2016 National Conference: The Daniels Case: Understanding The New Era of Métis Rights Law

Faculty Agenda Download Brochure PDF

Métis rights and legal issues continue to gain increased prominence in the courts; yet, the on-the-ground implications of these judicial developments are not always well understood by lawyers, governments, industry and Métis communities alike. This program, designed and delivered by some of Canada’s leading experts, will provide you with the knowledge you need to understand the practical impact of this important decision on all stakeholders involved. Benefit by hearing directly from counsel involved in Daniels.

Throughout the program there will be plenty of opportunity for questions, discussion and constructive debate. You will have the opportunity to submit individual questions throughout the program, which will be answered and discussed by our Program Chairs in the Interactive Roundtable Q&A at the end of the conference.

Over one engaging day, you will learn about:

• Daniels v. Canada: Experts will walk you through the decision from the perspective of the Métis, Non-Status Indians, First Nations and governments. Topics include:
  • Overview of the case – the black, white and grey areas
  • What Daniels  means and doesn’t mean, and the implications for Métis and Non-Status Indian individuals and communities
  • Understanding why some declarations weren’t granted – judicial confirmation with respect to the Crown’s fiduciary relationship and duty to negotiate
• The division of powers – the effect of Daniels on the federal and provincial governments; policy implications
• How will this ruling impact treaties, claims processes and access to federal programs, services, and benefits for Métis and non-status Indians?
• What does reconciliation mean in the context of Métis and Non-Status Indians
• Developing a federal Métis claims process in light of Daniels — issues, challenges and opportunities
  • Modern day land claims: the experience north of the 60th parallel and the Northwest Territory Métis Nation Agreement-In-Principle
  • An update on implementing Manitoba Métis Federation v. Canada and other Métis claims across Canada
  • Using claims processes as vehicles for reconciliation — the pros, cons and best practices

Topics include:

• Who are the Métis?
  • Métis identity issues — understanding the relationships between s. 91(24), s. 35 and self-identification
  • Representation and standing issues- who can bring a claim on behalf of the Métis?
• Métis Identification and Registry Issues
  • Recent developments — Métis-created registration systems as well as the Alberta Métis Settlements experience
  • The relationship between Métis registration, the Indian Act and modern day land claims
• Métis Consultation and Accommodation: Best practices and recent developments
  • Case Studies: The Ontario, Manitoba and Alberta experiences
  • A Checklist on Métis Consultation: What practitioners and industry needs to know
• Implementing R. v. Powley: Where Are We in 2016?
  • Lessons learned – Métis harvesting negotiations and agreements from Ontario westward
  • Understanding different approaches to the Powley test used across Canada
• Métis Land Rights and Outstanding Claims
  • Métis Aboriginal title – does it exist, what is the test, how do you prove it?
  • The intersection or collision of Métis and First Nation land rights – how is reconciliation achieved for all Aboriginal peoples?
• Recent developments in Métis research
  • The legal perspective- how Métis research informs legal analysis, assessment and negotiations, including case studies on processes in Ontario, Manitoba and Alberta
  • Updates on the Métis Treaties Project, the Métis Archival Project and the Métis Digital Archives Database Project

Faculty

Program Chairs

• Thomas Isaac, Partner, Cassels Brock & Blackwell LLP and served as Ministerial Special Representative on Métis Rights
• Jason Madden, Partner, Pape Salter Teillet LLP

Keynote Speaker

• David Chartrand, LL.D. (hons), O.M., President, Manitoba Métis Federation

• Al Benoit, Chief of Staff, Manitoba Métis Federation
• Karey Brooks, Partner, JFK Law Clément Chartier, Q.C. President, Métis National Council
• David Chartrand, LL.D. (hons), O.M., President, Manitoba Métis Federation
• Larry Chartrand, Professor, University of Ottawa, Faculty of Law
• Zachary Davis, Associate, Pape Salter Teillet LLP
• Darwin Hanna, Partner, Callison & Hanna
• Thomas Isaac, Partner, Osler, Hoskin & Harcourt LLP and served as Ministerial Special Representative on Métis Rights
• Mark R. Kindrachuk, Q.C., Senior General Counsel, Justice Canada
• Jason Madden, Partner, Pape Salter Teillet LLP
• P. Mitch McAdam, Q.C., Director, Constitutional Law Branch, Saskatchewan Justice
• Tracee McFeeters, Registrar, Métis Nation of Alberta
• Stan Rutwind, Q.C., Assistant Deputy Minister, Consultation and Land Claims, Alberta Indigenous Relations
• Ryan Shackleton, Know History Inc.
• Bruno Steinke, Director of Consultation & Accommodation Unit, Aboriginal Affairs and Northern Development Canada
• Jean Teillet, Counsel, Pape Salter Teillet LLP
• Candice Telfer, Counsel, Ontario Ministry of Aboriginal Affairs
• Joe Wild, Senior Assistant Deputy Minister, Treaties and Aboriginal Government, Aboriginal Affairs and Northern Development Canada

Agenda

View Brochure PDF

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

Technical Support

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