Executive Members
The Section Executive members for 2001-2002 were:
James M (Tim) Mackenzie, Chair
Robert C Freedman, Vice-Chair
Jennifer Chow, Secretary (September-December 2001)
F Matthew Kirchner, Legislative Liaison
Mai Rempel, Past Chair
Merrill W Shepard, Member-at-Large
Monthly Meetings
The Section held nine monthly meetings in 2001-2002, in September, October, November and December 2001 and in January, March, April, May and June 2002. The September, November, December, March and April 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 24, 2001
Joint meeting with Administrative, Constitutional, Environmental and Forestry Law. The subject of the panel’s presentation was the decision of the British Columbia Court of Appeal in Paul v. Forest Appeals Commission, 2001 BCCA 411. Kathryn Kickbush summarized and analyzed Paul, focusing on aboriginal, administrative and constitutional law issues. Robyn Glindemann then commented on the case from her perspective and discussed Australia’s experience with very similar issues. Attendance: 50.
October 18, 2001
The Honourable P Geoffrey Plant spoke on the topic “Treaty Negotiations - Pre- and Post-Referendum”. Attendance: 75.
November 15, 2001
Joint meeting with Municipal Law. Topic: “First Nations Treaty Negotiations and Local Governments: Issues and Challenges. Speakers: Alison McNeil and Murray Browne. In their presentations, Ms. McNeil and Mr. Browne discussed BC local government interests and First Nations interests in the BC Treaty Process. Attendance: 30.
December 12, 2001
Joint meeting with Environmental Law. Holiday Social at Blake Cassells Graydon offices. Attendance: 30.
January 21, 2002
Topic: “Reconciliation in Theory and Practice: How has Section 35 of the Constitution Act, 1982 Played out on the Ground?” Speaker: M Louise Mandell, QC In her presentation, Ms. Mandell reviewed her own experiences in presenting a 20-year retrospective of how the inclusion of section 35 in the Constitution Act, 1982 has played out on the ground for Aboriginal people. Attendance: 46.
March 12, 2002
Joint meeting with Environmental Law. Topic: “BC Energy Resources Development: Aboriginal and Environmental Impacts and Issues”. Speakers: T Murray Rankin, QC and Allan Donovan. Mr. Rankin commented on environmental impacts and issues of energy resources development, focussing on the BC offshore prospects. Mr. Donovan then commented on aboriginal impacts and issues, focussing on north-east BC developments. Attendance: 45.
April 23, 2002
Joint meeting with Forestry Law. Topic: “Recent Developments in the Duty to Consult with First Nations”. The panelists were counsel in recent BC Court of Appeal decisions in Tlingit (January 31, 2002) and Haida (February 27, 2002): John J L Hunter, QC of Davis & Company, Vancouver; Randal J Kaardal of Blake Cassells, Vancouver; Arthur C Pape of Pape and Salter, Vancouver; and Paul J Pearlman, QC of Fuller, Pearlman, McNeil, Victoria. The panelists each addressed the question: In light of the recent decisions in Tlingit and Haida concerning the duty to consult, what do you say are the practical on-the-ground requirements, from your client’s perspective, for the consultation duty to be fulfilled? Attendance: 50.
May 27, 2002
Topic: “Aboriginal Tax Exemptions: Benoit, Shilling, Etc.” Speakers: Karin Buss and Leslie Pinder. Attendance: 20.
June 24, 2002
Topic: “Is the Aboriginal Fishing Strategy Lawful?” Speakers: Christopher Harvey, QC and David G Butcher. Attendance: 30.
The Section Executive held planning meetings on July 3 and November 13, 2001 and March 18 and May 14, 2002.
The Section Executive thanks all guest speakers who contributed to the success of the Section’s 2001-2002 program. The Executive is also grateful to Section members for their support, suggestions and attendance at Section monthly meetings.
James M Mackenzie
Past Chair, CBABC Aboriginal Law Section (Vancouver)