Executive Members
The Section Executive members for 2000-2001 were:
Mai Rempel, Chair
James M (Tim) Mackenzie, Vice-Chair
Julia C Quon, Secretary
Robert C Freedman, Legislative Liaison
Merrill W Shepard, Past Chair
F Matthew Kirchner, Member-At-Large
Special Activities
The Section was involved in the following special activities:
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CBA National Aboriginal Law Section drafted special resolutions dealing with Guidelines for Indian Residential School Litigation;
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Liaison with Immigration Law Section in organization of Federal Court Open House on January 17, 2001;
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Organization and participation in CBA National Aboriginal Law Section and CBA National Continuing Legal Education Committee conference in Yellowknife on April 27-28, 2001 entitled “Aboriginal Governance - 2001 and Beyond”. Merrill W. Shepard, Past Chair of the BC Section, was co-Chair of the Conference. Four members of the BC Section Executive and several other BC Section members participated in the Conference.
Monthly Meetings
The Section held eight monthly meetings in 2000-2001, in September, October, November and December 2000 and in January, April, May and June 2001. The September and May meetings were joint meetings with other Sections. The topics for all meetings were varied and interesting and the meetings were well-attended. The topics, speakers and attendance were as follows:
September 18, 2000
Joint meeting with Administrative, Environmental and Forestry Law. The topic was “The Tulsequeah Chief Mine: How Much Consultation is Enough?” Guest speakers Arthur C. Pape, Paul J. Pearlman, QC and Randal Kaardal discussed the decision of Kirkpatrick J. on June 28, 2000 in Taku River Tlingit First Nation v. Ringstad. The case dealt primarily with administrative law issues arising from the environmental impact assessment of a mining road to be built through Tlingit First Nation traditional territory. Attendance: 50.
October 23, 2000
James I. Reynolds spoke on the topic “Guerin After 16 Years - Some Answers But Still in a State of Flux and Evolution and in Need of Protection”. Mr. Reynolds commented on the erosion of the Crown’s legally enforceable fiduciary duty towards Aboriginal peoples, originally upheld by the Supreme Court of Canada in Guerin. Attendance: 30.
November 30, 2000
Dr. Dorothy Kennedy and Mary Locke Macaulay discussed the “Use of Expert Evidence in Aboriginal Rights Litigation”. Dr. Kennedy spoke about the difficulties that expert witnesses face in preparing expert reports, taking instructions from lawyers and testifying in court. Ms. Macaulay commented on retaining and instructing experts and the issues of bias and proof of expert evidence in aboriginal rights cases. Attendance: 40.
December 20, 2000
Holiday Social at the Law Courts Inn sponsored by Fasken Martineau DuMoulin LLP, Davis & Company and Borden Ladner Gervais LLP. Attendance: 20.
January 22, 2001
Topic: “First Nations Consultation in Practice”. Guest speakers were Rick McDougall, Manager Policy Planning and Assessment, Aboriginal Relations Department, BC Hydro and Arnie Narcisse, Interior Co-Chair, B.C. Aboriginal Fisheries Commission. The speakers discussed BC Hydro’s consultative planning process involving First Nations in the development of Water Use Plans for BC Hydro hydro-electric facilities. Attendance: 25.
April 3, 2001
Joint meeting with Real Property Law. Brenda E. Gaertner presented a paper entitled “Some Implications of the Supreme Court of Canada’s Decision in Glass v. Musqueam Indian Band”. Attendance: 20.
May 14, 2001
Hugh M. Braker, QC spoke on the topic “Who is the Proper Plaintiff in Aboriginal Rights and Title Litigation?”. Mr. Braker addressed some of the problems and issues confronting lawyers representing First Nations in aboriginal rights and title cases. Some issues are: Who is the holder of the Aboriginal right or title? Can an Indian Act band council claim an Aboriginal right? Are Aboriginal Nations or Tribal Councils necessary parties to Aboriginal rights and title claims? Attendance: 30.
June 18, 2001
Micha J. Menczer discussed “The Mitchell Case: Evolution of the Law of Aboriginal Rights”. Before the Supreme Court of Canada in Mitchell v. M.N.R., Mr. Menczer was counsel for Grand Chief Michael Mitchell of the Mohawk Nation of Akwesasne. Attendance: 30.
The Section Executive thanks all guest speakers who contributed to the success of the Section’s 2000-2001 program. The Executive is also grateful to Section members for their support, suggestions and attendance at Section monthly meetings.
Mai Rempel, Chair, CBA Aboriginal Law Section, Vancouver