Navigating Specific Claims

This ondemand primer will be a nuts-and-bolts overview of specific claims. It will provide those newer to the area a foundational grounding for the live program. Topics will include:

• What is a specific claim?
• History of the specific claims process.
• Overview of types of specific claims
• Key stages of a specific claim

Alisa Lombard, Lombard Law
Sara Mainville, JFK Law LLP

9:00 a.m.  Program Welcome

Alisa Lombard, Lombard Law
Sara Mainville, JFK Law LLP

9:10 a.m.  Anatomy of the Specific Claim Development Process: Researching and Developing a Claim

A practitioner-focused survey of the research and development process, including:

• Unique context of pre-confederation claims
• Strategies for working with expert historians
• Guidance on how to structure a specific claim submission in the context of territorial, claim or claimant overlap.

Candice S. Metallic, Metallic Law Barristers & Solicitors

10:10 a.m.  Claim Funding and Financing Models

• An update on current Government R&D funding and what’s ahead
• Private Financing & Loan (litigation) Insurance

Jody Woods, Research Director and Administrative Director, Union of BC Indian Chiefs (UBCIC)

10:40 a.m.  Wellness Break

10:55 a.m.  Negotiations: Current Challenges and Opportunities

A practical session on negotiations that looks at the structure of the negotiation process; how Canada’s negotiators team composition and negotiation mandate impacts negotiation strategy; and common issues that can arise at the negotiation-stage, including:

• Structure of negotiation protocols
• Managing communication and consultation with the First Nation and community members
• Canada’s use of Global Settlement Offers
• Current challenges in negotiations and cabinet mandating for large-value claims
• Templated approaches to settlement agreements

Carly Fox, Fox LLP

12:00 p.m.  Lunch Break

1:00 p.m.  Valuing Claims

Practical guidance on how to value claims;  the role of experts in supporting claim valuation; and the tactical and strategic implications of agreeing to joint TORs for experts versus retaining separate experts. Our experts will canvas:

• How claims are valued
• How experts can support valuation processes
• Approaches to valuation (joint versus independent valuations)
• Drafting effective TORs: scope, timelines, confidentiality, and deliverables
• The role of independent experts in building trust at the negotiation table
• Creative Comp Packages

Alana Kelbert, P.App, AACI, P.Ag, MSc, Terreval Research and Valuations Inc.

2:00 p.m.  Role of Legal Representation in Specific Claims

A practical overview of the role of lawyers through a specific claim file and discussion about different fee arrangements, touching on:

• When and where to involve legal counsel
• Retainers and contingency fee arrangements
• Legal and ethical duties of lawyers

Sonia Eggerman, MLT Aikins

2:45 p.m.  Wellness Break

3:00 p.m.  Keynote Speaker  

The Hon. Justice Diane MacDonald, Chair (acting), Specific Claims Tribunal and Justice of the Supreme Court of British Columbia

4:00 p.m.  Questions & Reflections

4:45 pm.  Post-Day 1 Wine & Cheese Reception (with thanks to our sponsor JFK LLP)

9:00 a.m.  The Specific Claims Tribunal: An Update

A look at the Tribunal’s current operations, evolving procedures, and institutional direction:

• Caseload & Statistics
• End of Bifurcation (and its impact on the claims process)

Jameela Jeeroburkhan, Dionne Schulze
Claire Truesdale, JFK Law LLP

9:45 a.m.  Developing Strong Evidence to Support a Claim

Guidance on how and when to start thinking about developing evidence for the Tribunal including:

• Retaining experts
• Use of negotiation-stage reports at the Tribunal
• Community witness evidence

Bryan Birtles, JFK Law LLP

10:30 a.m.  Wellness Break

10:45 a.m.  Critical Case Law Update — Key Decisions Shaping the Field

A survey of the most significant recent case law developments before the Specific Claims Tribunal.

11:30 a.m.  Community Engagement and Ratification

Practical guidance on conducting community engagement about the settlement process and ratification of settlement agreements, including:

• At what stages should the community be engaged?
• Member ratification requirements for land-related settlements (and others)
• Planning for ratification processes
• Conducting a ratification process – common challenges and pitfalls
• Practical implications of the release/indemnity regime in settlement agreements and what “finality” means for communities

12 :15 p.m.  Lunch Break

1 :15 p.m.  Settlement Implementation

Implementation is one of the most critical issue in the claims process, and it can be fraught with challenges. Our experts will provide you with guidance on some of the key issues, including:

• Strategies for preparing a Nation to receive large monetary settlements: governance, planning for trust agreements, and financial management
• Considerations/lessons-learned around making per capita distributions
• Navigating the politicization of claims – both within the government and within communities

Gimaa Craig Nootchtai, Chief of Atikameksheng Anishnawbek
Nicole Woodward, Miller Thomson LLP

2:15 p.m.  Wellness Break

2:30 p.m.  Roundtable

An interactive and engaging discussion with various perspectives, reflecting on where we are at and what’s to come in the Specific Claims arena.

Alisa Lombard, Lombard Law
Sara Mainville, JFK Law LLP
Stefan Matiation, Director General, Specific Claims Branch at Crown-Indigenous Relations and Northern Affairs Canada

4:00 p.m.  Questions & Reflections

4:30 p.m.  Program Concludes