16th Annual Conference on Western Indigenous Consultation & Engagement - WEB

EARN CPD CREDITS

The must-attend event for Indigenous Consultation professionals in Western Canada

16th Annual Conference on

Special Rates for Oilers Games on February 21 & 23!

Western Indigenous

Consultation & Engagement February 21–22, 2024 | Matrix Hotel, Edmonton, AB

Engaging with communities, governments, and industries on critical challenges affecting Canada’s natural resources sector

KEYNOTE ADDRESS Desmond Bull Chief Louis Bull Tribe

Conference Co-Chairs: Shaleigh Raine Lands and Consultation Manager Louis Bull Tribe Meaghan Conroy Partner MLT Aikins LLP

Insights from: Terry Mitchell Vice-President, Indigenous Relations Graham Construction & Engineering Robb Campre Member Fort Mckay First Nation

Highlights for 2024 y What You Need to Know About the Implementation of the United Nations Declaration in Action and the Impact on Consultation y How Indigenous-Owned Cleaned Energy Projects Secured $175M in Funding in Alberta y Aftermath of the Blueberry River Court Decision: How to Effectively Assess Cumulative Effects and the Impact Assessment of a Project y How Natural Resource Companies are Successfully Collaborating with Indigenous Communities on Project Development y Strengthening Relationships: Understanding Cultural Protocols During Consultation and Engagement

Plus! Enhance Your Experience with Pre-Conference Workshops on February 20 Workshop A

Duty to Consult Fundamentals: A Complete and Practical Guide to Treaty Rights and Laws for the Consultation Manager

Workshop B

HYPOTHETICAL SCENARIOS Duty to Consult: What Will (and Will Not) Trigger the Duty to Consult

Supporting Sponsor

REGISTER NOW CanadianInstitute.com/WesternIndigenous • 888 224 2480

Consultation practices are changing drastically across Western Canada’s natural resources sector.

From Canada’s implementation of United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP) to the precedent-setting Blueberry River court decisions – there is evidence that the minimum standard is no longer tolerated.

How will your team keep up with consultation demands while maintaining meaningful relationships?

Join the Canadian Institute’s 16th Annual Western Indigenous Consultation & Engagement Conference, taking place in Edmonton, AB on February 21 & 22, 2024 as our expert speaker faculty addresses the most critical challenges affecting consultation professionals working in the natural resources sector.

Highlights for 2024 » Self-Government Agreements and Modern Land Claims » Strengthening Rights Based Relationships in an Urban Context: Municipalities and the Duty to Consult » How Legal Cases are Affecting Consultation Practice » How to Incorporate Indigenous Traditional Knowledge (ITK) into a Natural Resources Sector Projects – And What Can Go Wrong » Resource Revenue Sharing Agreements: How Provincial Governments are Now Addressing Negotiations and What is Going to Court Make this event part of your consultation strategy by learning alongside delegates from Indigenous communities and organizations, government agencies and natural resources sector industries.

We look forward to seeing you in Edmonton in February!

WHO YOU WILL MEET Chiefs and Councilors, Senior Executives, Directors and Managers of: From:

• Indigenous Relations

• Project Development

• Policy Analysts

• Internal and External Affairs

• Environmental Planning

• In-House Counsel and Partners

• Stakeholder Relations, Community Relations

• Government and Corporate Affairs

Indigenous Communities

Provincial and Federal Government

Oil and Gas

Mining and Exploration

Power Generation and Transmission

Agriculture and Forestry

Engineering and Environmental Services

Law Firms

2 | LINKEDIN VOICES: Bringing Together Aboriginal, Industry and Government

Conference Co-Chairs Shaleigh Raine Lands and Consultation Manager Louis Bull Tribe Meaghan Conroy Partner MLT Aikins LLP

Distinguished Faculty Melvin Abraham Consultation Coordinator Frog Lake First Nation Todd Bailey Forestry Director Swan River First Nations Morgan Bamford Senior Manager Indigenous Relations EPCOR Jeremy Barretto Partner Cassels Brock & Blackwell LLP Harold Blyan Councillor Buffalo Lake Métis Settlement Desmond Bull Chief Louis Bull Tribe Delanie Bulldog Indigenous Relations Manager, Strategic Opportunities First Nations Financial Management Board

Robb Campre Member Fort Mckay First Nation Troy Chalifoux, B.A., L.L.B Executive Director, Negotiations Maurice Law Melanie Daniels Director Chickadee Indigenous Relations Ltd. Callie Davies-Flett Regulatory Advisor Athabasca Chipewyan First Nation Eriel Deranger Executive Director Indigenous Climate Action Devin Gambler Owner Pamihtâw Consulting Inc. Florence Glanfield, PhD Vice-Provost (Indigenous Programming & Research) University of Alberta Bryn E. Gray Partner McCarthy Tétrault LLP Brian Fung Manager, Government Relations Athabasca Chipewyan First Nation Catherine James Analyst Crown-Indigenous Relations and Northern Affairs Canada

David K. Laidlaw Research Fellow Canadian Institute of Resources Law University of Calgary Ryan M. Lake Partner Maurice Law Jeremy Makokis CEO and Founder Turtle Island Solutions Violet M. Meguinis Consultation Director Tsuut’ina Nation William (Bill) Mcelhanney, K.C. Partner Ackroyd LLP Jaimy Miller Director, Indigenous Relations, Social Development, Community Services City Of Edmonton Terry Mitchell Vice-President, Indigenous Relations Graham Construction & Engineering Mark Sinclair Industry Consultation Peavine Métis Settlement Monika Wilson Vice President Fort McKay Landing Carol M. Wildcat Consultation Coordinator Ermineskin Cree Nation

Kate Kempton Senior Counsel Woodward & Company LLP

Legal Accreditation EARN CPD CREDITS

This 2-day conference can be applied towards 5 substantive hours of annual Continuing Professional Development (CPD) required by the Law Society of Ontario. Members will also receive an additional 3 substantive hours at each pre-conference workshop.

Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.

The same number of hours may be applied toward your continuing legal education requirements in British Columbia.

The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

REGISTER NOW CanadianInstitute.com/WesternIndigenous • 888 224 2480

Pre-Conference Workshops Tuesday, February 20, 2024

A

8:30–12:00 (Registrations Opens at 8:00)

Duty to Consult Fundamentals: A Complete and Practical Guide to Treaty Rights and Laws for the Consultation Manager

Microphone Melanie Daniels, Director, Chickadee Indigenous Relations Ltd. Violet M. Meguinis, Consultation Director, Tsuut’ina Nation Darlene Paradis, GIR Director, Government & Industry Relations, Beaver Lake Cree Nation This session will take an in-depth look at the Government of Canada’s Duty to Consult legal statute.

Part One: Fundamentals

B

1:00–4:30 (Registrations Opens at 12:30)

HYPOTHETICAL SCENARIOS Duty to Consult: What Will (and Will Not) Trigger the Duty to Consult

Microphone Melanie Daniels, Director, Chickadee Indigenous Relations Ltd. David K. Laidlaw, Research Fellow, Canadian Institute of Resources Law, University of Calgary During this interactive workshop, delegates will benefit from working through real-life examples and hypothetical scenarios of what can trigger the Duty to Consult, the grey areas that might trigger consultation, and how to proceed in various instances.

• Examining the legal requirements

• Know your day-to-day operations and how to find efficiencies Discussing costs incurred from fulfilling the consultation process, who usually pays

• The meaning and intent of the Duty to Consult

• Tracking referrals and timelines

• Deciphering what triggers the Duty to Consult, the types of projects, and grey areas

• Determining when consultation is required, examining Crown Corporations, Crown Agents, and Municipalities

• Analyzing the role of the Crown, the regulator, and other groups Calculating whether the duty has been sufficiently met

• Examining how changes in the original project agreement may or may not trigger consultation

Part Two: Documents • Examining the significant documents, what to look for, and what to do next Environmental Assessments

• Analyzing the consultation role of third-party contractors • Troubleshooting the consultation process when the contact person changes roles

» Technical documents » Filing permits Part Three: Court Case Review • Beckman v. Little Salmon/Carmacks First Nation (2011) • Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council (2011) • Haida Nation v. British Columbia (Minister of Forests) (2004) • Taku River Tlingit First Nation v. British Columbia (Project Assessment Director) (2004)

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• Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) (2004)

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4 | LINKEDIN VOICES: Bringing Together Aboriginal, Industry and Government

main conference day one wednesday, February 21, 2024

11:30

Strengthening Rights Based Relationships in an Urban Context: Municipalities and the Duty to Consult 7:30

Registration Opens and Breakfast Is Served

8:30

Microphone Jaimy Miller, Director, Indigenous Relations, Social Development, Community Services, City Of Edmonton

Remarks from the Co-Chairs

Morgan Bamford, Senior Manager, Indigenous Relations EPCOR

Microphone Shaleigh Raine, Lands and Consultation Manager, Louis Bull Tribe

Ryan M. Lake, Partner, Maurice Law

Meaghan Conroy, Partner, MLT Aikins LLP 8:45

Traditional Welcome 9:00

KEYNOTE ADDRESS Microphone Desmond Bull, Chief, Louis Bull Tribe

Municipalities, corporations, and industry are increasingly undertaking projects and partnerships with rights bearing First Nations and Métis communities, in regards to the duty to consult, Indigenous intergovernmental relations, and economic reconciliation in an urban context.

12:30

Networking Luncheon

1:45

LEGAL PANEL

How Legal Cases are Affecting Consultation Practice Microphone Meaghan Conroy, Partner, MLT Aikins LLP Kate Kempton, Senior Counsel, Woodward & Company LLP

9:30

William (Bill) Mcelhanney, K.C., Partner, Ackroyd LLP

Urban ATR as a Tool for Economic Sovereignty Microphone Troy Chalifoux, B.A., L.L.B, Executive Director, Negotiations, Maurice Law 10:15

Morning Networking and Refreshment Break

10:30

INDIGENOUS LEADERS PANEL

Focusing on significant legal developments in the duty to consult, this session will explore recent case law and practical resources developed by Indigenous Peoples to fulfill the duty to consult and accommodate.

• Exploring current legal cases that are influencing consultation procedures, including: » First Nation of Na-Cho Nyäk Dun v Yukon (Government of), (2023) YKSC » Gitxaala v British Columbia (Chief Gold Commissioner), (2023) BCSC

How UNDRIP is Changing the Duty to Consult and the Evolving Meaning of Consultation - Done Well!

Microphone Eriel Deranger, Executive Director, Indigenous Climate Action Brian Fung, Manager, Government Relations, Athabasca Chipewyan First Nation Robb Campre, Member, Fort Mckay First Nation Callie Davies-Flett, Regulatory Advisor, Athabasca Chipewyan First Nation • Examining a “then and now” review of treaties in Northern Canada on the 30th Anniversary of the Modern Northern Land Claims Agreements • Examining the federal government’s efforts to develop resources in First Nation communities • Decolonizing the process of engagement and consultation • Communicating information throughout the entire community

» Whiteduck v Ontario, (2023) ONCA » Reference re Impact Assessment Act SCC 2:45

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 webbased, geographic information system that locates Indigenous nations, groups, communities, and organizations and displays information pertaining to potential or established treaty rights. Join us for an overview of ATRIS, its main functions and how it impacts Western Canada.

Participants will also learn how information is organized and how to conduct their own consultation research.

REGISTER NOW CanadianInstitute.com/WesternIndigenous • 888 224 2480

main conference day TWO 3:15

thursday, February 22, 2024

Afternoon Networking and Refreshment Break

3:30

Roadmap: A Path Towards Economic Reconciliation Microphone Delanie Bulldog, Indigenous Relations Manager, Strategic Opportunities, First Nations Financial Management Board 4:15

How to Incorporate Indigenous Traditional Knowledge (ITK) into a Natural Resources Sector Project – And What Can Go Wrong Microphone Mark Sinclair, Industry Consultation, Peavine Métis Settlement • Examining how Indigenous Traditional Knowledge and Western Science can be applied to projects in the natural resources sector • Collaborating and engaging with Indigenous communities • Sharing information and research and what is kept confidential • Establishing financial arrangements and supports, setting financial priorities and understanding budgetary constraints • Analyzing the process of drafting agreements including the duration, termination, and renewal process 5:00

Closing Remarks from the Conference Co-Chairs Conference Adjourns to Day Two

8:00

Registration Opens and Breakfast Is Served

9:00

Remarks from the Co-Chairs Microphone Shaleigh Raine, Lands and Consultation Manager, Louis Bull Tribe Meaghan Conroy, Partner, MLT Aikins LLP 9:15

Aftermath of the Blueberry River Court Decision: How to Effectively Assess Cumulative Effects and the Impact Assessments of a Projects Microphone Carol M. Wildcat, Consultation Coordinator, Ermineskin Cree Nation Bryn E. Gray, Partner, McCarthy Tétrault LLP This session will focus on the precedent-setting British Columbia Supreme Court decision which ruled that the Treaty Rights of Blueberry River First Nation were infringed upon through the cumulative effects of decades of natural resource developments. Points of discussion will include: • Examining how the Blueberry River court decision is affecting development projects • Identifying how the court decision is being applied to consultation and engagement in land-use planning • Deciphering the effect on future natural gas development in the region and across Canada • Debating how government agencies could engage with First Nations to ensure effective collaboration and cumulative effects assessment • Determining the new legal obligation as a result of the court decision 10:15

hands-helping Global Sponsorship Opportunities

Morning Networking Break

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent.

For more information please contact us at: The Canadian Institute. SponsorInfo@CanadianInstitute.com

6 | LINKEDIN VOICES: Bringing Together Aboriginal, Industry and Government

10:30

How Natural Resource Companies are Successfully Collaborating with Indigenous Communities on Project Development Microphone Terry Mitchell , Vice-President, Indigenous Relations, Graham Construction & Engineering • Assessing the level of interest from Indigenous or community groups in your project • Developing skills and resources to enable the active involvement of First Nation groups in their own initiatives • Analyzing various approaches to training for First Nation communities • Establishing effective means of securing funding • Customizing engagement and consultation methods to suit regions and communities • Developing best practices for developers

• Improving the quantity of commercial prospects for western Canadian Fist Nation Communities » Strategizing ways to include Traditional Knowledge, including culture and history, and its affect on project development » Examining royalties and power purchase agreements 2:00

SUCCESS STORIES

Analyzing the Success of Top-of-Mind Natural Resource Projects in Western Canada Microphone Melvin Abraham, Consultation Coordinator, Frog Lake First Nation Examine the projects taking place in Western Canada and what you can learn from their successes. Learn how these projects will impact future participation and consultation, as well as the status and schedules of mining, forestry, and nuclear. The following projects will be discussed:

• Navigating the dynamics of different industry and Indigenous leadership styles

• McLeod Lake Indian Band $5B energy hub

• Fostering the relationship after the completion of the consultation process and what happens next

• TC Energy’s $5B project

11:15

Strengthening Relationships: Understanding Cultural Protocols During Consultation and Engagement Microphone Terry Mitchell, Vice-President, Indigenous Relations, Graham Construction & Engineering Florence Glanfield, PhD, Vice-Provost (Indigenous Programming & Research), University of Alberta Placing Indigenous knowledge at the forefront of consultation is crucial for ensuring meaningful engagement. In this session, gain a deeper understanding of how consultation protocols facilitate engagement.

Points of discussion will include:

• Historic Costal Gas Link pipeline ownership agreement • Landmark equity pipeline partnership between Enbridge and 23 Indigenous communities • Commission on Rocky Mountains coal mine 2:45

Networking Break

3:00

How to Negotiate Business Contracts and Joint Venture Agreements for Indigenous Partnerships Microphone Jeremy Barretto, Partner, Cassels Brock & Blackwell LLP Monika Wilson, Vice President, Fort McKay Landing Jeremy Makokis, CEO and Founder, Turtle Island Solutions

• Exploring how protocols foster the development of relationships and establish clear roles and responsibilities between governments and Indigenous communities

• Negotiating practical graduated agreements and arrangements

• Examining the advantages of protocols for Aboriginal communities

• Optimizing a resource revenue sharing agreement to benefit your community

• Assessing the potential outcomes that can be achieved through the implementation of a consultation protocol • Distinguishing the differences between the ideologies of companies and Indigenous communities • Analyzing the significance of gift offerings in the consultation process 12:15

Networking Luncheon

1:15

HOT TOPIC

Indigenous Economic Development: Balancing Community and Industry Priorities and Achieving Mutual Growth Opportunities in First Nation Communities Microphone Devin Gambler, Owner, Pamihtâw Consulting Inc. • Identifying the corporate and tax considerations unique to Indigenous owned projects • Examining the challenges that arise when signing Indigenous communities as co-owners of a project

• Applying Impact Benefit Agreement (IBA) to different sectors including the mining sector, forestry, and green energy projects

• Identifying options for structuring Joint Ventures 4:00

Resource Revenue Sharing Agreements: How Provincial Governments are Now Addressing Negotiations and What is Going to Court Microphone Harold Blyan, Councillor, Buffalo Lake Métis Settlement Todd Bailey, Consultation Director, Swan River First Nation Discover new ways of implementing resources revenue sharing into project agreements, from the natural resource projects, mining energy, gas, and forestry industry.

4:45

Co-Chairs Closing Remarks End of Conference

• Analyzing how Indigenous ownership changes the consultation and regulatory approval process

REGISTER NOW CanadianInstitute.com/WesternIndigenous • 888 224 2480

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Register and pay to lock in your early rate and be eligible for a full refund until February 7, 2024.

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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 “Indigenous Consultation & Engagement”.

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

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After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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MAIN CONFERENCE Standard Attendance

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$2,295

Indigenous communities, non-profit & government organizations †

$1,895

$1,995

Bringing a Team?*

HANDS-ON PRE-CONFERENCE WORKSHOPS - BRING YOUR TEAM! A: Duty to Consult Fundamentals: A Complete and Practical Guide to Treaty Rights and Laws for the Consultation Manager February 20, 2024 | 8:30am - 12:00pm

$495

B: Hypothetical Scenarios – Duty to Consult: What Will (and Will Not) Trigger the Duty to Consult February 20, 2024 | 1:00pm - 4:30pm

$495

All program participants will receive an online link to access the conference materials as part of their registration fee.

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* Team/group registrations must be from the same organization/ firm and register together in one transaction. †

Only Indigenous Communities, Non-Profit and Government employees qualify for this special pricing offer. This special price cannot be combined with group rates or any other special offer.

CI reserves the right to review eligibility for this rate.