Summary of Meetings: Aboriginal Law – Vancouver Island
Number of Meetings Held: 4
October 30, 2024
Registration Count: Remote: 57
Guest Speakers: Merle Alexander, KC
Meeting Title/Topic: Consent-based Agreements under the Declaration on the Rights of Indigenous Peoples Act: Hard Truths, Optimistic Change and Practical Considerations
Synopsis: Merle Alexander, KC discusses the Declaration on the Rights of Indigenous Peoples Act. Merle draws from his extensive experience with the Act to provide insights on co-developing and implementing the legislation, through impact benefit and government-to-government agreements, as important legal tools. He also offers his thoughts on the implications of the DRIPA Action Plan. Merle shares the challenges he has witnessed and the pathways towards reconciliation beyond political niceties and rhetoric.
May 2, 2024
Registration Count: 40
Guest Speaker: Laura Edwards
Meeting Title/Topic: Bill C-61 - the First Nations Clean Water Act and Implications for Drinking Water Conditions on First Nations’ Lands
Synopsis: Several Indigenous communities across Canada do not have reliable access to safe and clean drinking water. On December 11, 2023, Canada tabled Bill C-61 – the First Nations Clean Water Act to address the drinking water challenges Indigenous communities face. Laura Edwards provides an overview of the challenges First Nations communities face in accessing a sufficient quality and quantity of drinking water and how Bill C-61 will address, or fail to address, these issues.
May 2, 2024
Registration Count: 57
Guest Speaker: Naiomi Metallic, Claire Truesdale, and Julie Daum
Meeting Title/Topic: Indigenous Jurisdiction and the Reference re An Act respecting First Nations, Inuit and Métis Children, Youth and Families, 2024 SCC 5
Synopsis: On February 9, 2024, the Supreme Court of Canada issued its highly anticipated decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5. In the decision, the Court held that the entirety of An Act respecting First Nations, Inuit and Métis children, youth, and families, SC 2019, c. 24 is constitutional, noting that the “essential matter addressed by the Act involves protecting the well-being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advancing the process of reconciliation with Indigenous peoples”. The Court signaled that Parliament can affirm the inherent rights to self-government of Indigenous peoples, including the jurisdiction to make laws in relation to child and family services, through legislation that binds the federal government. Naiomi Metallic, Claire Truesdale and Julie Daum discuss the implications of this case, including the enforcement of Indigenous laws and “legislative reconciliation”.
June 3, 2024
Registration Count: Remote: 92
Guest Speakers: Robert Janes, KC
Meeting Title/Topic: Annual Case Law Update
Synopsis: This has been a pivotal year for Aboriginal Law, with major decisions released on topics like the United Nations Declaration on the Rights of Indigenous Peoples, resource extraction and land rights, Indigenous jurisdiction, application of the Charter on reserve lands, limitation periods, and more. Join the Vancouver and Vancouver Island Aboriginal Law Sections as they review key cases from the past year. Robert Janes, KC leads us through the highs, lows, and everything in between as he reviews notable decisions. This was a joint meeting with Aboriginal Law – Vancouver Island.