ONLINE MEETING: Implementing the Desautel Decision: Perspectives on Environmental Assessments and Policy Updates
This meeting is being hosted by the Aboriginal Law - Vancouver Section.
| Speakers: |
John Gailus, Founding Partner, Casacadia Legal LLP |
| Time: |
Wednesday, January 29, 2024, 12:30pm - 1:30pm (PT) |
| CPD Hours: |
1.00 hour |
Synopsis
In April 2021, the Supreme Court of Canada released its decision in the Desautel case. The question that the court was faced with was whether a non-resident and non-citizen of Canada could be an Aboriginal Peoples of Canada and thus have rights under Section 35 of the Constitution Act, 1982. The court answered in the affirmative that individuals and Tribes currently residents in the United States of America could be Aboriginal Peoples of Canada if they were modern day successors to Indigenous Peoples who occupied Canada.
As a result of the decision, groups in Washington State and Alaska are seeking to be consulted on projects that they say may impact their rights in Canada. Recently, BC passed two Orders in Council excluding those groups from consultation as Participating Indigenous Nations under the Environmental Assessment Act, while it develops a policy which may take up to three years.
John Gailus represented Lummi Nation as an intervener in the Desautel case and also represents the Alaska Tribes both of whom are impacted by these Orders in Council. This session explores the impact of the Desautel decision on the Crown’s duty to consult obligations.
PARTICIPANT ACKNOWLEDGEMENT - COVID-19 HEALTH & SAFETY
By registering for the in-person option, registrants agree to follow and adhere to the health and safety protocols of the venue to reduce the risks of exposure to and transmission of COVID-19 and agree to cancel your attendance if you are experiencing any COVID-19 symptoms. If you test positive for COVID-19, you may transfer your registration to the virtual option.
Territorial Acknowledgement
This event takes place on the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations. We encourage members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada past and present.
Accessibility & Inclusiveness
The CBABC provides access to Section activities for all members. The facilities for this meeting may be wheelchair accessible. For information about accessible parking or to communicate your request for other accommodation you require, please contact CBABC Sections at sections@cbabc.org.
We also welcome your suggestions for enhancing the inclusiveness of our activities.
By attending this in-person Section event, attendees agree to follow the health and safety protocols of the venue to reduce the risks of exposure to and transmission of COVID-19 and confirm that they are not experiencing any COVID-19 symptoms on the day of the event.
Webinar/Teleconference (if applicable)
Sections host webinars from Internet-capable venues depending on the resources and technology available at the venue.
Disclaimer
Please ensure to sign-in at the meeting; failure to sign-in will result in de-registration. CBABC requires this as a record to confirm your attendance for this meeting for your CPD reporting (if applicable).
