Western Aboriginal Consultation & Negotiation 2015

REGISTER NOW | 1-877-927-0718x7372

[email protected]

EARN

CPDHOURS

@AborigConnect #WACN

CI Energy Group’s 8th Annual

Western Aboriginal

Consultation & Negotiation

An in-depth look at policy changes as well as practical

guidance for conducting meaningful consultation

Hear directly from the Ministry of Aboriginal Relations:

Stan Rutwind, Q.C.

Assistant Deputy Minister

Consultation and Land Claims

Get the latest updates on the roll-out of Alberta’s new consultation policy

Hear leading practices for building long-term relationships to gain community

support and establish certainty surrounding project timelines

Gain practical tools for creating e�ciencies in the consultation process

Learn how to establish and maintain winning Aboriginal-industry business

partnerships

Hear from a distinguished faculty of

industry, government and Aboriginal

experts from:

ATCO Group of Companies

Mikisew Cree First Nation

Ministry of Aboriginal Relations, Alberta

SNC-Lavalin Inc.

TransAlta Corporation

Woodland Cree First Nation

February 10 & 11, 2015 | Delta Edmonton South Hotel &

Conference Centre | Edmonton, Alberta

“Keep up the good work on compiling presentations!” – Consultation Officer, Siksika Nation

“Well organized and had excellent speakers representing First Nations, Industry and Government”– Lands & Resource Assistant, Smith’s Landing

PLUS! Enhance your learning by attending in-depth interactive workshops on:

A Mastering the Fundamentals of Aboriginal Law B A Hands-On Guide to Developing a Model Impact Bene�t Agreement

See inside for details.

To receive exclusive discounts, program updates and o�ers,

join our email list at www.canadianinstitute.com/emaillist

Practical Guidance for Developing Long-Term Partnerships

It has been another transformative year in Aboriginal

consultation policy and practice. As the Government of Alberta’s

Policy on Consultation with First Nations and Natural Resources

Management, 2013 continues its roll-out, uncertainties remain

surrounding roles and responsibilities under the new policy.

Yet, what has remained the same is an urgent need for stakeholders

to engage in meaningful consultations. Looking to the future, the

o�en con�icting views of industry, government and Aboriginal

communities on project development must be managed

collectively and with a view to consensus-building in order to

be successful. Consultations, if managed successfully, hold the

potential to establish such a balance.

Building o� the success of previous editions, CI Energy Group’s

Western Aboriginal Consultation & Negotiations Conference will

bring together diverse perspectives from Aboriginal communities,

industry and government to discuss critical updates in policy as

well as innovative ways to enhance your consultation practices.

What progress has been made in Alberta’s new consultation

policy and how will it impact consultations as it advances?

What are industry leaders doing to engage in meaningful

consultations and how can their learnings be applied to your

practices?

How can you ensure that all stakeholders are on the same page

early and collaborating to manage the consultation process?

What are the key ingredients for successful Aboriginal-Industry

business partnerships?

Don’t miss this opportunity to hear directly from the Alberta Ministry of Aboriginal Relations about the latest developments

in consultation policy.

Sign up early to secure your spot! Register today by call 1-877-927-7938 or online at www.CanadianInstitute.com/WesternAboriginal

Distinguished FacultyOrlando Alexis

Consultation Manager

Alexis Nakota Sioux Nation

Beverly Crier

Culture Department Portfolio

Samson Cree Nation

Jennifer Eisenberg

Associate General Counsel, Operations Legal

Cenovus Energy Inc.

Michelle Forrieter

Legal Counsel, Cenovus Energy Inc.

Blaine C. Favel

Chancellor, University of Saskatchewan

Executive Chairman, One Earth Oil and Gas

Robert Freedman

Principal, JFK Law Corporation

Amanda GladueCouncillor, Sturgeon Lake Cree Nation

Judy Half

Aboriginal Liason O�cer

Royal Alberta Museum

JoAnn JamiesonPartner, Lawson Lundell LLP

Melody LepineDirector, Government and Industry RelationsMikisew Cree First Nation

Stephen LindleyVice-President, Aboriginal & Northern A�airsSNC-Lavalin Inc.

Ron MauriceSenior Partner, Maurice Law

Terry MitchellSenior Manager, Aboriginal Business Development – Canada, ATCO Group of Companies

Neil ReddekoppPartner, Ackroyd LLP

Stan Rutwind, Q.C.

Assistant Deputy Minister, Consultation and Land

Claims, Alberta Ministry of Aboriginal Relations

Amanda Sanregret

Senior Advisor, Aboriginal Relations

TransAlta Corporation

Barrie Shibley

CEO, Alexander First Nation

Lyle Vierek

Director, Aboriginal Relations and Negotiations

BC Hydro

Matthew Whitehead

Director of Lands & Consultation

Woodland Cree First Nation

Attendance at this program by members of the Law

Society of Alberta may be submitted to the Law Society

for Continuing Professional Development credits.

EARN

CPDHOURS

“Liked the di�erent points of view in regards to the players at the table” – Advisor, Community Development, ATCO Sustainable Communities

“Liked the varied viewpoints” – Counsel, Justice Canada

REGISTER at 1-877-927-0718x7372 or [email protected] @AborigConnect #WACN

“Excellent conference” – Consultation Coordinator, Lubicon Lake Band

REGISTER at 1-877-927-0718x7372 or [email protected]

Day 1 | Tuesday, February 10, 2015

8:00 Registration Opens and Refreshments are Served

9:00 Opening Remarks from Co-Chairs

9:15 A Critical Update on Alberta’s Evolving Consultation Policy: The Government of Alberta’s Policy on Consultation with First Nations on Land and Resource Management, 2013

Stan Rutwind, Q.C.

Assistant Deputy Minister, Consultation and Land ClaimsAlberta Ministry of Aboriginal Relations

• Examining the latest updates and ensuring a smooth transition as implementation continues

• An in-depth overview of key components, including:

- �e new Consultation O�ce – how will it be working with the AER and ERSD?

- First Nations Consultation Guidelines – determining timelines, understanding industry-speci�c matrices and understanding the new Proponent Guide

- Bill 22 and the Aboriginal Consultation Levy Act: what will be required from industry and will this funding system meet First Nations’ needs in order to engage in the consultation process?

- Changes in transparency and disclosure requirements

• Clarifying changes to industry and First Nations’ obligations under the new Policy

10:00 Consultation and Collaboration – Exploring Ways to Develop Meaningful Partnerships that Last

Blaine C. Favel

Chancellor, University of Saskatchewan

Executive Chairman, One Earth Oil and Gas

• Examining the role of consultation in successful relationship-building

• Identifying challenges and how they can be overcome

• Lessons learned in achieving win-win partnerships

• Creating a culture of awareness and open communications

• Maintaining on-going relationships for true success

10:45 Networking Refreshment Break

11:00 Building Credibility & Trust – Lessons in Developing New Relationships and Strengthening Existing Ones

Amanda Sanregret

Senior Advisor, Aboriginal Relations, TransAlta Corporation

• Understanding Aboriginal governance, pressures and expectations impacting leaders

• Breaking down barriers through strong communications – tips and tools to re�ne your practices

• Realizing the bene�ts of e�ective relationship-building, including:

- Heightened support for a project from the community

- Better certainty around project timelines and costs

- Minimizing challenges impacting regulatory approvals

11:45 Update on Financial Transparency Initiatives for the Resource Extraction Sector and Aboriginal Communities

Jennifer Eisenberg

Associate General Counsel, Operations Legal, Cenovus Energy Inc.

Michelle Forrieter

Legal Counsel, Cenovus Energy Inc.

• Examining some key current international, federal and provincial �nancial transparency initiatives that may capture payments made to Aboriginal communities

• Highlights of the First Nations Financial Transparency Act (FNFTA)

• Considering the movement toward heightened disclosure – how might these initiatives a�ect impact bene�t agreement negotiations?

12:30 Networking Luncheon for Speakers and Delegates

1:45 Exploring the Proponent’s Role in Identifying, Dealing with and Mitigating Cumulative Effects

Jacob Handel

Community Relations Advisor and Remediation, BP

• Understanding a project’s impacts in the context of existing regional conditions

• Analyzing a cumulative e�ects framework: mapping, thresholds, land use plans, and monitoring of traditional resource quality and quantity

• Implementing strategies and tools with a view to environmental, economic and social outcomes

• Addressing place-based decision-making: challenges and approaches government can take to overcome them

• Understanding project speci�c concerns and how they impact traditional and aboriginal rights

• Coordinated access management between di�erent proponents and Aboriginal communities

2:30 Examining How to Incorporate Traditional Knowledge & Land-Use Studies in Consultation and Environmental Impact Assessments

Matthew Whitehead

Director of Lands & Consultation, Woodland Cree First Nation

• Creating a framework for including traditional knowledge and traditional land use studies in Environmental Impact Assessments and other regulatory processes

• Successful traditional knowledge collection methodology

• How to incorporate TEK in mitigating project speci�c impacts so that FN can meaningfully carry out traditional and aboriginal rights


3:30 Negotiating & Implementing Win-Win Impact Benefit Agreements (IBAs)

Melody Lepine

Director, Government and Industry RelationsMikisew Cree First Nation

Robert Freedman

Principal, JFK Law Corporation

• First steps: evaluating whether or not an IBA is the appropriate answer to your situation

• Tailoring an IBA to encourage engagement and relationship-building

• Clarifying the role of government, the proponent and Aboriginal communities in negotiating IBAs

• Ensuring you have the right people involved and that your IBA delivers value

• Exploring practical ways to overcome common challenges in the process

• Integrating capacity building into your consultation agreements

4:30 Closing Remarks from Co-ChairsConference Adjourns


REGISTER at 1-877-927-0718x7372 or [email protected]

Day 2 | Wednesday, February 11, 2015

8:30 Coffee Served

9:00 Opening Remarks from Co-Chairs

9:15 An Action Plan for Promoting Women’s Leadership During the Consultation Process

Judy Half

Aboriginal Liason O�cer, Royal Alberta Museum

Beverly Crier

Culture Department Portfolio, Samson Cree Nation

• What are the main challenges impacting women in Aboriginal communities?

• Empowering women to develop strong voices in the consultation process – what can industry and government do to support this initiative?

• Understanding the double-bind dilemma for Aboriginal women in leadership positions and how promoting women’s advancement can strengthen consultation practices as a whole

10:00 Building Capacity – Practical Tools and Approaches to Create Better Relationships between Aboriginal Communities and Industry

Orlando Alexis

Consultation Manager, Alexis Nakota Sioux Nation

• Resources for streamlining consultations – alleviating the burden on Aboriginal communities

• Solutions for balancing consultation requirements with day-to-day responsibilities – what can Aboriginal communities do to e�ectively manage time and resources?

• What can industry do to help ensure the consultation process is compliant but not too burdensome for Aboriginal communities?

• Exploring economic opportunities for partnerships and examples of e�ective capacity-building initiatives


11:00 Best Practices in Engagement and Relationship-Building

Stephen Lindley

Vice-President, Aboriginal & Northern A�airs, SNC-Lavalin Inc.

• Exploring how negotiated agreements can change a communities from a social, economic and cultural perspective

• Understanding common challenges to industry-Aboriginal consultation and how to overcome them

• Considerations for successful partnerships and collaboration in First Nations territories

• Creating plans for keeping the community informed, engaged and involved to continue smooth operations

11:45 Networking Luncheon for Speakers and Delegates

1:00 Landmark Developments in Consultation Law and Impact of Recent Court Cases

JoAnn Jamieson

Partner, Lawson Lundell LLP

• Critical update on precedents being set for Aboriginal consultation across Canada

• Rami�cations of the Tsilhqot’in Nation vs. British Columbia Supreme Court of Canada decision

• What is the impact of using the courts to manage disputes? How is this trend shaping the consultation process?

• Examining pending court cases and their implications – how could these decisions shape current and future projects?

1:45 Developing Successful Joint Ventures between Industry and First Nations

Terry Mitchell

Senior Manager, Aboriginal Business Development – Canada

ATCO Group of Companies

Barrie Shibley

CEO, Alexander First Nation

• Identifying criteria for successful business partnerships

• Winning practices to align organizational goals, create cultural awareness and open communication channels

• Tips to keep your relationship on track and avoid disputes

• What are the guiding principles for establishing mutually bene�cial partnerships?


2:45 Latest Developments in Métis Rights and Interests

Neil Reddekopp

Partner, Ackroyd LLP

• Métis rights following the Daniels decision: what lies ahead following the Federal Court of Appeal’s recognition of the Métis?

- An analysis of how Métis dealings with the Crown will be shaped going forward

- Impact on current and future claims

• Key examples of successful consultation by industry with Métis communities

3:30 Multi-Stakeholder Perspectives on the Future of Aboriginal Consultations

Lyle Vierek

Director, Aboriginal Relations and Negotiations, BC Hydro

Amanda Gladue

Councillor, Sturgeon Lake Cree Nation

Neil Reddekopp

Partner, Ackroyd LLP

• How would you characterize the current consultation process?

- How could it be improved? What are some alternatives?

• What are some practical tools for creating e�ciencies in the consultation process?

• Outlining e�ective approaches for informing and consulting with Aboriginal communities

• What are the main challenges and barriers to conducting meaningful consultations? How can they be overcome?

4:15 Closing Remarks from Co-ChairsConference Concludes


9:00 am – 12:00 pm (Registration opens at 8:30 am)

A Mastering the Fundamentals of Aboriginal Law

Ron Maurice

Senior Partner, Maurice Law

�is invaluable workshop will provide you with the essentials of Aboriginal Law so that you can make the most of your experience at the conference. Maximize complex issues and legal principles. At the end of this workshop, leave with a clear grasp of the concepts, cases and factors that will impact you throughout your consultation, regulatory proceedings and litigation, including:

• What is the “duty to consult” and where does “accommodation” �t into this framework?

• An overview of treaties in e�ect in Alberta

• Reviewing the basics of Aboriginal law as it pertains to the duty to consult- Understanding the di�erence between Aboriginal rights and

Aboriginal titles- Exploring the legalities of treaties to understand their impact

on consultations

• Clarifying the de�nitions of “Fiduciary Duty” and the “Honour of the Crown”

• Judicial review of government decisions impacting Aboriginal rights

• Distinguishing between speci�c and comprehensive claims

• Analyzing the concept of Aboriginal self-government

1:00 – 4:00 pm (Registration opens at 12:30 pm)

B Hands-On Guide to Developing a Model Impact Benefit Agreement

In this interactive workshop, delegates will have a forum to discuss the challenges faced in developing an Impact Bene�t Agreement from the perspective of First Nations and the proponent. Walk away with a clear understanding of how to develop an IBA from scratch.

• An in-depth look at the types of IBAs and their level of e�ectiveness

• Assessing speci�c IBA clauses: what works in practice?

• Understanding the tools and techniques for negotiating IBAs

• Creating a winning template

• Examining the bene�ts of including capacity development and educational initiatives within IBAs

• Addressing how to resolve key issues, including:

- Financial management; jobs and training; environment; dispute resolution

A light lunch will be served to delegates participating in both workshop A and B.

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SPECIAL PRICING FOR ABORIGINAL GROUPS

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ADMINISTRATIVE DETAILS

VENUE: Delta Edmonton South Hotel & Conference Centre ADDRESS: 4404 Gateway Boulevard, Edmonton, AB T6H 5C2TEL.: (780) 434-6415

Hotel Reservations

A limited Number of rooms have been set aside at the Delta Edmonton South Hotel on a first come, first serve basis, based on hotel availability with rates starting at $185. To book on line, please go to http://bit.ly/116jSpD or call 1-800-661-1122 and request “Western Aboriginal Consultation”group rate.

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The fee includes the program, all program materials, coffee breaks and lunches.

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Payment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to 4 or more individuals employed by the same organization, who register at the same time. For more information on group rates, please call 1-877-927-0718x7372.

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Daniel Gellman at 416-927-0718 ext. 7389, toll-free 1-877-927-0718 ext. 7389 or by email at [email protected]

Pre-Conference Workshops | Monday, February 9, 2015

Top Reasons to Attend

Get the latest updates on Alberta’s new consultation framework

Network with industry, government and Aboriginal thought-leaders

Hear best practices and case studies on successful relationship-building

Discover ways to strengthen your social license to operate

Explore the key criteria for a win-win Aboriginal-Industry business partnership

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CI Energy Group’s

Western Aboriginal

Consultation & Negotiation

An in-depth look at policy changes as well as practical guidance for conducting meaningful consultation

CI Energy Group’s 8th Annual

Western Aboriginal

Consultation & NegotiationAn in-depth look at policy changes as well as practical guidance for conducting meaningful consultation

February 10 & 11, 2015 | Delta Edmonton South Hotel & Conference Centre | Edmonton, Alberta

Who You Will MeetSenior Executives, Directors and Managers of Aboriginal Relations, Internal and External A�airs, Stakeholder

Relations, Community Relations, Project Development, Environmental Planning, Government and Corporate

A�airs, Policy Analysts, In-House Counsel and Partners from:

Oil and Gas

Mining and Exploration

Power Generation and Transmission

Agriculture and Forestry

Provincial and Federal Government

Aboriginal Communities

Engineering and Environmental Services

Law Firms

Documents

Western Aboriginal Consultation & Negotiation 2015