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Indigenous Legal Orders and the Common Law

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DescriptionMore DetailAgenda

Thursday & Friday, November 15 & 16, 2012
Time: 9:00 am – 4:15 pm BOTH DAYS
Pan Pacific Hotel, 999 Canada Place, Vancouver

Who should attend: All who focus on Aboriginal law issues, including lawyers in private practice, industry, and government; First Nations leaders, employees of First Nations or First Nations organizations, in-house counsel, and law students.

Learning level: All levels

Weaving the "Golden Thread of Continuity" into the legal landscape
This historic conference will be of interest to anyone involved in issues respecting Aboriginal people, and to everyone interested in building partnership in society. Featured keynote speakers will include: The Right Honourable Chief Justice of Canada, Beverley McLachlin, PC, The Honourable Chief Justice Lance Finch of the Court of Appeal for BC, The Honourable Steven Point, Lieutenant Governor of BC, Professor John Borrows, and Robina Professor of Law, Faculty of Law, University of Minnesota.

As a participant, you will learn from scholars of Indigenous law about the inherent principles and concepts underlying Indigenous legal orders. You will hear of existing applications of Indigenous law and join in exploration of what it means to establish a more pluralistic approach to legal problem-solving in Canada. You are invited to join this conversation, both theoretical and practical, about how Indigenous legal traditions and the Common Law might co-exist. Developing the idea of “the golden thread of continuity of the common law” offers both hope and a pathway to a future of peaceful and respectful co-existence. How can we, as practitioners and as a society, make space within the legal landscape for Indigenous legal orders?

Law Society of BC CPD Hours: 14.5 hours (a minimum of 2 hours will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

Planning Committee
Sally S. Campbell — S. Campbell Mediation Services, Hornby Island
M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

Featured Speakers
The Right Honourable Beverley McLachlin, P.C. — Chief Justice of Canada, Supreme Court of Canada, Ottawa
The Honourable Chief Justice Lance S. G. Finch — Court of Appeal for British Columbia, Vancouver
The Honourable Steven Point — Lieutenant Governor of British Columbia, Victoria
Dr. John Borrows — Robina Professor of Law, University of Minnesota Law School, Minneapolis

Pricing
EARLY BIRD (Register by October 18, 2012 and SAVE)
Regular/Live Webinar: $1,060 | Student: $585 (live course only)

After October 18, 2012
Regular/Live Webinar: $1,160 | Student: $660 (live course only)

Webinar Archive: This course will be added to the Webinar Archive. Contact Customer Service to subscribe.

Registration includes course materials, lunch on both days, and dinner with entertainment on Day 1 (5:00 pm – 8:00 pm). The dinner portion of the agenda - i.e. everything after 4:15 pm - will not be available online. Note: You will continue to receive a print copy of the materials at the course. In addition, you will receive an email with a link to the online version of the materials approximately one day before the course.

CLEBC Program Lawyer
Teresa Sheward
tsheward@cle.bc.ca

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Order the course materials
Price for papers published for this course, determined on publication, ranges from $90 to $195 plus shipping and HST.

Course Chairs
M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

About the Chairs
Louise Mandell, QC, LLD (hon) is an engaging public speaker and is committed to passing on her knowledge through her involvement in continuing legal education workshops and forums. She was one of the founding partners of Mandell Pinder, a law firm specializing in Aboriginal and treaty rights law. Louise was appointed Queen’s Counsel in 1997 and, in 2001, was awarded the Georges Goyer QC Memorial Award for exceptional contribution to the development of Aboriginal and Treaty Rights jurisprudence across the country.

Ardith (Walpetko We'dalx) Walkem is a member of the Nlaka'pamux Nation, practicing with Walkem and Associates. She has a Master of Laws from the University of BC, and has practiced in different areas related to Indigenous Peoples. Ardith's focus is on finding ways to make space within the Canadian legal system for the recognition of Indigenous laws, including the areas of child and family wellness, and also exploring laws about land and resource use.

Planning Committee
Sally S. Campbell — S. Campbell Mediation Services, Hornby Island
M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

Featured Speakers
The Right Honourable Beverley McLachlin, PC — Chief Justice of Canada, Supreme Court of Canada, Ottawa
The Honourable Chief Justice Lance S. G. Finch — Court of Appeal for British Columbia, Vancouver
The Honourable Steven Point — Lieutenant Governor of British Columbia, Victoria
Dr. John Borrows — Robina Professor of Law, University of Minnesota Law School, Minneapolis

About the Featured Speakers
Professor John Borrows completed his JD in 1990 at the University of Toronto and his PhD in 1994 at Osgoode Hall Law School. A member of Ontario’s Chippewas of Nawash First Nation and Anishinabe, John is a leading scholar and teacher in Indigenous, constitutional, and environmental law. In 2007, Professor Borrows received a fellowship in the Canadian Society of Arts, Humanities, and Science, and in 2006 he received a Trudeau fellowship for outstanding achievement in the humanities and social sciences. Professor Borrows currently holds the Robina Chair in Law, Public Policy and Society at the University of Minnesota in Minneapolis.

Chief Justice S. G. Finch completed his LLB at the University of BC in 1962 and was called to the BC bar in 1963. Chief Justice Finch was in private practice with Guild Yule in Vancouver from 1963 to 1983 before entering public service as a trial judge of the Supreme Court of British Columbia, and later a judge of the Court of Appeal of British Columbia and Yukon Territory. Chief Justice Finch was appointed Chief Justice of British Columbia and Yukon Territory in 2001.

Chief Justice McLachlin was educated at the University of Alberta, where she received a BA (Honours) in Philosophy in 1965, and both an MA in Philosophy and an LLB in 1968. She was called to the Alberta Bar and British Columbia bar in 1969 and 1971 respectively. Chief Justice McLachlin served in both the Supreme Court of British Columbia and the British Columbia Court of Appeal before being appointed Chief Justice of the Supreme Court of British Columbia in 1988. In 1989 she joined the Supreme Court of Canada and on January 7, 2000, she was appointed Chief Justice of Canada. She is the first woman in Canada to hold this position.

Steven L. Point, OBC received an LLB from the University of BC in 1985 and was called to the Bar in British Columbia in 1986. He was appointed a provincial court judge in February 1999 and in 2005 was appointed Chief Commissioner of the British Columbia Treaty Commission. Lieutenant Governor Point was sworn in as British Columbia's 28th Lieutenant Governor on October 1, 2007.

Faculty
The Honourable Administrative Judge Marion R. Buller Bennett — Provincial Court of British Columbia, Port Coquitlam
Dr. Jeannette C. Armstrong, PhD — Assistant Professor, Indigenous Studies, University of British Columbia, Okanagan Campus, Kelowna
Chief Marilyn Baptiste — Union of BC Indian Chiefs, Vancouver
Caleb Behn, JD — Fort Nelson First Nation, Calgary
Dr. John Borrows — Robina Professor of Law, University of Minnesota Law School, Minneapolis
Dr. Roshan Danesh — President, Education for Peace Canada, Victoria
Leah D. (Sisi-ya-ama) George-Wilson — First Nations Summit, West Vancouver
Dr. Ronald E. Ignace (Stsmelqín) — Secwepemc First Nation; Adjunct Professor, Department of Sociology and Anthropology, Simon Fraser University, Burnaby
Professor Michael Jackson, QC — Faculty of Law at Allard Hall, University of British Columbia, Vancouver
Grand Chief Edward John (Akile Ch'oh) — First Nations Summit, West Vancouver
Chief Robert Joseph — BC Assembly of First Nations, West Vancouver
Dr. Kiera Ladner — Associate Professor and Canada Research Chair, University of Manitoba, Winnipeg
M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Maxine V. H. Matilpi, JD, LLM — Kwakitul/Ma'amtigila Nations, First Nations Studies, Vancouver Island University, Nanaimo
Sharon D. McIvor — Instructor-Academic Studies, Nicola Valley Institute of Technology, Merritt
Professor Kent McNeil — Osgoode Hall Law School, York University, Toronto
Sarah Morales — Assistant Professor, Faculty of Law, University of Ottawa, Ottawa
Dr. Val Napoleon — Law Foundation Professor of Aboriginal Justice and Governance, Faculty of Law, University of Victoria, Victoria
The Honourable Steven Point — Lieutenant Governor of British Columbia, Victoria
Dr. Judith Sayers — Visiting National Aboriginal Economic Development Chair, Assistant Professor Business and Law, University of Victoria, Victoria
Dean Lorne Sossin — Osgoode Hall Law School, York University, Toronto
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack
Mark Wedge — Former Kha Shaa de Heni, Carcross Tagish First Nation, Tagish,Yukon
Chief Douglas S. White III (Kwulasultun) — Snuneymuxw First Nation, Nanaimo
Terri-Lynn (gid7ahl-Gudsllaay) Williams-Davidson — White Raven Law Corporation, Surrey

Day 1: Identifying Jurisdictional Space For Indigenous Laws Within Confederation

The history of the interface of Europeans and the common law with Aboriginal peoples is a long one. As might be expected of such a long history, the principles by which the interface has been governed have not always been consistently applied. Yet running through this history, from its earliest beginnings to the present time, is a golden thread—the recognition by the common law of the ancestral laws and customs of the Aboriginal peoples who occupied the land prior to European settlement.
- Chief Justice McLachlin in R. v. Van der Peet

Welcome and Introduction

opening prayer
opening remarks by chairs

M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

Welcome to the Witnesses

Chief Marilyn Baptiste — Union of BC Indian Chiefs, Vancouver
Leah D. (Sisi-ya-ama) George-Wilson — First Nations Summit, West Vancouver
Chief Robert Joseph — BC Assembly of First Nations, West Vancouver

Celebrating the Links of Indigenous Peoples to the Crown

Celebrating the laws of Indigenous Nations that pre-existed and survived the assertion of Crown sovereignty in BC, and the spirit of relationship that Indigenous Peoples and the Crown promised to honour in BC.

Chief Douglas S. White III (Kwulasultun) — Snuneymuxw First Nation, Nanaimo
Dr. Ronald E. Ignace (Stsmelqín) — Secwepemc First Nation; Adjunct Professor, Department of Sociology and Anthropology, Simon Fraser University, Burnaby

Networking Break

Indigenous World Views and The Golden Thread of Continuity

Indigenous world views and values, and how these inform Indigenous legal orders

The Honourable Steven Point — Lieutenant Governor of British Columbia, Victoria

The Golden Thread of Continuity: the challenge of moving toward transformation and recognition of Indigenous laws and legal orders

M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver

Indigenous legal orders and treaty federalism

Dr. Kiera Ladner — Associate Professor and Canada Research Chair, University of Manitoba, Winnipeg

Lunch with Keynote Speaker: "The Duty to Learn: Taking Account of Indigenous Legal Orders in Practice"

The Honourable Chief Justice Lance S. G. Finch — Court of Appeal for British Columbia, Vancouver

The Living Tree

Reflections upon the Living Tree doctrine within the common law and its power to make space for Indigenous laws within the Canadian constitutional framework:

A constitution… is drafted with an eye to the future. Its function is to provide a continuing framework for the legitimate exercise of governmental power …. Once enacted, its provisions cannot easily be repealed or amended. It must, therefore, be capable of growth and development over time to meet new social, political and historical realities often unimagined by its framers. The judiciary is the guardian of the constitution and must, in interpreting its provisions, bear these considerations in mind. Professor Paul Freund expressed this idea aptly when he admonished the American courts "not to read the provisions of the Constitution like a last will and testament lest it become one”.
- Chief Justice Dickson in Hunter v. Southam Inc.

Dr. John Borrows — Robina Professor of Law, University of Minnesota Law School, Minneapolis
Professor Michael Jackson, QC — Faculty of Law at Allard Hall, University of British Columbia, Vancouver
Professor Kent McNeil — Osgoode Hall Law School, York University, Toronto

International Opportunities Supporting Recognition of Indigenous Laws

Grand Chief Edward John (Akile Ch'oh) — First Nations Summit, West Vancouver

Networking Break

Pathways to Recognition of Indigenous Laws

Reflections upon practical examples and opportunities for the recognition of Indigenous laws.

restoring community wellness through Indigenous laws

Mark Wedge — Former Kha Shaa de Heni, Carcross Tagish First Nation, Tagish,Yukon

Indigenous laws incorporated into governance structures

Dean Lorne Sossin — Osgoode Hall Law School, York University, Toronto

Indigenous laws as a basis for relationship building

Dr. Judith Sayers — Visiting National Aboriginal Economic Development Chair, Assistant Professor Business and Law, University of Victoria, Victoria

Closing Comments

5:00 – 8:00 Dinner and Entertainment (Co-hosted by the Union of BC Indian Chiefs, First Nations Summit, and Assembly of First Nations, British Columbia). NOTE: This portion is NOT AVAILABLE online.

Button Blankets as Indigenous Legal Pedagogy—Art Installation

Maxine V. H. Matilpi, JD, LLM — Kwakitul/Ma'amtigila Nations, First Nations Studies, Vancouver Island University, Nanaimo

DAY 2—Indigenous Laws: Dreaming a Collective Future of Recognition

Opening: Chairs’ Reflections on Day 1 and Introduction to Day 2

M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith (Walpetko We’dalx) Walkem — Walkem & Associates, Chilliwack

Indigenous Law as Law, On the Ground, and in Practice

Indigenous law as law

Dr. Val Napoleon — Law Foundation Professor of Aboriginal Justice and Governance, Faculty of Law, University of Victoria, Victoria

envisioning the interaction of Haida laws to achieve respectful co-existence

Terri-Lynn (gid7ahl-Gudsllaay) Williams-Davidson — White Raven Law Corporation, Surrey

Networking Break

persistence of Indigenous laws: family law

Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

Indigenous legal traditions and a land ethic

Dr. Jeannette C. Armstrong, PhD — Assistant Professor, Indigenous Studies, University of British Columbia, Okanagan Campus, Kelowna

Constitutional Space and Indigenous Legal Orders

Dr. John Borrows — Robina Professor of Law, University of Minnesota Law School, Minneapolis

Lunch with Keynote Speaker: “A Country: Its Peoples and Its Law”

The Right Honourable Beverley McLachlin, PC — Chief Justice of Canada, Supreme Court of Canada, Ottawa

Exploring Indigenous Dispute Resolution Mechanisms Within and Outside of the Adversarial Model

Personal perspectives and experiences; thoughts on why hope and change are needed.

The Honourable Administrative Judge Marion R. Buller Bennett — Provincial Court of British Columbia, Port Coquitlam
The Honourable Steven Point — Lieutenant Governor of British Columbia, Victoria

Networking Break

Dialogue on a Shared Dreaming: Imagining Space for Indigenous Laws in Practice

How can the Canadian legal landscape be transformed to make space for Indigenous Laws, and what might that look like?

creating inclusive space for Indigenous laws and possibilities

Dr. Roshan Danesh — President, Education for Peace Canada, Victoria

incorporating Coast Salish legal traditions

Sarah Morales — Assistant Professor, Faculty of Law, University of Ottawa, Ottawa

women and feminism in Indigenous laws: moving forward

Sharon D. McIvor — Instructor-Academic Studies, Nicola Valley Institute of Technology, Merritt

Treaty 8 and laws on the land

Caleb Behn, JD — Fort Nelson First Nation, Calgary

Witness Observations and Reflections

Closing Remarks From the Chairs

M. Louise Mandell, QC, LLD (hon) — Mandell Pinder LLP, Vancouver
Ardith A. (Walpetko We'dalx) Walkem — Walkem & Associates, Chilliwack

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Indigenous Legal Orders and the Common Law

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