

The Aboriginal and Treaty Rights Information System (ATRIS) is a web-based, geographic information system that locates Indigenous nations, groups, communities, and organizations and displays information pertaining to their potential or established Aboriginal or treaty rights. An overview of ATRIS and its main functions will be provided. Participants will also learn about how information is organized in ATRIS and how to conduct their own consultation research.

2:30

GOVERNMENT INSIGHTS: Priorities and Initiatives for Consultation Relationship Building

MICROPHONE Adam Levine, Team Leader, Indigenous Relations, and Participant Funding, Canadian Nuclear Safety Commission

This discussion will address the consultation priorities of government speakers as well as the barriers and pathways to achieve those priorities.

• Knowing with whom to consult, including who speaks for which organizations, off-reserve groups, and native councils

• Consulting amid overlapping territories

• Identifying when consultation is legitimate and when it will be questioned

3:00

Breaking Down Barriers to Economic Development for First Nations Communities: Best Practices for Development Partnerships and Achieving Mutual Growth Opportunities

MICROPHONE Tom Mann, Indigenous-Business Relations, Gitpo Spirit Lodge

Justine Maloney, Employment/Economic Development Coordinator, Nova Scotia Native Women’s Association

Rose Paul, CEO & President, Bayside Development Corporation

• Reviewing the Indigenous Champion file and understanding how it aims to increase the number of business opportunities for Fist Nation Communities in Atlantic Canada

• Determining how to expand traditional knowledge including Indigenous culture and history, and understanding how it impacts project development

• Developing strategies to for renewable energy growth and Indigenous involvement

» Understanding power purchase agreements, royalties, and solar technologies

3:45

Closing Remarks from the Conference Co-Chairs Conference Concludes

WORRY FREE Registration GUARANTEE

The Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “The Canadian Institute”.

Hotel: Atlantica Hotel Halifax

Address: 1980 Robie Street Halifax, Nova Scotia B3H 3G5

Reservations: 1-888-810-7288 or reservations@atlanticahalifax.com

Please note that the guest room block cut-off date is September 3, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

EARN CPD CREDITS Book with confidence!

Register and pay to lock in your early rate and be eligible for a full refund until September 20.

If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by September 20.

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LEGAL ACCREDITATION

This 3-day conference program can be applied towards 4.5 substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. As well Workshop A and Workshop B can both be applied toward 3 hours substantive hours.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia

The Barreau do Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

The Law Society of Saskatchewan recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for approval.

ONLINE: CanadianInstitute.com/IndigenousAtlantic  EMAIL: CustomerService@CanadianInstitute.com

*APPLICABLE TAXES WILL BE ADDED

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7th Annual Conference on Indigenous Consultation & Engagement Atlantic

Conference – Regular Price

Conference – Indigenous, Government and Non-Profit Organizations†

Workshops (A/B) Add these Workshops to your Main Conference Pass or Book Separately

Workshop A: Introduction to the Duty to Consult: Your Guide to Legal Consultation Obligations, What Triggers Consultation and Indigenous Rights

Workshop B: Fundamentals of Drafting Contracts and Agreements for Indigenous Partnership from Joint-Ventures to Resources Revenue Sharing Agreements

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REGISTRATION CODE: B00-377-377W24.WEB

CONFERENCE CODE: 377W24-HAL

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