Demystifying the Aboriginal Relationship to the Land: Identifying Common Interests to Create Mutually Beneficial Business Relationships
Katherine Hensel
Stockwoods LLP Barristers

• Understanding the relationship of Aboriginal people to the land, resources and the environment
  - distinguishing the Aboriginal and non-Aboriginal views of land ownership
  - what is the Aboriginal “duty to protect” the land?
• Reconciling Aboriginal title with Crown title
• What is the impact of the Aboriginal relationship to the land on negotiating positions?
• Assessing the impact of cumulative effects and developments on Aboriginal communities
• Should Aboriginal protests or blockades to protect the land be considered criminal acts? If so, under what circumstances?

Cross Canada Update: Critical Case Law Impacting Stakeholder Negotiations
Mary Eberts
Law Office of Mary Eberts
Ben Jetten
Partner, Blake, Cassels & Graydon LLP

• Post-Platinex and Frontenac: Recent developments for when an injunction will issue to stop blockades and protests including the CN Rail case
• Analyzing the recent Supreme Court of Canada decision in Ermineskin Indian Band and Nation v. Canada
  - how should First Nations negotiate agreements to protect their fi nancial interests in light of this case?
• Are courts getting closer to describing “what is an infringement” in recent cases?
• Is the obligation of an administrative board to consider whether the duty to consult has been met increasing?
• How might these recent cases impact negotiations?
  - Kwikwetlem First Nation v. British Columbia (Utilities Commission)
  - Carrier Sekani Tribal Council v. British Columbia (Utilities Commission)

Ensuring Effective Negotiations of Land Claims: Legal Developments Stakeholders Need to Know Now
Grant Wedge
Legal Director, Ontario Ministry of Aboriginal Affairs
Candice S. Metallic
Legal Advisor, National Chief's Office, Assembly of First Nations
James A. O’Reilly, Ad. E
O’Reilly & Associés

• The emergence of new claims policy approaches and their impacts
• Achieving lasting negotiated outcomes: What changes must be made now?
• What are provinces doing about unresolved land claims?
• Addressing current issues and challenges in claims negotiation processes
• Contrasting the federal and provincial roles and responsibilities for land claims
  - how can federal and provincial governments work together to make the process more effi cient?
  - understanding the new federal land claims process
• What are the heightened duties of government and industry when there are pending land claims?
• What is the impact of unresolved land claims on third parties (proponents, developers, municipalities, residents)?
• Key issues industry and government need to consider

Negotiating with Métis Communities: Moving Projects and Developments Forward
Juli Abouchar
Partner, Willms & Shier Environmental Lawyers LLP
Jason Madden
Legal Counsel to the Métis Nation of Ontario, JTM Law

• Post-Powley: Getting up-to-date on cases affecting Métis rights and negotiations
  - R. v. Goodon: defi ning a Métis rights bearing community, the suffi ciency of government consultations and what resource developers need to know
  - recent developments in the Alberta Métis harvesting rights case
• Gaining an understanding of Métis organizations: What are the goals of each? How are they different?
• Do Métis rights differ from First Nation rights? If so, how?
• Successfully consulting with Métis: Adapting your negotiating strategies
  - identifying Métis rights-holders
  - determining if there is a historical community
  - understanding Métis governance structures
  - clarifying Métis consultation in the context of environmental assessments
  - challenges and best practices in consulting with Métis
• What happens if there is a parting of the ways between local and provincial Métis organization?
• What are the current federal and provincial approaches and policies with respect to Métis consultation?

Optimizing the Negotiation Process: Legal and Practical Tips for Meeting Expectations at the Negotiation Table
John Rowinski
Barristor & Solicitor, Law Office of John Rowinski

• Conducting sound pre-negotiation research
  - what critical items you should know before negotiations start
  - assessing your bargaining strengths and weaknesses
  - determining the correct community protocols
• Maximizing cooperation: Finding the best time to start consultations
• Avoiding common mistakes made during negotiations: Tips and traps
• Developing effective negotiation strategies to move discussions forward
• Managing expectations: Timelines, potential impacts and mitigation issues
• Finding common ground: Best methods for relationship building
• What if negotiations fail? Assessing and managing the risks of going ahead with your project
• Practical exercise: Reviewing a case scenario and preparing for a negotiation

Case Studies: Learning from Examples of Successful Negotiations to Create Thriving Partnerships between First Nations and Industry
Steve Yuzpe
Chief Financial Officer, Sprott Resource Corp.
Henry G. Wetelainen
President & CEO, Bending Lake Iron Ore Group Limited
Derek Teevan
V.P., Aboriginal and Government Affairs, Detour Gold

• Which industries provide the best opportunities for forming joint ventures between industry and Aboriginal communities?
• Using appropriate communication protocols to engage Aboriginal communities
• Guiding principles for establishing mutually benefi cial partnerships
• Understanding the role of consultation in building partnerships
• Case studies: Learning lessons from One Earth Farms and other recent negotiations

The Crown Perspective: Recent Federal and Provincial Initiatives to Improve Negotiations among Industry, Aboriginals and the Crown
Thomas Brett
Partner, Fogler, Rubinoff LLP
Anik Dupont
Director General, Specific Claims Branch, Treaties and Aboriginal Government, Indian and Northern Affairs Canada
Peter Landmann
Counsel, Ministry of the Attorney General, Ministry of Energy and Infrastructure, Legal Services Branch
David Didluck
Director, Negotiations Branch, Ontario Ministry of Aboriginal Affairs

• How can Aboriginal communities take advantage of Ontario’s new Green Energy and Green Economy Act, 2009 to negotiate clean energy ventures?
• Getting up-to-date on federal initiatives impacting negotiations
  - will the New Specifi c Claims Action Plan be more effective? what are the Aboriginal and industry concerns?
  - how will the new guidelines for federal offi cials affect negotiations between Aboriginal communities and other stakeholders?
  - update on the Major Projects Management Offi ce: how will it facilitate negotiations?
• Learning the latest on provincial initiatives affecting negotiations
  - what’s new with the Ontario Mining Act?
  - what can other provinces learn from BC’s plan to recognize aboriginal rights and title in provincial law?

Negotiating and Structuring Aboriginal Partnership Arrangements: Key Planning Considerations for Industry and Aboriginal Communities
Stephen Lindley
V.P., Aboriginal & Northern Affairs, SNC Lavalin Inc.
Michael J. McDonald
Principal, McDonald & Company Barristers & Solicitors

• Assessing the goals and expectations of each party
  - what key questions should industry ask Aboriginal communities?
  - what should Aboriginals be asking industry?
  - incorporating community values in the agreement
• Establishing the authority to negotiate and enter into an agreement
• Raising fi nancing for participation in a joint venture
• What should a partnership agreement between industry and Aboriginals look like?
• How do these agreements differ from typical partnership agreements?
• Drafting guidelines for typical provisions that should be included
• Incorporating a transparent, fair and manageable exit strategy
• Critical issues to address when equity participation is part of the agreement
• Structuring strategic partnerships and joint ventures: What you need to consider before signing the agreement
• Successful examples of joint venture partnership agreements between industry and First Nations