February 15 & 16, 2016
DETERMINING ACCESS:
Theory and Practice in Implementing Indigenous Governance Over Lands and Resources
Purpose
Indigenous nations in the interior of British Columbia and elsewhere are seeking to implement their own governance systems to express their consent or dissent to resource development effectively. Determining Access is aimed at supporting the development of Indigenous resource and territorial governance. It will do so by facilitating an exchange of knowledge and experience; fostering networks; identifying priority research areas; and building relationships to support further collaborative research.
Objective
Determining Access builds on two previous successful think tank meetings on developing Indigenous territorial goernance with the Secwepemc (2012) and the Tsilhqot'in (2014), organized by members of this proposal's project team. Determining Access will reinforce existing and develop new relationships between the project team and the further collaborative work with these nations and related funding applications.
Description
Access to natural resources in Canada requires the active participation of Indigenous peoples. Before Tsilhqot'in Nation v British Columbia, 2014 SCC 44, governments were required to consult Indigenous peoples about resource development on lands over which they claimed title or rights (Haida Nation v British Columbia, 2004 SCC 73). After Tsilhqot'in Nation, and where Aboriginal title has been declared or recognized, the Canadian law ordinarily requires Indigenous peoples to give consent to resource development on the lands covered by their Aboriginal title. In addition, international human rights instruments and multilateral environmental agreements have created frameworks for resource development that require Indigenous consent and participation mandated by law, however, have not yet been articulated or recognized in Canadian law.
Format
The conference will consist of two days of public presentations in the morning and closed territorial authority sessions in the afternoon. The events are being planned with the support the Interior Alliance (a political union comprised of the St'at'imc, Secwepemc, Nlaka'pamux, and Okanagan peoples) and the Tsilhqot'in Nation. The conference coincides with the meeting of the Interior alliance meeting being hosted by the Secwepemc Nation.
The afternoon sessions on territorial authority sessions will be open to Interior Indigenous Nations members and involve structured discussions of issues brought forward by these nations, in which the scholars and other expert presenters lay the role of resource persons.
Schedule for Public Presentations:
Monday, February 15, 2016: 9:00am - 12:00pm
Tuesday, February 16, 2016: 9:00am - 12:00pm
Composition
We are honoured to annouce that Determining Access has confirmed presenters from the Interior Indigenous Nations and Indigenous Peoples from other parts of British Columbia and Canada. They will be speaking about instances where they have started to implement indigenous governance over lands and resources and current developments and projects in the wake of the Tsilhqot'in Nation case. Furthermore, the workshop includes nationally and internationally renowned indigenous and non-indigenous scholars and experts from:
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Indigenous nations in British Columbia
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Mi'kmaki indigenous peoples (Nova Scotia and the Atlantic Area)
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York University
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Dalhousie University
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University of Calgary
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Thompson Rivers University
These speakers will share their experiences implementing and attemping to implement indigenous forms of governance over territory and resources, while the academics involved will reflect on the relationship between theory and practice.
Click Here for Agenda
Click for profiles
OUR SPEAKERS
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PROJECT TEAM
STUDENT TEAM
Emma Feltes, UBC, PhD Student
Julie Faulk, Osgoode Hall Law School, PhD Student
Harman Bains, TRU Law Student
Ken McLeod, TRU Law Student
Chris Albinati, Osgoode Hall Law School, Master’s student, TRU Law Alumni
Past Events
Tsilhqot'in Think Tank
On November 9 and 10, 2014, Thompson RIvers University (TRU) and the Tsilhqot'in National Government (TNG) hosted a think tank about the implementation of the Tsilhqot'in Decision at TRU Williams Lake. This gathering brought together Tsilhqot'in leadership and academics from across Canada including Professor Brian Noble (Dalhousie University); Professor Ken McNeil (Osgoode Hall, York University); Professor James Tully (University of Victoria); and Professors Janna Promisow and Nicole Schabus (TRU Faculty of Law). TRU is strategically located in the interior of British Columbia and hopes to play a role in adddressing issues related to Indigenous rights and title. This was seen as especially important becuase of the 2014 Tsilhqot'in decision at the Supreme Court of Canada. Aboriginal title and Indigenous territorial authority regarding access to lands and resources continue to be crucial areas of study at the university.
Following these think tank sessions a panel was held on the evening of November 10 called "The Tsilhqot'in Land Title Decision: A Landmark Case". It was also hosted at TRU Williams Lake which is the campus closest to the new Title Area. The session was co-hosted by the TND, TRU, and TRU Faculty Association (TRUFA) and boasted an audience of over 150. The meeting started with an opening prayer by Elder Willaim of the T'exelc and opening remarks by Executive Director of the Williams Lake Campus Dr. Ray Sanders, and TRUFA President Dr. Tom Friedman. The panel consisted of:
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Chief Roger William, representative plaintiff in the Tsilhqot'in case, who provided a detailed summary of the Title litigation underling the importance of the decision.
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Chief Russ Myers spoke of the need for decolonization and implementation of Tsilhqot'in law and governance and illustrated how that can be accomplished by outlining the work he has undertaken by putting in place the Dasiqox Tribal Park.
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Professor Kent McNeil presented about the importance of the Tsilhqot'in decision, both in terms of reasserting a territorial approach to Aboriginal Title and the issue of jurisdication.
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Professor James Tully focused on finding terms of co-existence, which have to be based on the recognition of Tsilhqot'in laws and governance.