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Osgoode’s Certificate in Fundamentals of Aboriginal Law was created to help you understand this complex and vitally important body of law. It is a short, deep dive into the knowledge and content needed to be able to work more effectively when dealing with Aboriginal law issues.

A truly outstanding faculty of practicing lawyers and academics drawn from across the country will concentrate on the core aspects of Aboriginal law, focusing not just on the law itself, but also those practical considerations that are key to understanding the rapidly changing legal environment.

The aim of the program is to give you a practical understanding of Aboriginal rights and title, the constitutional framework, reserve lands and developments on reserve, treaty interpretation, modern treaties and consultation and accommodation. The certificate wraps up with a case study which will focus on a hypothetical development project for a multi-province linear corridor in southern Canada.

Throughout the program there will be ample opportunity for questions, discussion and debate.

Topics include:

  • The historic narrative
  • The constitutional framework
  • Understanding historic treaties – the context, perspectives and contemporary realities
  • The Indian Act: key issues for practitioners and policy makers
  • Tsilhqot’in and Keewatin and the implications for Canada, the provinces and Aboriginal peoples
  • Understanding modern day treaties using case studies and a Canada-wide comparative analysis
  • Addressing overlapping claims and shared territories
  • The duty to consult and accommodate – its origins, recent case law developments and current trends
  • Consultation approaches and policies across Canada, including current and developing practices in resource development, impact benefit agreements, participation agreements, cooperation agreements and revenue sharing agreements and policies
  • The Certificate will conclude with a Case Study specifically designed for the program, which will focus on a hypothetical development project for a multi-province linear corridor in southern Canada

Day 1: February 14, 2017
Introduction and Framework

Day 2: February 23, 2017
The Historic Treaties, Treaty Rights and the Indian Act

Day 3: March 8, 2017
The Aboriginal Rights Framework in s.35 of the Constitution Act 1982

Day 4: March 30, 2017
Modern Day Treaties

Day 5: April 12, 2017
The Duty to Consult and Accommodate

Faculty

Program Directors

  • Sandra A. Gogal, Miller Thomson LLP, Toronto
  • Jason T. Madden, Pape Salter Teillet LLP, Toronto

Advisory Board

  • Keith B. Bergner, Lawson Lundell LLP, Vancouver
  • Christopher Devlin, Devlin Gailus Westaway Law Corporation, Victoria
  • Katherine Hensel, Hensel Barristers, Toronto
  • Peter W. Hutchins, Hutchins Legal Inc., Montréal
  • Thomas Isaac, Osler, Hoskin & Harcourt LLP, Toronto
  • Robert Janes, JFK Law Corporation, Victoria
  • Peter R. Lemmond, Counsel, Ministry of the Attorney General, Crown Law Office – Civil
  • Naiomi W. Metallic, Burchells LLP, Halifax

Past Faculty Members have Included:

  • Jim Aldridge Q.C., Aldridge & Rosling, Vancouver
  • Keith B. Bergner, Lawson Lundell LLP, Vancouver
  • The Honourable Ian Binnie C.C., Q.C., Counsel, Lenczner Slaght Royce Smith Griffin LLP
  • Aimée Craft, Assistant Professor, Faculty of Law, University of Manitoba
  • Christopher Devlin, Devlin Gailus Westaway Law Corporation, Victoria
  • Douglas R. Eyford, Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
  • Maxime Faille, Gowling Lafleur Henderson LLP, Ottawa
  • Nuri G. Frame, Pape Salter Teillet LLP, Toronto
  • Sandra A. Gogal, Miller Thomson LLP, Toronto
  • John Hurley, Gowling Lafleur Henderson LLP, Montréal
  • Peter W. Hutchins, Hutchins Legal Inc., Montréal
  • Shin Imai, Associate Professor, Osgoode Hall Law School, York University
  • Larry Innes, Olthuis, Kleer, Townshend LLP
  • Thomas Isaac, Osler, Hoskin & Harcourt LLP, Toronto
  • Robert Janes, JFK Law Corporation, Victoria
  • Mark R. Kindrachuk Q.C., General Counsel, Justice Canada, Saskatoon
  • Nancy Kleer, Olthuis, Kleer, Townshend LLP, Toronto
  • The Hon. Justice Harry S. LaForme, Ontario Court of Appeal
  • David de Launay, Deputy Minister, Ontario Ministry of Northern Development and Mines
  • Clayton Leonard, MacPherson Leslie & Tyerman LLP, Calgary
  • Allan MacDonald, Director General, Implementation Branch, Aboriginal Affairs and Northern Development Canada
  • Jason T. Madden, Pape Salter Teillet LLP, Toronto
  • Naiomi W. Metallic, Burchells LLP, Halifax
  • Kimberly R. Murray, Assistant Deputy Attorney General, Aboriginal Justice Division, Ministry of the Attorney General
  • Dwight Newman, Canada Research Chair in Indigenous Rights in Constitutional and International Law, College of Law, University of Saskatchewan
  • Robert J. Potts, Blaney McMurtry LLP, Toronto
  • David M. Robbins, Woodward & Company, Victoria
  • Professor Brian Slattery, Osgoode Hall Law School, York University
  • Jean Teillet, Pape Salter Teillet LLP, Vancouver

Past 2015

Agenda

  • Day 1: The Osgoode Certificate in Fundamentals of Aboriginal Law

    September 23, 2015, 9:00 a.m. – 4:30 p.m.

    Introduction and Framework

    Overview of the Historic Narrative

    • The pre-existence of Aboriginal peoples and the assertion of sovereignty
    • Canada’s creation, expansion and settlement
    • Treaty making with Aboriginal peoples (pre and post-Confederation)
    • The ongoing national project of treaty making and reconciliation with Aboriginal peoples

    Understanding the Constitutional Framework

    • The Royal Proclamation, 1763
    • The Division of Powers and Section 91(24) of the Constitution Act, 1867
    • The 1870 Order, the Manitoba Act, 1870, the Natural Resources Transfer Agreements and other constitutional instruments
    • The Constitution Act, 1982
    • The role of International Norms and Principles and the United Nations Declaration on the Right of Indigenous Peoples

    A Brief Overview of the Case Law and Key Legal Concepts from the Last 40 Years

    • Calder, Guerin, Vanderpeet, Powley, Haida, Manitoba Métis Federation, Tsilhqot’in, Keewatin and everything in between
    • Aboriginal Title, Aboriginal and Treaty Rights, the Division of Powers, Inter-jurisdictional Immunity, the Honour of the Crown and its Related Duties (i.e., Fiduciary Duty, Treaty Interpretation and Implementation, the Duty to Consult and Accommodate) and Reconciliation

    Luncheon Keynote Speaker
    The Hon. Justice Harry S. LaForme, Ontario Court of Appeal

    Faculty
    Jean Teillet, Pape Salter Teillet LLP, Vancouver
    Peter W. Hutchins, Hutchins Legal Inc., Montréal
    Professor Brian Slattery, Osgoode Hall Law School, York University
    Thomas Isaac, Osler, Hoskin & Harcourt LLP, Toronto

  • Day 2: The Osgoode Certificate in Fundamentals of Aboriginal Law

    October 7, 2015, 9:00 a.m. – 4:30 p.m.

    The Historic Treaties, Treaty Rights and the Indian Act

    • The Historic Treaties: Context, Perspectives and Contemporary Realities
    • The Relationship between the Historic Treaties and the Role of the Crown, the Division of Powers, Treaty Rights and the Indian Act
    • An Overview of the History and Development of the Indian Act and its Ongoing Evolution
    • The Indian Act: Key Issues for Practitioners and Policy-Makers
      • Membership, representation and capacity issues
      • Reserve lands and development on reserve
      • Additions to reserves, treaty land entitlement and specific claims
      • Taxation issues
      • Recent legislative changes
      • Current Indian Act litigation: a cross country review
    • Emerging Issues Concerning the Indian Act
      • Equality and human rights challenges
      • The emerging area of “Aboriginal Administrative Law”

    Luncheon Keynote Address
    Delivering Access to Justice in Aboriginal Communities
    Kimberly R. Murray, Assistant Deputy Attorney General, Aboriginal Justice Division, Ministry of the Attorney General

    Faculty
    Aimée Craft, Assistant Professor, Faculty of Law, University of Manitoba
    Shin Imai, Associate Professor, Osgoode Hall Law School, York University
    Christopher Devlin, Devlin Gailus Westaway Law Corporation, Victoria
    Maxime Faille, Gowling Lafleur Henderson LLP, Ottawa
    Nancy Kleer, Olthuis, Kleer, Townshend LLP, Toronto
    Naiomi W. Metallic, Burchells LLP, Halifax

  • Day 3: The Osgoode Certificate in Fundamentals of Aboriginal Law

    October 21, 2015, 9:00 a.m. – 4:30 p.m.

    The Aboriginal Rights Framework in Section 35

    • Section 35 Aboriginal Rights Framework
      • The legal tests and “best practices” for litigating s.35 rights and claims
      • What are the trends and emerging issues in s.35 litigation
      • Ethical and professionalism issues in s.35 litigation
    • Aboriginal Title and the “Land Question”: Understanding the Tsilhqot’in Case and its Implications for Canada, Provinces and Aboriginal Groups
      • The legal test and evidentiary requirements
      • Who is the Aboriginal title-holder?
      • The new legal concept of Aboriginal “consent” in Canadian law
      • What does the recognition of Aboriginal Title mean?
      • The issues for “another day” (overlapping territories, private lands, submerged land and waterways)
      • An assessment for its implications across Canada
      • Implementing the case and Aboriginal title in Canada

    Luncheon Keynote Speaker
    The Honourable Ian Binnie C.C., Q.C.,Counsel, Lenczner Slaght Royce Smith Griffin LLP

    Faculty
    Jason T. Madden, Pape Salter Teillet LLP, Toronto
    Robert Janes, JFK Law Corporation, Victoria
    David M. Robbins, Woodward & Company, Victoria
    Robert J. Potts, Blaney McMurtry LLP, Toronto
    Mark R. Kindrachuk Q.C., General Counsel, Justice Canada, Saskatoon

  • Day 4: The Osgoode Certificate in Fundamentals of Aboriginal Law

    October 28, 2015, 9:00 a.m. – 4:30 p.m.

    The Modern Day Treaties

    • An Overview of the History and Development of the Modern Day Treaties: Current Policies, Opportunities and Challenges
    • Understanding the Modern Day Treaties through Case Studies and a Comparative Analysis Across Canada
      • The James Bay Agreement (Quebec)
      • The Tłı̨chǫ Agreement and the Yukon Final Agreements (NWT/YK)
      • The Nisga’a Agreement and the BC Treaty process (BC)
      • The Inuit Experience, and Nunatsiavut Government Agreement (NLFD)
    • Key Emerging Issues in Modern Day Treaty Implementation and the Road Ahead
      • Funding treaty implementation and self-government (Financial Transfer Agreements)
      • Business and wealth creation
      • Case law (existing and emerging) on interpreting and implementing Modern Day Treaties

    Faculty
    Douglas R. Eyford, Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
    Jim Aldridge Q.C., Aldridge & Rosling, Vancouver
    John Hurley, Gowling Lafleur Henderson LLP, Montréal
    Nuri G. Frame, Pape Salter Teillet LLP, Toronto
    Jason T. Madden, Pape Salter Teillet LLP, Toronto
    Allan MacDonald, Director General, Implementation Branch, Aboriginal Affairs and Northern Development Canada
    Larry Innes, Olthuis, Kleer, Townshend LLP, Toronto

  • Day 5: The Osgoode Certificate in Fundamentals of Aboriginal Law

    November 4, 2015, 9:00 a.m. – 4:30 p.m.

    The Duty to Consult and Accommodate

    • Understanding the Duty to Consult and Accommodate
      • Origins of the Duty as a part of the Infringement Test
      • Journey of the Duty since Haida and Taku
      • An overview of recent developments and case law
        • Non-treaty context (Haida, Taku)
        • Historic treaty context (Mikisew)
        • Modern treaty context (Little Salmon)
      • What we know and don’t know about the duty
    • An Overview of Consultation Approaches and Policies Across Canada
      • Current and developing practices in resource development across Canada
      • By proponents: impact benefit agreements, participation agreements, cooperation agreements
      • By governments: revenue sharing agreements/policies, facilitating partnerships/ownership opportunities, economic participation policies
      • By Aboriginal groups: internal laws, policies and guidelines
    • Case Study: Developing a New, Multi-Province Linear Corridor in Southern Canada
      • A government lawyer’s advice to their client and check list
      • A proponent lawyer’s advice to their client and check list
      • An Aboriginal community lawyer’s advice to their client and check list
      • Roundtable Discussion and Questions and Answers on Case Study
        Moderator: Sandra A. Gogal, Miller Thomson LLP, Toronto

    Luncheon Keynote Speaker
    David de Launay, Deputy Minister, Ontario Ministry of Northern Development and Mines

    Faculty
    Sandra A. Gogal, Miller Thomson LLP, Toronto
    Dwight Newman, Canada Research Chair in Indigenous Rights in Constitutional and International Law, College of Law, University of Saskatchewan
    Keith B. Bergner, Lawson Lundell LLP, Vancouver
    Clayton Leonard, MacPherson Leslie & Tyerman LLP, Calgary

Fees

Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Certificate of Program Completion

You will receive a certificate upon completion of The Osgoode Certificate in Fundamentals of Aboriginal Law. Participants must attend all program modules and successfully complete the take-home assignment to receive a certificate.

Substitutions, Cancellations and Refunds

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $150 administration fee will apply. No other refund is available.

Program Lawyer

If you have any questions or would like more information please contact:
Jessica Foster
jfoster@osgoode.yorku.ca

Program Details

Date & Time

February 14, 23, March 8, 30 & April 12, 2017

Location

Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$3495 plus HST

Register Now

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Lawyers practicing in the areas of Aboriginal law, natural resources, environmental and Constitutional law
  • In-House Counsel, particularly those working in the energy, resource and infrastructure development sectors
  • Aboriginal leaders, councillors and advisors
  • Government lawyers/officials – federal, provincial and municipal sectors
  • Negotiators and mediators for industry, government and Aboriginal communities

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Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

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