Honouring Treaties: Respect, Nation to Nation Relationships and Revenue Sharing

NEW DATE: April 9 & 10, 2025 at 9:00AM ET

National Arts Centre in Ottawa, ON and Live Webinar

Honouring Treaties: Respect, Nation to Nation Relationships and Revenue Sharing

NEW DATE: April 9 & 10, 2025

National Arts Centre, Ottawa, Ontario and Live Webinar

Overview

Mutual respect, maintaining relationships and an honourable approach to sharing resources are the basics for any successful ongoing partnership.

At this conference we will look at Treaties between Indigenous people and the Crown as sharing relationships, and consider the role of the Honour of the Crown in honouring those relationships.

This two day program will explore the issues around the recent Restoule decision from the Supreme Court of Canada.

How do we interpret and implement the Honour of the Crown in Canada? What does it really mean?

What are the obligations on the Crown to understand and respect the Indigenous perspective on Treaties?

How should Indigenous laws be applied in the negotiation and implementation of treaties?

What does diligent implementation mean in the treaty context? What are the guiding principles?

What do mutually beneficial and respectful sharing relationships look like in the Treaty context?

How has the duty to implement treaties in an honourable way been enforced?

What is Canada's record in honouring treaties?

What is the role of the courts and what are the remedies when one of the parties fails to honour the relationship?

We will look at historic treaties as well as the modern treaties that are being negotiated and implemented at the present time. We will hear about the recent Haida Nation and British Columbia Model - a new way of negotiating Aboriginal Title in Canada.

Come and learn.

Join us as we consider lessons from the past and forge a new way forward.

Please note: This program can be accessed via Live Webinar!

Key Areas to be Addressed:

  • The Restoule Decision of the Supreme Court of Canada

  • Application of Indigenous Laws in Treaty Interpretation and Implementation

  • Honour of the Crown and Diligent Implementation in Restoule

  • Honourable Negotiation and Renewal

  • Treaties as Sharing Agreements

  • The Role of Courts in Providing Remedies and Implementing Treaties; respecting the Relational Aspect of Treaties

  • A New Approach to Treaties – The Haida Nation and British Columbia Model

  • Reconciliation Going Forward and Implementing the Sharing Relationship

Who Should Attend:

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

  • Treaty negotiators and persons responsible for implementing treaties

  • Lawyers practising in the areas of Indigenous and Aboriginal law, resource development, real estate and business and administrative law

  • 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 Indigenous communities with financial matters and business operations

Agenda

Day One - April 9, 2025

9:00 - Welcome by PBLI

9:05 - Chairs’ Welcome and Introduction

Catherine Boies Parker, KC
Arvay Finlay LLP, Victoria, BC

David C. Nahwegahbow
Nahwegahbow Corbiere, Barristers & Solicitors, Rama, Ontario

9:15 - The Restoule Decision of the Supreme Court of Canada

Chief Duke Peltier
Wiikwemkoong Unceded Territory, Ontario

Kaitlyn Lewis
Duboff Edwards Schachter, Winnipeg, MB

  • The background – Robinson Treaties

  • Impact of the decision

  • Nation to nation relationship

  • Next steps

10:35 - Questions and Discussion

10:45 - Refreshment Adjournment

11:00 - Application of Indigenous Laws in Treaty Interpretation and Implementation

Dianne Corbiere
Nahwegahbow Corbiere, Barristers & Solicitors, Rama, Ontario

Dr. Heidi Kiiwetinepineiik Stark
University of Victoria, School of Indigenous Governance

  • Treaty as relationship

  • Indigenous laws and diplomacy

  • Nation to nation relationship

  • Leading evidence of Indigenous laws

11:50 - Questions and Discussion

12:00 - Networking Lunch

Honor of the Crown and the Implementation of Treaties

1:00 -Honour of the Crown and Diligent Implementation in Restoule

Harley Schachter
Duboff Edwards Schachter, Winnipeg, MB

  • The Honor of the Crown – how has it been applied?

  • The duty of diligent implementation

  • Duty to implement treaties in “good faith”

  • The history of honouring treaties in Canada

  • What is left of the Fiduciary Duty?

2:10 - Questions and Discussion

2:20 - Refreshment Adjournment

2:35 - Honourable Negotiation and Renewal

Mark Stevenson
Mark L. Stevenson & Associates, BC

Brian J. Gover
Stockwoods LLP, Toronto

3:45 - Questions and Discussion

3:55 - Chairs’ Closing Remarks

4:05 - Forum Concludes for Day One

Day Two - April 10, 2025

9:00 - Chairs’ Welcome to Day Two

Catherine Boies Parker, KC
Arvay Finlay LLP, Victoria, BC

David C. Nahwegahbow
Nahwegahbow Corbiere, Barristers & Solicitors, Rama, Ontario

9:05 - Treaties as Sharing Agreements

Roger Jones, Barrister and Solicitor

Wendy (Moss) Cornet, Cornet Consulting & Mediation Inc., Ottawa, ON

  • Structuring the agreement

  • Compensation versus implementing the treaty

  • Treaty rights to commercial benefits

  • The Atlantic treaties - The Marshall experience and lessons learned

  • Sustainability and resource sharing

  • Co-decision making - Ongoing Indigenous sovereignty

10:00 - Questions and Discussion

10:15 - Refreshment Adjournment

10:30 - The Role of Courts in Providing Remedies and Implementing Treaties; respecting the Relational Aspect of Treaties

Professor Kent Roach
University of Toronto Faculty of Law

Professor Michael Coyle
Western University Faculty of Law

  • Structural oversight and declaratory judgements

  • Standard of review

  • Limitation Periods – how have the courts applied?

  • Obtaining a declaration

  • Separation of powers

  • The effectiveness of current treaty implementation principles

  • The appropriateness of relying primarily on the courts to achieve just implementation outcomes

11:45 - Questions and Discussion

12:00 - Networking Lunch

1:00 - A New Approach to Treaties – The Haida Nation and British Columbia Model

Murray Rankin, KC
Former Minister of Indigenous Relations and Reconciliation of British Columbia

  • Recognition of Aboriginal Title

  • The new way of negotiating Aboriginal Title - unprecedented in Canada

  • Certainty and the transition process

  • Reconciliation of jurisdiction and laws and the role of Canada

1:40 - Questions and Discussion

Reconciliation Going Forward

1:50 - Faculty Roundtable - Implementing the Sharing Relationship

David C. Nahwegahbow
Nahwegahbow Corbiere, Barristers & Solicitors, Rama, Ontario

  • Treaties as sharing relationships

  • Creating balance

  • What does “good faith” mean in the treaty relationship?

2:40 - Questions and Discussion

2:50 - Chairs’ Closing Remarks

3:00 - Forum Concludes



Meet the Co-Chairs

Meet the Faculty


Registration Form

Program:

Honouring Treaties: Respect, Nation to Nation Relationships and Revenue Sharing

Date:

NEW DATE: April 9 & 10, 2025

Location:

National Arts Centre (1 Elgin Street), Ottawa, ON

Registration:

The registration fee is $1,465.00 plus HST of $190.45 totalling $1,655.45 for in-person and webinar attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.

Early Bird Discount:

Register by March 10, 2025 and receive a $200 discount on the registration fee ($1,265.00 plus $164.45 HST totaling $1,429.45). Discounts cannot be combined.

Group Discount:

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

If you would like to register a group, please fill out this form and email it to registrations@pbli.com:

DOWNLOAD FORM

Payment:

You may pay by VISA, Mastercard or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.

When and Where:

Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (ET). The National Arts Centre is located at 1 Elgin Street in Ottawa, ON. Please visit https://nac-cna.ca/en/visit/directions for directions.

Materials:

We will distribute papers and/or other materials provided by the faculty explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

Cancellations/Transfers:

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 (April 2, 2025). 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 and transfer in-person registration to webinar registration for this event.

To register by phone:

Telephone us: 604-730-2500

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.

Course Accreditation:

Attendance at this course can be listed for up to 10.25 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.


If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.