P A C I F I C B U S I N E S S & L A W I N S T I T U T E

Aboriginal Law 2015:Current Issues

May 26th & 27th, 2015 • UBC Robson Square • Vancouver, BC

Live Webinar also available!

Chaired by

James I. ReynoldsMandell Pinder LLP

Approved by

the Law Society of BC

for 12 hours of

professional development credits

www.pbli.com

Youth Sponsorship Program

We are pleased to offer our successful sponsorship program for First Nation, Métis and Inuit youth to attend forums offered by Pacific Business & Law Institute. For further information about applying to attend this or other programs, please go to www.pbli.com/aboriginal-youth-sponsorship.

Aboriginal Law 2015: Current Issues

The state of Aboriginal law in Canada is constantly evolving, and for those working in this dynamic area, including those who advise First Nations or governments, it is essential to remain current on the latest developments. Staying abreast of the changing landscape is fundamental for advisors to practice effectively, and for First Nations to exercise their rights to their greatest benefit. This program assembles leaders in the field of Aboriginal law to provide delegates with in-depth information and practical insights to ensure that they are prepared to effectively address current challenges and to take proactive steps to avoid common pitfalls. For those who wish to remain current and informed, this program should not be missed.

Key Areas Addressed:

• Current issues in Aboriginal administrative law• Important developments in case law and legislation• Internal consultation requirements• Taxation and regulatory compliance• The Negotiated in respect of Jericho and other lands

agreement

James I. Reynolds, LL.B., Ph.D., Partner, Mandell Pinder LLP, Vancouver, BC. Dr. Reynolds practises Aboriginal law. He is the General Counsel for the Musqueam Indian Band. He received his law degree and Ph.D. from the London School of Economics and qualified as a Barrister in England before qualifying in British Columbia in 1980. He has over 35 years of experience in advising Aboriginal and other clients on a range of issues. Dr. Reynolds was

co-counsel for the Musqueam Band in the case of Guerin in 1984 and has since been involved in many subsequent Aboriginal law cases. He has also been involved in many transactions relating to economic development on First Nation lands. He has acted for the Musqueam in connection with numerous agreements that have resulted in very significant benefits including a Reconciliation Agreement with the Province in 2008. Most recently, he has acted in major transactions involving the Federal and Pro-vincial governments and Musqueam and other Nations including the transfer of the Jericho lands from the Federal government. He also acted for Musqueam in the protection of a former Village Site located in the Marpole area of Vancouver. He is a frequent speaker and writer on legal matters and has lectured at both the L.S.E. and the University of British Columbia. His numerous articles have been published in many law journals and his book, “A Breach of Duty: Fiduciary Obligations and Aboriginal Peoples”, was published by Purich Publishing in 2005. His article, Trusts for First Nations has recently been published in the Estates, Trusts & Pensions Journal.

Chair

Who Should Attend:

• Lawyers practising in the areas of Aboriginal law, administrative law, and business law

• Aboriginal leaders, officials, councillors, elders, negotiators, administrators, and advisors

• Owners, managers and representatives of resource development companies and companies operating on Crown land

• Federal, provincial and municipal government officials and policy advisors

• Consultants, accountants, financial planners, and others assisting First Nations with financial matters and business operations

David Hansford, Associate, Blake, Cassels & Graydon LLP, Calgary, AB. David practises all aspects of environmental and regulatory law, including Aboriginal and public consultation issues. His primary focus is on regula-tory matters with a corporate emphasis, and he has experience in the areas of mergers and acquisitions, capital market transactions and corporate

governance issues. David is also actively involved in pro bono legal services and is the chair of the Blakes Calgary Charitable Giving Committee, which fundraises year-round for local charities.

Robert J. M. Janes, Principal, JFK Law Corporation, Victoria, BC. Mr. Janes has had extensive experience in Aboriginal law. He has acted in Aboriginal cases in British Columbia, Ontario and Alberta and has appeared in all levels of court, including the Supreme Court of Canada. He has acted as counsel for parties or interveners in cases such as Dene Tha’ First Nation

v. Canada, Haida v. British Columbia, R. v. Marshall and Bernard and Okanagan Indian Band v. Bonneau. Mr. Janes’ work involves advising clients regarding Abo-riginal rights and title, the Indian Act and related legislation as well as other related matters. Mr. Janes also advises various clients with regard to negotiations under the British Columbia Treaty Process. In addition to his Aboriginal law practice, Mr. Janes practises civil litigation and has been involved in a diverse range of commercial, administrative and environmental disputes.

Dr. Bruce Stadfeld McIvor, Principal, First Peoples Law, Vancouver, BC. Dr. Bruce McIvor, lawyer and historian, is principal of First Peoples Law. With offices in Toronto and Vancouver, First Peoples Law is dedicated to defending and advancing Aboriginal title, Aboriginal rights and Treaty rights. Bruce has represented First Nations at all levels of court and assists

First Nations across the country in the defence of their Aboriginal and treaty rights and the negotiation of impact benefit agreements for major resource development projects. Bruce holds a law degree, a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar.

Guy Régimbald, Partner, Gowlings LLP, Ottawa, ON. Guy Régimbald is a partner in the Ottawa office of Gowlings, practising in the areas of consti-tutional and administrative law, Aboriginal law, trademark and copyright law, tax law, and general litigation. He is a member of the firm’s Supreme

Court of Canada Services Group, Aboriginal Law Group and the Government Affairs Industry Group. As a member of the Supreme Court of Canada Services Group, Guy has appeared as lead counsel or co-counsel before the Supreme Court of Canada in over 12 high-profile cases, and been involved as agent or adviser in many more. He was cited in Lexpert magazine’s Top Ten Cases of 2014 for his representation of Claude Robinson in Cinar Corporation v. Robinson and of the Indigenous Bar Association in Canada in Tsilhqot’in Nation v. British Columbia. Guy’s Aboriginal law practice is focused on Aboriginal and treaty rights, self-government, Aboriginal consultation and accommodation, as well as First Nations taxation. He advises and represents First Nations, Inuit and Métis communities across Canada. Guy is the author and co-author of Canadian Administrative Law and the Law of the Canadian Constitution, two major treatises published by LexisNexis. His book Canadian Administrative Law has been cited with approval by the Supreme Court of Canada and other courts throughout Canada in over 20 reported decisions.

Michael Segelken, Associate, Callison & Hanna, Vancouver, BC. Mike Segelken has practised law with Callison & Hanna since 2006, acting exclusively for Aboriginal communities and their organizations in a wide range of legal matters. His practice focuses on economic partnership development in the resource sector. He advises on complex negotiations

and agreement implementation including the realization and management of ben-efits. He enjoys representing First Nations and assisting Aboriginal communities in ensuring successful futures.

The Honourable Harry A. Slade, Chairperson, Specific Claims Tribunal, BC Supreme Court, Vancouver, BC. Mr. Justice Slade attended UBC. He was called to the bar in 1974 and joined Ratcliff and Company LLP. Prior to his appointment to the bench in 2001, his primary field of work was the provi-sion of services to Aboriginal peoples and organizations. He and members

of the growing firm pioneered the reconciliation of Aboriginal interests in land and resources with private interests, and with the powers of municipal and provincial governments. This included the consensual resolution of land use conflicts, and the negotiation and implementation of agreements with corporate participants’ interests in the forestry, oil and gas, fisheries and real estate sectors. Mr. Justice Slade was counsel for interveners in Sparrow, Delgamuukw, and other seminal cases concerned with the definition of Aboriginal rights and the interplay of rights with provincial and federal legislative powers. He was active in advancing specific claims, litigation over the loss of reserve lands, and treaty negotiations. Justice Slade was appointed Queen’s Counsel in 1998. In 2009, Justice Slade was appointed as Chairperson to the Specific Claims Tribunal. His term was recently renewed for a further five years.

Shirley Wolff, Partner, Deloitte LLP, Vancouver, BC. Shirley Wolff leads the Assurance & Advisory Public Sector practice of Deloitte in British Columbia and leads the National Assurance & Advisory Aboriginal practice in Canada. Shirley is also the Professional Practice Director for the Public Sector, Private and Not-For-Profit Assurance & Advisory service line in

British Columbia. Shirley has over 18 years of experience in public practice, with a focus on the public sector, not-for-profit and financial services sectors. Her extensive experience includes advising clients across various industries such as First Nations, local governments, school boards and other government organizations, insurance, broker-dealers and pension plans. Shirley is a regular speaker and has published articles on topics of interest to the public sector, and currently serves on the Finance & Audit Committee for the Minerva Foundation for BC Women.

Merle Alexander, Partner, Gowlings LLP, Vancouver, BC. Merle Alexander is a partner in the Vancouver office of Gowlings LLP and a member of the Business Law Group, practising Aboriginal resource law. Merle advises on the negotiation and implementation of impact benefit agreements, socio-

economic participation agreements, resource revenue-sharing arrangements and a variety of other interim agreements. The negotiations touch on a number of resource law areas, including oil and gas, forestry, mining, energy and pipeline projects. Merle is a member of the Kitasoo Xai’xais First Nation. He has a deep interest in assisting Aboriginal clients and in achieving a balance between economic development, respect for Aboriginal rights and environmental conservation for future generations. A professional and personal interest of Merle’s is the protection of Aboriginal intel-lectual property rights, particularly traditional knowledge. He has negotiated treaty chapters on cultural heritage resources, drafted traditional knowledge protocols and represented national Aboriginal organizations in various international forums. Consequently, Merle is knowledgeable on protective mechanisms of Indigenous knowledge both domestically and internationally.

Stan H. Ashcroft, Principal, Ashcroft & Company, West Vancouver, BC. Mr. Ashcroft was called to the Bar in BC in 1983. He currently acts for 19 First Nations and various other Aboriginal groups throughout BC. In 1982, while still articling, Mr. Ashcroft began acting for the Westbank First Nation and he has continuously done so to the present. He has acted for nine of

his First Nation clients for in excess of 20 years. Mr. Ashcroft provides advice to First Nations and Aboriginal organizations on a wide range of issues and topics including litigation, specific claims, corporate structuring, business opportunities, administra-tion and governance, labour issues, accommodation agreements with government and industry, development and implementation of land codes, and partnerships with industrial and commercial proponents. He began to undertake specific claims on behalf of his First Nation clients in 1984 and since then has filed over 60 claims with the Specific Claims Branch.

Aaron Bruce (Kelts’-Tkinem), Partner, Ratcliff & Company LLP, North Vancouver, BC. Aaron is member of the Squamish Nation and is passion-ate about working with First Nations to balance economic development opportunities with the protection of Aboriginal rights and title interests and environmental conservation. He advises on land and resource issues,

Aboriginal rights and title, matters under the Indian Act, First Nation governance issues, economic development opportunities, and acts as general counsel for First Nations governments. Aaron specializes in the negotiation of impact benefit agree-ments, accommodation agreements with the Crown, and other interim agreements concerning land and natural resources.

Janelle Dwyer, Partner, Mandell Pinder LLP, Vancouver, BC. Ms. Dwyer is a business lawyer practising in the area of economic development for First Nations communities. She provides legal advice related to land, financ-ing, corporate and commercial matters, using her skill and knowledge for off-reserve transactions and to apply existing corporate and land tenure

models to the unique situation on-reserve. Ms. Dwyer’s practice encompasses all aspects of land transactions: acquisitions, financing, development approvals, sales and leasing. She regularly advises on developing corporate entities such as limited liability partnerships, limited partnerships, corporations, societies and trusts. She also works closely with First Nations on commercial and Crown negotiations, and advises on governance issues, including the development of property taxation regimes, drafting regulations, constitutions, bylaws and policies. She is a member of the Splatsin First Nation.

John W. Gailus, Director, Devlin Gailus Westaway, Victoria, BC. Mr. Gailus is a member of the Haida Nation from the Cumshewa Clan. He has a varied law practice focused on consultation, Aboriginal and treaty rights litigation, Indian Act issues and economic development. Mr. Gailus has served as counsel in all levels of court, including the Supreme Court

of Canada. He is general counsel for several First Nations and First Nation organiza-tions in British Columbia and Alberta. He has appeared on multiple occasions before the House of Commons Standing Committee on Aboriginal Affairs. Mr. Gailus has been recognized as a leading practitioner of Aboriginal Law by the Canadian Legal Expert Directory (Lexpert).

Jeff Glasner, Lawyer, Boughton Law, Vancouver, BC. Jeff is a member of Boughton’s Taxation and Aboriginal Practice Groups. Jeff’s practice focuses primarily on representing taxpayers in their disputes with the Canada Revenue Agency. In his capacity as a member of the firm’s Aboriginal Practice Group, Jeff also works with First Nations individuals and busi-

nesses on their unique tax issues and tax opportunities. Jeff is a frequent presenter on tax-related topics.

Darwin Hanna, Partner, Callison & Hanna, Vancouver, BC. Darwin Hanna was called to the Bar in May 1996. His firm provides general counsel and negotiation services for Aboriginal communities and their organizations in a wide range of matters, including accommodation of Aboriginal rights, consultation, economic development, employment, governance, land claim

negotiations, specific claims, and negotiations and agreements with government and industry. He is legal counsel for an Aboriginal government that is finalizing a land and resources agreement-in-principle in the NWT. He is a member of the Bars of British Columbia and the Northwest Territories. Since 2001, he has been an Adjunct Profes-sor at the Faculty of Law, U.B.C. and teaches the class First Nations and Economic Development. He has served as a Principal for four Aboriginal articled law students. He was the recipient of the 2014 Premier’s Award (GNWT) for Collaboration for participa-tion on the Wildlife Act Working Group. He is a member of the Nlha7kapmx Nation.

Faculty

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Aboriginal Law 2015: Current Issues

Tuesday, May 26th, 2015 (Day One)

12:15 Networking Luncheon

1:15 The First Nations Financial Transparency Act

Shirley Wolff Deloitte LLP

• Overview of the Act• Concerns raised by First Nations• Financial reporting considerations• Compliance in 2014

2:05 Questions and Discussion

2:15 Refreshment Adjournment

2:30 The Alberta Consultation Guidelines and Their Message for BC

David HansfordBlake, Cassels & Graydon LLP

• Background and purpose of the Consultation Guidelines

• Putting the Consultation Guidelines into practice• Lessons for British Columbia

3:25 Questions and Discussion

3:35 First Nation Member Engagement: Internal Consultation

Darwin HannaCallison & HannaMichael SegelkenCallison & Hanna

• The duty of First Nation governments to consult members

• Fiduciary duties of Chief and Council

4:45 Questions and Discussion

4:55 Chair’s Closing Remarks for Day One

5:00 Program Concludes for Day One

9:00 Welcome and Introduction by PBLI

9:05 Chair’s Welcome and Introduction

James I. ReynoldsMandell Pinder LLP

9:10 In the Courts: Case Law Update

Dr. Bruce Stadfeld McIvorFirst Peoples Law

• Decisions considering Tsilhqot’in and Keewatin• Other cases of interest

10:00 Questions and Discussion

10:10 Legislative Developments

John W. GailusDevlin Gailus Westaway

• Indian Act Amendments•First Nations Elections Act•Family Homes on Reserves and Matrimonial

Interests or Rights Act

11:00 Questions and Discussion

11:10 Refreshment Adjournment

11:25 Current Trends in the CRA’s Handling of Status Indian Tax Exemption

Jeff GlasnerBoughton Law

• The latest trends at the CRA audit level• The latest trends at the CRA appeals level• Trends – Exemption from employment income• Trends – Exemption from business income• Trends – Use of penalties• Snapshot on other exemptions in the Income

Tax Act

12:05 Questions and Discussion

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Aboriginal Law 2015: Current Issues

Wednesday, May 27th, 2015 (Day Two)

9:00 Welcome & Reflections on Day Two

James I. ReynoldsMandell Pinder LLP

9:05 The Specific Claims Tribunal: Status Report

Mr. Justice Harry Slade - InvitedSpecific Claims Tribunal• A presentation on the 2014 annual report• The future of the Specific Claims Tribunal

9:50 Questions and Discussion

10:00 Métis, Non-Status Indians and Identity Issues

Robert J. M. JanesJFK Law Corporation

• Current membership and identity issues• Upcoming changes: The Daniels decision

10:45 Questions and Discussion

10:55 Refreshment Adjournment

11:10 Case Study: The Jericho and Other Lands Agreement

James I. Reynolds/Janelle Dwyer Mandell Pinder LLPStan H. Ashcroft - Invited Ashcroft & CompanyAaron Bruce Ratcliff & Company LLP

Leaders of Squamish Nation, Musqueam Indian Band and Tsleil-Waututh Nation• Discussion of the partnership between the

three Nations• Lessons learned from working together to reach

an agreement

12:15 Questions and Discussion

12:30 Networking Luncheon

1:30 Aboriginal Administrative Law: Tribunals and First Nations

Guy RégimbaldGowlings LLPMerle Alexander Gowlings LLP

• An overview of administrative law issues affecting First Nations

• Regulatory Reviews of resource projects

2:30 Questions and Discussion

2:40 Refreshment Adjournment

2:55 Aboriginal Administrative Law: Internal Tribunals

Guy RégimbaldGowlings LLPMerle AlexanderGowlings LLP

• Creating internal tribunals

• Individuals seeking to challenge group decisions

• A look to the future: Judicial review of First Nation tribunal decisions

3:45 Questions and Discussion

3:55 Chair’s Concluding Remarks

4:00 Program Concludes

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Aboriginal Law 2015: Current Issues

May 26th & 27th, 2015 UBC Robson Square • Vancouver, BC

In person Live webinar

Four Ways to Register:

1. Telephone us: 604-730-2500 or toll free 1-877-730-25552. Fax us: 604-730-5085 or toll free 1-866-730-50853. Mail your registration form with payment 4. Register at www.pbli.com/1159

Registration: The registration fee is $1,195.00 plus GST of $59.75 totalling $1,254.75 for both days. Registration covers your attendance at the program (in person or by live webinar), written materials, a light breakfast, a networking luncheon and refreshments on each day.

Early Bird Discount: Register by April 25th, 2015 and receive a $200 discount on registration fee ($995.00 plus GST).

Group Discounts: Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Early Bird and Group Discount cannot be combined.

Payment: You may pay by VISA, MasterCard or cheque. Cheques should be made payable to Pacific Business & Law Institute. Registration fees must be paid prior to the program.

When and Where: Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. UBC Robson Square is located at the basement level of 800 Robson Street in Vancouver, BC. Please visit http://www.robsonsquare.ubc.ca/find-us/ for directions.

Materials: The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be available for pick up at the program. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

Your Privacy: We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.

Cancellations: Full refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (May 19th, 2015). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue for this event.

Registration FormPacific Business & Law Institute305 – 1681 Chestnut Street Vancouver, BC Canada V6J 4M6 Telephone: 604-730-2500; Fax: 604-730-5085 Email: registrations@pbli.com

Course Accreditation: Attendance at this course can be listed for up to 12 hours of continuing professional development with the Law Societies of BC and Upper Canada. 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.