15th Annual Conference on Eastern Indigenous Consultation & Engagement - WEB

&

eastern Indigenous Consultation Engagement

Let’s

Keynote Address:

Indigenous consultation in Canada comes with unique challenges

Since 2023, a lot of progress has been made in cumulative effects, overlapping territories, and provincial UNDRIP implementation. However, there is still work to do.

Governments are feeling pressure from Canadians to expand infrastructure while Indigenous groups strive to balance economic development and cumulative effects. Industry needs to move quickly to keep up with demand, but development decisions take coordination, time and effort to achieve.

Join consultation professionals from across the region at the Canadian Institute’s 15th Annual Conference on Eastern Indigenous Consultation and Engagement in Toronto on May 21–22, 2024, as we share lessons learnt and continue to build strategies to carry us into the next year of consultation in Canada. Don’t miss Post-Conference workshops on May 23, 2024.

What’s New in 2024:

MAJOR PROJECTS AND NEW DEVELOPMENTS IN ONTARIO: The Status of Ongoing Consultations and Ensuring Best Practices

CASE STUDY: Climate Change and Energy Transition Projects in Québec

CONSULTATION PROCESSES: Using Behavioral Science to Find Efficiencies, Scale Solutions and Generate Better Results

NEXT GEN INDIGENOUS YOUTH: How to Propel Consultation Processes into the Modern Age

Extremely well organized with good speakers. One of the best organized events I have attended, which means that staff paid attention to every small detail behind the scenes. The registration was exceptional, and staff were extremely helpful.

Gillian MacLdod, Sr. Environmental Advisor Ontario Power Generation

EARN CPD HOURS

LEGAL ACCREDITATION

This 2-day conference program can be applied towards 4.5 hours of substantive hours of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 substantive hours at each pre-conference workshop

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

The Barreau du 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.

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.

Faculty

CONFERENCE CO-CHAIRS

Shelley Charles Elder

Chippewas of Georgina Island First Nations

Cynthia Westaway Senior Counsel First Peoples Law

DISTINGUISHED SPEAKERS

Janice Bailey Directrice scientifique Fonds Nature et technologie, Gouvernment du Quebec

Jennifer Brant Consultation Manager Deloitte Canada

Lloyd Budzinski Retired Judge (2019) Ontario Court of Justice

Bobby Cameron Chief Witchekan Lake First Nation

Gordon Campbell Senior Barrister Aubry Campbell Maclean

Alex Cook

Indigenous Off-Diesel Initiative Champion Wah-ila-Toos Indigenous Council

Judy Desjarlais Chief Blueberry River First Nation

Parthiban Dhakshnamurthy Procurement Assistance Team Leader

Public Services and Procurement Canada (PSPC)

Christine Evangelidis

Special Advisor Justice Canada

Bo See Fok

Senior Economic Advisor

Public Services and Procurement Canada (PSPC)

Bryn Gray Partner McCarthy Tétrault LLP

Robert Janes Principle JFK Law

Christine John Senior Manager –Indigenous Relations Ontario Power Generation

Adam Kahgee J.D.

Director, Indigenous Relations Bruce Power

Kate Kempton Senior Counsel Woodward & Company Lawyers

Amyn Lalji Partner MLT Aikins LLP

Adam Levine Team Lead – Indigenous Relations and Participant Funding Canadian Nuclear Safety Commission

Rohan Mathai Founding Lawyer

RBMC Legal Consulting

Alex Monem Partner Pape Salter Teillet LLP

Reg Niganobe

Grand Council Chief, Ogimaa Giigda Anishinabek Nation

Emily Okeefe Lawyer McLeod Green Dewar LLP

Oyeyinka Oyelowo Principal Lawyer Yinka Law

WHO YOU WILL MEET

David Pratt

First Vice-Chair Federation of Sovereign Indigenous Nations

Graeme Reed Strategic Advisor Assembly of First Nations

Claire Sault Chief Mississaugas of the Credit First Nation

Ron Stevenson Counsel Power Law

Bob Watts

Vice-President, Indigenous Relations

Nuclear Waste Management Organization

Loriann Whittaker

Senior Advisor Policy Analyst –Environmental Issues, Lands and Resources Department

Anishinabek Nation

Ted Williams

Chief

Chippewas of Rama First Nation

Michael Yellowback

Chief

Manto Sipi Cree Nation

Chiefs and Councilors, Senior Executives, Directors and Managers of:

• Indigenous Relations

• Internal and External Affairs

• Stakeholder Relations, Community Relations

• Project Development

• Environmental Planning

• Government and Corporate Affairs

• Policy Analysts

• In-House Counsel and Partners

and Transmission Agriculture and Forestry

Engineering and Environmental Services Law Firms Indigenous Communities Provincial and Federal Government Oil and Gas Mining and Exploration

DAY

ONE Tuesday, May 21,

2024

Governance, Legal Reforms and Updates

7:45 a.m. Registration Opens and Refreshments Served

8:45 a.m.

Traditional Welcome and Land Acknowledgement

microphone-alt Shelley Charles, Elder, Chippewas of Georgina Island First Nations

9:00 a.m.

Opening Remarks from the Conference Co-Chairs

microphone-alt Claire Sault, Chief, Missassaugas of the Credit First Nation

Cynthia Westaway, Senior Counsel, First Peoples Law

9:15 a.m. KEYNOTE ADDRESS

Negotiating with Government for Community Rights: Resource Sovereignty, Economic Empowerment, and Revenue Sharing

microphone-alt David Pratt, First Vice-Chair, Federation of Sovereign Indigenous Nations

• Debating how governments should consider cumulative impacts when issuing programs and project approvals

• Examining the level of development needed to infringe on rights

• Discussing farther reaching implications of cumulative effects, such as climate change and cross border claims from American Nations

10:45 a.m. Networking Break and Refreshments

11:00 a.m. CHEIFS AND INDIGENOUS LEADERS PANEL

Top Priorities for Indigenous Communities for Consultation Best Practices

microphone-alt Bobby Cameron, Chief, Witchekan Lake First Nation

Brandon Doxtator, Deputy Grand Chief, Association of Iroquois & Allied Indians

Claire Sault, Chief, Mississauagas of the Credit First Nation

Ted Williams, Chief Chippewas of Rama, Chippewas of Rama First Nation

Join Indigenous Chiefs to hear about the most pressing priorities affecting Indigenous communities, and how to best navigate consultation obligations through 2024. Topics for discussion include:

Delegates will learn about the top factors influence consultations in 2024, including economic empowerment, environmental stewardship, and climate disaster management. Delegates will gain an understanding of the challenges and priorities facing First Nation communities across Canada and how these factors influence decisions within consultation processes. Discussion topics will include:

• Reviewing the distinction between consultation vs consent in UNDRIP implementation, and how to apply this distinction to your consultation plans, including health examples

• Predicting the impact of climate change disaster impacts and develop a checklist of items that will help avoid cumulative effects

• Calculating economic empowerment and revenue sharing goals during consultations projects

10:00 a.m. CUMULATIVE EFFECTS

Repercussions of the Blueberry River Court Decision: Everything You Need to Know and the Ongoing affects it has on Consultation in Practice

microphone-alt Judy Desjarlais, Chief, Blueberry River First Nation

Amyn Lalji, Partner, MLT Aikins LLP

The result of the landmark case, the Yahey v British Columbia, (2021) BCSC, also known as the Blueberry River Court decision has led governments to be more diligent in considering cumulative impacts earlier in the project development process. In this session we will focus on:

• Balancing community health, safety, and the opioid crisis with pressing consultation priorities

• Analyzing the Ontario submerged lands claim decision and what it means for future consultations

• Predicting upcoming consultation priorities from 2024 and opportunities for collaboration

11:45 a.m. UNDRIP PANEL

Implementing Canada’s UNDRIP Action Plan

microphone-alt Cynthia Westaway, Senior Counsel, First Peoples Law

Keith Smith, Director General of the UN Declaration Act, Justice Canada

Michael Yellowback, Chief, Manto Sipi Cree Nation

As consultation cases across the country continue to grapple with UNDRIP implementation. Learn how recent cases have delved into the duty to consult vs Free, Prior, and Informed Consent (FPIC) in UNDRIP application. Draw actionable take-aways from:

• Assessing the progress of the 2023-2028 Federal UNDRIP Action Plan

• Integrating the BC Supreme Court case, Gitxaala v British Columbia (Chief Gold Commissioner) (2023), into UNDRIP application in other provinces and territories

• Evaluating consultation and free entry mining and the importance of a mining protocol with provinces

12:30 p.m. Lunch Break

Policy, Governance, Legal Reforms and Updates

1:30 p.m.

KEYNOTE ADDRESS: Doing Business with the Federal Government

microphone-alt Parthiban Dhakshnamurthy, Procurement Assistance Team Leader, Public Services and Procurement Canada (PSPC)

Bo See Fok, Senior Economic Advisor, Public Services and Procurement Canada (PSPC)

2:15 p.m.

Major Projects and New Developments in Eastern Canada: The Status of Ongoing Consultations and Ensuring Best Practices

microphone-alt Bob Watts, Vice-President, Indigenous Relations, Nuclear Waste Management Organization

Tim Laronde, National Director, Indigenous Strategies at Chandos Construction

Michael Yellowback, Chief, Manto Sipi Cree Nation

Eastern Canada is experiencing both population and economic growth that requires investment and expansion of infrastructure projects across the projects. In this session we will plan for upcoming consultations on major projects.

• Tackling Bill 23 and Build Ontario Houses Faster Act – how to conduct meaningful consultations admis pressing deadlines

• Approaching Renewable Energy development in Ontario through effective consultation

• Securing Nuclear Energy development in Ontario to assist with increasing needs and demands

» Building new schools, requirements for better ISC bidding processes and holding contractors to their promises

3:00 p.m. Networking Break and Refreshments

3:15 p.m.

Overcoming Consultation Fatigue and Building Capacity: What Does and Doesn’t Work

microphone-alt Adam Levine, Team Lead – Indigenous Relations and Participant Funding, Canadian Nuclear Safety Commission

Christine John, Senior Manager – Indigenous Relations, Ontario Power Generation

Changes in housing, infrastructure, energy development, ignite a need to consult with Indigenous communities. Balancing multiple priorities and consultations can lead to consultation fatigue early in the process. In this session we will cover strategies to combat consultation fatigue and streamline consultation processes for more meaningful consultations. We will discuss:

• Streamlining work and overcoming delays in the consultation process

• Connecting with neighboring communities and coordinating priorities and consultation efforts

• Drawing from the success of the Canadian Nuclear Safety Commission’s Indigenous and Stakeholder Capacity Fund

» Consultation and the Manitoulin project process

4:00 p.m.

Climate Change and Energy Transition Projects

microphone-alt Janice Bailey, Directrice scientifique, Fonds Nature et technologie, Gouvernment du Quebec

Reg Niganobe, Grand Council Chief, Ogimaa Giigda, Anishinabek Nation

Loriann Whittaker, Senior Advisor Policy Analyst – Environmental Issues, Lands and Resources Department, Anishinabek Nation

In this session we will discover strategies for Science Policy Integration and learn how this integration is critical for developing effective public policy.

• Benchmarking consultation best practices for running efficient and effective consultation for green energy projects that mitigates the risks of cumulative effects

• Understanding how Quebec has developed a robust history of hydroelectric energy generation and ambitious climate goals. Learn the important role of science in consultation processes and other best practices from Quebec

• Developing specific actions and measures for First Nations and Inuit related to climate change and energy transition

4:45 p.m.

Closing remarks from Conference Co-Chairs

5:00 p.m. Conference Adjourns until Day Two

DAY TWO Wednesday, May 22, 2024

Environmental Stewardship and Consultation Priorities

8:15 a.m. Registration Opens and Refreshments Served

8:55 a.m.

Opening Remarks from the Conference Co-Chairs

9:00 a.m.

How the Ring of Fire Court Challenge is Impacting Consultation

microphone-alt Kate Kempton, Senior Counsel, Woodward & Company Lawyers

Robert Janes, Principle, JFK Law

Canada, along with the rest of the world, is in the midst of a critical energy transition with ambitious objectives. Achieving these objectives requires the approval, and environmental assessment, of all forms of energy projects.

The Ring of fire court challenge continues to be a significant case for setting precedents and undercovering and addressing some of the root causes of consultation challenges. This session will discuss:

• Structuring ground rules for consultations with Indigenous peoples at the beginning stages of the environmental assessment process

• Holding and balancing meaningful consultations with community concerns

• Predicting how the legal changes are affecting other consultations

9:45 a.m.

Indigenous Traditional Knowledge and Consultation Law

microphone-alt Alex Monem, Partner, Pape Salter Teillet LLP

As cumulative effects, such as those from climate change, become more common, integrating science, indigenous traditional knowledge, and policy at early stages in the consultation process is critical.

• Formulating practical tips to translate indigenous traditional knowledge into legal and policy advice

• Drafting consultation processes that use Indigenous Traditional Knowledge to improve influence decision making

• Framing Indigenous Traditional Knowledge to inform environmental and climate related decisions

10:30 a.m. Networking Break and Refreshments

10:45 a.m.

Proposed Amendments to the and Other Supreme Court Rulings and the Ramifications to the Duty to

Consult in Action

microphone-alt Bryn Gray, Partner, McCarthy Tétrault LLP

Ron Stevenson, Counsel, Power Law

• Determining the need-to-know for how the anticipated and proposed changes to the Federal Impact Assessment Act will have impacts on consultation requirements in Canada

• Exploring recent supreme court rulings and anticipated impacts on Eastern Consultations

• Identifying impacts on the duty to consult resulting from decisions on the plastics case

11:30 a.m.

Coordinating Consultation Across Overlapping Territories:

microphone-alt Cynthia Westaway, Senior Counsel, First Peoples Law

Jennifer Brant, Consultation Manager, Deloitte Canada

Gordon Campbell, Senior Barrister, Aubry Campbell Maclean

Ted Williams, Chief, Chippewas of Rama First Nation

Conducting consultation across overlapping territories continues to be a challenge faced by consultation professionals across industries. Traditional understandings of relations between neighboring nations are often blurred by cumulative concerns. In this session we will explore:

• Connecting with neighboring communities and aligning consultation efforts, and overview of best practices

• Utilizing indigenous traditional knowledge and elder participation in consultation and the benefits traditional knowledge can have in outlining boundaries in overlapping territories

• Exploring strategies for coordinating consultation efforts early in the process

12:15 p.m. Lunch Break

1:15 p.m.

Finding Efficiencies, Scale Solutions and Generate Better Results in Consultation Processes

microphone-alt Lloyd Budzinski, Retired Judge (2019), Ontario Court of Justice

The research is advancing on how behavioral science can improve public policy, including the duty to consult. Understanding how factors such as scarcity, innovation and inclusion impact the quality of consultations and decision making in key to helping to facilitate more effective and efficient consultation processes.

• Addressing scarcity and how lack of resources affect decision-making and how this can complicate consultations

• Analyzing how innovation is a boon for financial inclusion the important role of inclusion in meaningful consultations

• Scaling-up solutions across different consultation processes to facilitate sharing of best practices

Environmental Stewardship and Consultation Priorities

2:00 p.m.

Evaluating how the case R v Montour & White Changed the Face of Indigenous Consultation in Quebec: What its principles mean for Ontario and Beyond

microphone-alt Gordon Campbell, Senior Barrister, Aubry Campbell Maclean

Reducing Northern Communities reliance on fossil fuels helps to increase resilience to climate change, natural disasters, and promotes economic growth. In this session delegates will learn about how the Government of Canada is supporting communities in launching clean energy projects.

• Providing opportunities for partnering with communities as part of the consultation process and the benefits for project success

• Overcoming challenges when conducting consultations in remote communities

• Simplifying project reporting to streamline and reduce red tape and burden in consultation processes

2:45 p.m. Networking Break and Refreshments

3:00 p.m. INDUSTRY PANEL

Best Practices for Building Consultation Relationships for the Resource Development Sector

microphone-alt Adam Kahgee J.D., Director, Indigenous Relations, Bruce Power

Energy development Power projects not only have extensive consultation requirements, but also require long-term relationships to achieve mutual success. In this session, we will hear from professionals across the energy development power sector on industry opportunities and strategies to for building relationships and conducting meaningful consultations efficiently. In this session we will discuss:

• Discussing New policy developments that in the resource development sector can impact consultations

• Uncovering new project developments and brainstorming solutions to tough challenges

• Managing the consultation process best practices from recent projects consultations across Canada the energy development sector

3:45 p.m. NEXT GEN INDIGENOUS

YOUTH

How to Propel Consultation Processes into the Modern Age

microphone-alt Graeme Reed, Strategic Advisor, Assembly of First Nations

Ted Williams, Chief, Chippewas of Rama First Nation

In this session, speakers will discuss educational objectives for preparing the next generation of Indigenous Youth to carry on progress made in partnerships and consultation in Canada, with a focus on Climate Change. Speakers will also discuss digital solutions to facilitate greater collaboration.

4:30 p.m. Closing Remarks from Conference Co-Chairs & Conference Concludes

Thursday, May 23, 2024

8:00 a.m. Registration Opens

Rohan Mathai, Founding Lawyer, RBMC Legal Consulting

• Defining the bare bones of Duty to Consult, its meaning and how it is currently being used

• Examining Duty to Consult as the minimum, and examining case studies that exceeded the duty

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

• Discussing costs incurred from fulfilling the consultation process, who usually pays

12:30 p.m. Registration Opens 1:00 p.m. – 4:30 p.m.

BResource Revenue Sharing and Writing Impact Benefit Agreements

microphone-alt Oyeyinka Oyelowo, Principal Lawyer, Yinka Law

• Identifying what a basic agreement should include and not include

• Deep dive into examples of irregular agreements and clauses

• How to write an agreement to assist the community in achieving its goals

» Writing Capacity Funding Agreements Securing funding for hiring and training and education staff for the duration of a project

» Allocating funds for consultants, lawyer, technicians and report writing

Great content. Engaging speakers and very relevant content that will help me do my work more meaningfully. Hearing personal experiences from Indigenous groups was especially impactful.

Taslema Khan Advisor Indigenous Relations Transport Canada

UPCOMING EVENTS

for more information, visit our Indigenous Series website

April 9 – 10, 2024 • Calgary, AB

April 30 – May 1, 2024 • Vancouver, BC

October 2 – 3, 2024 • Halifax, NS

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VENUE & HOTEL

Sandman Signature Mississauga Hotel 5400 Dixie Road, Mississauga Ontario, L4W 4T4

Phone: 1-800-726-3626 or 905-238-0159

Accommodations

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 call 1-800-SANDMAN or 905-238-0159 and quote the group room block “343378” for Canadian Institute."

Please note that the guest room block cut-off date is April 19, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Book with confidence!

Register and pay to lock in your early rate and be eligible for a full refund until May 9, 2024.

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 May 9, 2024.