5:00 pm – 6:30 pm

Welcome Reception 
Room: Foyer, 2nd floor

8:15 am - 8:50 am

WELCOME AND INTRODUCTION
Room: Ballroom West

Elder: Faithkeeper Kevin Deer, Mohawk Nation of Kahnawake (Kahnawake, QC)

Opening Remarks Video: John Stefaniuk, K.C., Thompson Dorfman (Winnipeg, MB)

Moderators:
A.J. Carstairs, CarstairsLaw (Port Moody, BC)
Lucia Westin-Eastaugh, McInnes Cooper (Moncton, NB)

This session will have webcasting and simultaneous interpretation (English/French)*

8:50 am - 9:30 am

SESSION 1: Open Plenary
Room: Ballroom West

Connections Between Environmental and Aboriginal Law
(40 Minutes - Substantive and Ethics, Professionalism and Practice Management Content)

Our opening speaker, Terri-Lynn Williams-Davidson, K.C., will assist us in understanding how conserving Biodiversity is informed by the Haida Law of gina’waadluxan gud ad kwaagiida, or ‘interconnectedness’: recognising that everything depends on everything else.

Speaker: Terri-Lynn Williams-Davidson, K.C., White Raven Law Corporation (Vancouver, BC)

Moderator: A.J. Carstairs, CarstairsLaw (Port Moody, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

9:30 am - 10:00 am

Break
Room: Ballroom Foyer

10:00 am – 11:00 am

SESSION 2: Joint Session
Developments in Consultation: Cross-Country Trends
Room: Ballroom West
(1 hour - Substantive Content)

This panel discussion will explore the evolving landscape of consultation practices, focusing on cross-country trends and their impact on diverse communities. As we navigate through the latest developments in consultation methodologies, our aim is to shed light on how Canada and the provincial governments are adapting and improving their approach to engage with Indigenous communities. From sharing best practices to addressing challenges, our discussion will offer insights into Canadian law and the National trends shaping the consultation process. By understanding these cross-country dynamics, we strive to foster a more inclusive and effective framework for meaningful engagement and decision-making that respects the rights, the environment, and the perspectives of all involved parties.

Speakers:
Bruce McIvor, First Peoples Law LLP (Vancouver, BC)
Nigel Baker-Grenier, White Raven Law Corporation (Vancouver, BC)

Moderator: A.J. Carstairs, CarstairsLaw (Port Moody, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

11:00 am – 12:00 pm

SESSION 3: Joint Session
Climate Change and the Arctic
Room: Ballroom West
(1 hour - Substantive Content)

This panel will provide an opportunity to develop a better understanding of recent developments in the arctic and climate change with speakers from law and policy with deep experience in the region. The panel will present an overview of recent legal developments from Nunavut, NWT and Yukon, followed by a “fireside” discussion on Indigenous peoples and international coordination in climate change initiatives.

Speakers:
Adam Chamberlain, Gowlings WLG (Toronto, ON)
Charles J. Birchall, Willms and Shier Environmental Lawyers LLP (Ottawa, ON)
John Crump, Inuit Circumpolar Council Canada (Ottawa, ON)

Moderator: Bruce J. McRae, McRae Law (Ottawa, ON)

This session will have webcasting and simultaneous interpretation (English/French)*

12:00 pm – 1:15 pm

Networking Lunch
Indigenous Governance in Relations with Land and Water
Room: Ballroom Center
Sponsor

1:15 pm – 2:15 pm

SESSION 4: Concurrent Sessions

4.1 Developments in Litigation and Indigenous-led Responses to Climate Change
Room: Ballroom West
Sponsor

(0.5 hours - Substantive Content and 0.5 hours- Ethics, Practice Management and Professionalism content)

This expert panel will review the current state of litigation and other Indigenous-led efforts seeking to address issues associated with climate change in both Canada and the US, including up to date comments on the most recent caselaw. The panel will also focus on the disproportionate effects of climate change on Indigenous Peoples in Canada and explore some of the strategies that communities are using to defend their rights and protect their lands.

Speakers:
Philip L. Gregory, Esq., Gregory Law Group (Redwood City, CA)
Heather McLeod-Kilmurray, Professor, University of Ottawa (Ottawa, ON)

Moderator: Bruce McIvor, First Peoples Law LLP (Vancouver, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

4.2 Transactional Due Diligence in Emerging Contaminants, ESG and Indigenous Relationships
Room: Ballroom East
Sponsor

(0.5 hours - Substantive Content and 0.5 hours- Ethics, Practice Management and Professionalism content)

This panel discussion will address important aspects to consider as part of your due diligence for various types of transactions and financings from both sides. Learn about how to frame your ESG review to obtain the most relevant information for your clients. Get a better understanding about PFAS chemicals and whether or not to sample for them and what to do with your results if you do. How to scope your review regarding Indigenous Relationships.

Speakers:
Mira Gauvin, Partner, Dentons Canada LLP/S.E.N.C.R.L (Montréal, QC)
Paula Hutchison, P.Eng.(ON), QPESA, QPRA, Senior Principal, Geosyntec Consultants (Waterloo, ON)

Moderator: Janet Bobechko, Certified Specialist in Environmental Law, Partner, WeirFoulds LLP (Toronto, ON)

This session will NOT have webcasting or SI.

2:15 pm – 3:15 pm

SESSION 5:
Advancing Critical Minerals Projects with Indigenous Peoples
Room: Ballroom West
Sponsor

(1 hour - Substantive Content)

When mining projects are developed, there are almost always Indigenous people where the prospective ground is found who could be affected. This session will consider the situation for mineral development in Canada considering the current emphasis on critical minerals with perspectives from government, Indigenous peoples, and law. Specific topics include: requirements for the federal Crown to fulfill duty to consult obligations for projects within a provincial regulatory jurisdiction (where many critical mineral projects fit) due to federal conduct such as funding or policy.

Speakers:
Shirley P. Dawe, Executive Director, Crown-Indigenous Consultation Coordination Natural Resources Canada (Calgary, AB)
Noémie D. Tassé, First Nation Quebec Labrador Sustainable Development Institute (Wendake, QC) - Presenting in French only
Sam Adkins, Blake, Cassels & Graydon LLP (Vancouver, BC)

Moderator: Lucia Westin-Eastaugh, McInnes Cooper (Moncton, NB)

This session will have webcasting and simultaneous interpretation (English/French)*

3:15 pm - 3:45 pm

BREAK

3:45 pm – 5:00 pm

SESSION 6: Joint Session
Beyond Assessment: Cumulative Effects and S. 35 Rights
Room: Ballroom West
(1.25 hours - Substantive Content)

This panel will bring together speakers from British Columbia and Quebec to explore the intersection between cumulative effects and Section 35 Indigenous rights. The discussion will engage issues arising in relation to environmental and socio-economic impact assessments, as well as options and opportunities to meaningfully address, mitigate and proactively avoid cumulative effects, rather than just assess effects. By discussing cumulative effects and Section 35 rights, including litigation around these issues, we aim to enrich our understanding of key issues, challenges and tools for navigating the nexus between lands and resource development and the upholding of Indigenous rights.

Speakers:
Emma Hume, Ratcliff LLP, (North Vancouver, BC)
Laurence Prud'homme, O’Reilly, André-Grégoire & Associés (Montréal, QC)
Gloria Vollant, Innu Takuaikan Uashat Mani-Utenam (Sept-Îles, QC)

Moderator: Kate M. Blomfield, Ratcliff LLP (North Vancouver, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

5:30 pm – 6:30 pm

Networking Reception
Room: Ballroom Foyer

6:30 pm – 10:00 pm

Dinner with Keynote Speaker
Room: Ballroom Center
(0.5 hours - Substantive Content)

6:45 pm Throat singing performance: Nina Segalowitz and Lydia Etok

Award Ceremony of the CBA Environmental, Energy And Resources Law Section Law Student Essay Contest, Gowling Wlg - David Estrin Prize
Presented by: R. Max Collett, DLA Piper, Vancouver (BC)
Award Recipient: Rebecca Waxman, Toronto (ON)

Keynote: Kilikvak Karen Kabloona, CEO, Nunavut Tunngavik Incorporated (Iqaluit, NU)

Moderator: Bruce McRae, McRae Law (Ottawa, ON)

This session will NOT have webcasting or SI.

8:15 am – 8:25 am

Welcome and Introduction
Room: Ballroom West

Speakers:
Terri-Lee Oleniuk, Blake, Cassels & Graydon LLP (Calgary, AB)
Pamela Large-Moran, PLM Law (Charlottetown, PE)

Moderator: Chi Iliya-Ndule, Blake, Cassels & Graydon LLP (Calgary, AB)

This session will have webcasting and simultaneous interpretation (English/French)*

8:25 am – 9:30 am

SESSION 7: Joint Session
Practice Management and Legal Ethics: AI and your law practice
Room: Ballroom West
(1.08 hours - Ethics, Practice Management and Professionalism)

Join us for some natural conversation on artificial intelligence (AI) and legal practice. Our panel will look at revolutionary advancements in generative AI, with a focus on large language model (LLM) tools such as ChatGPT and Bard. The deep-learning capacities of AI can help manage legal work – and undermine legal ethics. How do law societies’ regulatory frameworks and the courts see AI in our profession? Learn how to benefit intelligently and ethically from this profound shift in technology.

Speakers:
Amy F. Salyzyn, Associate Professor, University Of Ottawa (Ottawa, ON)
Alexander Max Jarvie, Davies Ward Phillips & Vineberg LLP (Montreal, QC)

Moderator: Monique W. Dull, Ministry of Attorney General (Victoria, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

9:30 am – 10:45 am

SESSION 8: Joint Session
Co-Management of Land-based Resources in British Columbia on the Path to Reconciliation
Room: Ballroom West
(1.25 hours - Substantive Content)

This panel of past and current leaders among Crown and Indigenous governments will consider the shared use of territories to co-manage natural resources in British Columbia to support environmentally sustainable economic development.

The Honourable Murray Rankin, Minister of Indigenous Relations and Reconciliation for British Columbia will present views together with Chief Darren Blaney of the Homalco First Nation, and Miles Richardson, past President of the Haida Nation. The panel will consider British Columbia’s path to reconciling Crown and Indigenous interests by co-managing natural resources in the province, progress made, and lessons learned from shared decision-making to respect Indigenous rights and sustain development as responsible stewards of the environment.

Speakers:
Miles Richardson, Miles Richardson and Associates (Vancouver, BC)
The Honourable Murray Rankin, K.C., Minister of Indigenous Relations and Reconciliation (Victoria, BC)     

Moderator: Joshua Jantzi, DLA Piper (Calgary AB)

This session will have webcasting and simultaneous interpretation (English/French)*

10:45 am – 11:00 am

Break
Room: Ballroom Foyer

11:00 am – 12:00 pm

SESSION 9: Concurrent Session

9.1 Two Eyes Seeing Approaches to Biodiversity Loss
Room: Ballroom West
(0.5 hours - Substantive Content and 0.5 hours - Ethics, Practice Management and Professionalism content)

This discussion will delve into the ways in which Indigenous-led conservation initiatives are assisting Canada in meeting its national and international commitments to halt and reverse biodiversity loss. It will examine the global conservation policy landscape, Canada's domestic policy response (including Nature Agreements), the crucial role played by Indigenous Peoples in these endeavours and the potential of Biodiversity credits as a tool for ecological restoration and natural capital growth.

Speakers:
Faisal Moola, PhD, Associate Professor, University of Guelph (Toronto, ON)
Mario Garcia, Ratcliff LLP (Vancouver, BC)

Moderator: Erik Homenick, Homenick Law (Sussex, NB)

This session will have webcasting and simultaneous interpretation (English/French)*

9.2 Hazardous Substances & UNDRIP
Room: Ballroom East
(1 hour - Substantive Content)

After briefly describing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and free, prior and informed consent (FPIC) of Indigenous peoples, the moderated discussion with Robert Janes, a recognized leading Aboriginal law practitioner, will focus on the interpretation and potential implications of Articles 29(2) of UNDRIP. Article 29(2) provides, “States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.” This session aims to shed light on this critical issue for Indigenous peoples as well as energy and resource projects – and potentially the future development of Aboriginal and environmental law in Canada.

Speaker: Robert Janes, K.C., JFK Law LLP (Toronto, ON)

Moderator: Michael Fortier, Torys LLP (Toronto, ON)

This session will NOT have webcasting or SI.

12:00 pm – 1:15 pm

Lunch & Speak
The Importance of the Rule of Law to Reconciliation and Sustainable Development
Room: Ballroom Center

Speaker: The Honourable Michael H. Tulloch, Chief Justice of Ontario

Moderator: Jameela Jeeroburkhan, Partner, Dionne Schulze s.e.n.c. (Montréal, QC)

This session will NOT have webcasting or SI.

1:15 pm – 2:30 pm

SESSION 10: Joint Session
Federal Impact Assessment Act: SUPREME COURT OF CANADA Reference re Impact Assessment Act
Room: Ballroom West
(1.25 hours - Substantive Content)

Canada’s leading expert on impact assessment, Rodney Northey of Gowlings WLP, will analyze the SCC's finding that the Impact Assessment Act's designated project process was ultra vires of federal constitutional authority. The resulting implications of the non-binding decision will also be discussed.

Speaker: Rodney Northey, Gowling WLG (Canada) LLP (Toronto, ON)

Moderator: Alex J. Pike, Davies Ward Phillips & Vineberg LLP (Toronto, ON)

This session will have webcasting and simultaneous interpretation (English/French)*

2:30 pm – 3:00 pm

Break
Room: Ballroom Foyer
Sponsor

3:00 pm – 4:15 pm

SESSION 11: Concurrent Session

11.1 NEERLS Case Law Hot Topics
Room: Ballroom West 
Sponsor

(1.25 hours - Substantive Content)
Join experts from across Canada for an overview of recent legal trends and pragmatic insights on a variety of critical energy and environmental law topics, including:

• BC Energy Update – Liquified Natural Gas, pipelines and Site C Dam
• Sustainable Tidal Energy Development and Atlantic Hydrogen Alliance and Task Force
• Carbon capture utilization and storage, hydrogen and decarbonization of the energy industry in western Canada
• Recent Quebec Energy policy developments
• American Bar Association / US Inflation Reduction Act and Bipartisan Infrastructure Law update

Speakers:
Jeff Dennis, United States Department of Energy Grid Deployment Office and Chair, American Bar Association Section of Environment, Energy, and Resources (Washington, DC)
Selina Lee-Andersen, Miller Thomson LLP (Vancouver, BC)
Mohammad Ali Raza, Cox & Palmer (Halifax, NS)
Vivek Warrier, Osler,Hoskin & Harcourt LLP (Calgary, AB)
Martin Thiboutot, McMillan LLP (Montréal, QC)

Moderator: Jeremy Barretto, Partner and National Regulatory Law Group Chair, Cassels (Calgary, AB)

This session will have webcasting and simultaneous interpretation (English/French)*

11.2 NALS Case Law Hot Topics
Room: Ballroom East
Sponsor

(1.25 hours - Substantive Content)

This panel will examine two recent decisions in constitutional law affecting the rights of Indigenous peoples in Canada: the Superior Court of Quebec’s decision in R. v. Montour and White and the Supreme Court of Canada’s decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families. How are the courts addressing Canada’s undertakings with respect to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) when faced with claims of Aboriginal or treaty rights protected by s. 35(1) of the Constitution Act, 1982? How does the context and nature of those claims affect the judicial interpretation of s 35(1) rights and reconsiderations of the Van der Peet test? How do the cases address Indigenous legal traditions and the law-making power of Indigenous institutions of governance?

Speakers:
Nathan Richards, Richards Carney S.E.N.C. (Montréal, QC)
Joshua Nichols, McGill University (Montreal, QC)
Mark Walters, Queen's University (Kingston, ON)

Moderator: Jameela Jeeroburkhan, Partner, Dionne Schulze s.e.n.c. (Montréal, QC)

This session will NOT have webcasting or SI.

4:15 pm – 5:30 pm

SESSION 12: Joint Session
Empowering Indigenous Stewardship: Co-Management Agreements for Environmental Conservation
Room: Ballroom West
(1.25 hours - Substantive Content)

In today's agenda, we have delved into the intricate connections between energy and Aboriginal law, exploring the legal frameworks that shape the relationship between Indigenous communities and energy developments. From impact assessments to consultation processes, we have aimed to unravel the legal intricacies that govern the engagement between Indigenous peoples and the energy sector. We shall discuss how Aboriginal law is crucial in balancing energy needs with Indigenous rights, environmental concerns, and sustainable development.

Our concluding panel features speakers who have navigated the intersection of Aboriginal Law, Indigenous Law and industrial development on the ground with innovative Indigenous led solutions. They will illuminate the pivotal role of Indigenous led cultural surveys in the identification and preservation of values in the forests and will discuss the challenges and opportunities for collaboration, like co-management agreements, that can apply to any sector.

Speakers:
Cheyenne Neszo, White Raven Law Corporation (Surrey, BC)
Elizabeth Bulbrook, White Raven Law Corporation (Surrey, BC)
Alexandre Carrier, lawyer and strategic advisor, Ndakina Office, W8banaki (Wôlinak, QC)
Edgar Blanchet, research coordinator, Ndakina Office, W8banaki (Wôlinak, QC)

Moderator: A.J. Carstairs, CarstairsLaw (Port Moody, BC)

This session will have webcasting and simultaneous interpretation (English/French)*

5:30 pm – 5:45 pm

Closing Remarks
Room: Ballroom West

Speakers:
Chi Iliya-Ndule, Blake, Cassels & Graydon LLP (Calgary, AB)
Lucia Westin-Eastaugh, McInnes Cooper (Moncton, NB)

This session will NOT have webcasting or SI.