: The Canadian institute's 5th Annual Forum on
Engaging and Negotiating with Aboriginal Communities
Tuesday, October 30 to Wednesday, October 31, 2012
InterContinental Toronto Yorkville, Toronto, Ontario
Day 1: Tuesday, Oct 30, 2012
8:00
Registration Opens – Coffee Served
9:00
Opening Remarks from the Chair
-
Melanie Paradis
Manager Natural Resources & Aboriginal Affairs
NATIONAL Public Relations
9:15
Recent Changes to the Scope of the Duty to Consult and Accommodate: Does Industry Have a “Duty” to Consult?
-
Deputy Minister George Ross
Ontario Ministry of Northern Development and Mines
-
John Rowinski
Office of John Rowinski
-
N. Kate Kempton
Partner
Olthuis Kleer Townshend LLP
- Effective ways for Aboriginal communities to pursue their right to be consulted
- How do proponents deal with consultation without government at the negotiating table? What does “Crown oversight” mean practically?
- How have recent case law developments helped to clarify for proponents and Aboriginal communities, basic key questions such as:
- What is the definition and scope of the duty to consult?
- When is the duty triggered? What is included in “contemplated Crown conduct”?
- What aspects of the duty can be delegated to a) municipalities? b) proponents c) administrative/ regulatory tribunals
- How are lower courts applying key definitions and tests in cases such as: Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council and Adams Lake Indian Band v. British Columbia being applied by lower courts?
CLOSE UP: Wahgoshig First Nation v. Ontario & Solid Gold Resources
-
Michael McClurg
Olthuis Kleer Townshend LLP
10:45
Networking Refreshment Break
11:00
Critical Update – The Evolution of Consultation in Action: the Ring of Fire, Northern Gateway Pipeline, and Miners United
-
Chief Cornelius Wabasse
Webequie First Nation
Melanie Paradis
Manager Natural Resources & Aboriginal Affairs
NATIONAL Public Relations
Neal Smitheman
Partner
Fasken Martineau DuMoulin LLP
Jody Whitney
Manager, Aboriginal Consultation and Regulatory Compliance
Enbridge Pipelines
- New challenges being faced by proponents:
- Regional consultation on mega-projects
- Managing negotiations and consultation with multiple Aboriginal communities
- Important progress updates on consultation initiatives for the Ring of Fire and Northern Gateway Pipeline, the biggest projects in Canada
- Assessing the trends in negotiations and consultation:
- Negotiations playing out in the media and court of public opinion
- The increasing involvement of environmental NGOs in consultations
- Sifting through the rhetoric: how to bridge the divide between frustrated developers and Aboriginal communities
12:30
Networking Luncheon
1:45
Developing Successful Commercial Relationship Structures
-
Timothy John Murphy
Partner
McMillan LLP
- What are the recent trends for Aboriginal participation in commercial deals with government and industry?
- First Nations as governments: permits, remediation obligations, archeological protocols etc.
- Structuring aboriginal participation – IBA’s to USA’s.
- Flagging tax and structural issues for Aboriginal communities and the private sector
- Issues for developers: knowledge transfer, employment, training, set asides, etc.
- Lender issues: security, equity loans etc.
- Aboriginal communities as equity participants – issues and opportunities
- Examining the risks of partnerships: common liabilities, risks and other concerns
2:30
Understanding the Procedural Consultation Requirements for Renewable Energy Projects and Minimizing the Risk of Litigation
-
Cherie Brant
Partner
Willms & Shier Environmental Lawyers LLP
- What both Aboriginal Communities and proponents need to know about Ontario Reg. 359/09 – Renewable Energy Approvals, Environmental Protection Act and other MNR Approvals for renewable energy projects including other Class EA approvals for energy projects
- Review of Waterpower Class EA procedural consultation requirements for renewable energy projects
- How to negotiate meaningful and useful protocol agreements (MOUs, IBAs) for energy projects, with Aboriginal Communities
- Exploring the types of partnerships that are emerging for renewable energy projects
- How to minimize the risk of litigation in renewable energy projects
- Case study
3:15
Networking Coffee Break
3:30
Case Study: Successful Community Relations and Relationship Building to Ensure Project Success
- Working in the spirit of engagement: What are some of the key benefits for government, industry and Aboriginal groups for commencing early engagement
- Going beyond “respecting culture and values”: How to build trust effectively through actions
- Identifying ways in which companies can maintain a consistent community relations presence even during low economic times
- Lessons learned from successful and unsuccessful negotiations with the KI First Nation
4:15
Important Steps Proponents and Aboriginal Communities Should be Taking During the Pre-Negotiation Stage
-
Chief Norm Hardisty, Jr.
Moose Cree First Nation
-
Rachel Pineault
Vice President‚ Human Resources and Northern Affairs
Detour Gold
- Understanding the rules of engagement for a particular community
- Deciding who should be approached first within a community, and why this may be important
- Clearly communicating time expectations of both parties pre-negotiations
- Understanding the decision-making process of both parties
- Asking the right questions to understand the priorities of both parties
- Understanding who the various Crown entities involved are
- Deciding within a community whether there is capacity to execute a given project
- How important is stability and internal governance within a community for proponents?
5:00
Closing Remarks from the Chair Conference Adjournss