This event counts towards CLE Live and On-Demand Programs/Courses Hours; see CLE Policy
April 29, 2024; 12:00pm – 1:00pm Mountain Time
CBA Members - Free
Non-Members - $50
Join us for this live zoom panel featuring Kennedy A. Bear Robe, Toby Kruger, and Krista Nerland to discuss:
- self-government and environmental assessment in the NWT,
- the new UNDRIP legislation in NWT, and
- the implications from the C-92 decision and R c. Montour on the role of UNDRIP in Canadian law.
Please RSVP to Laura_Faryna@gov.nt.ca and you will be sent the registration and login credentials in advance of the meeting.
Kennedy A. Bear Robe, Partner, Gowling WLG
Topic: Self-Government and Environmental Assessment in NWT
Kennedy's accomplishments have been recognized by Best Lawyers in Canada: One the Watch (Indigenous Law). His current practise focuses on major energy and natural resource projects, and strategies to exercise Indigenous jurisdictions and authorities relating to environmental assessment, approvals and operations & maintenance.
Kennedy has a strong track record of successfully advising clients in federal and provincial regulatory hearings, and related litigation. Kennedy has appeared as counsel before the Federal Court of Appeal, and the British Columbia, Alberta, and Ontario provincial courts.
During the Resource Revenue Sharing negotiations in Ontario, Kennedy acted for the Government of the Anishinaabe Nation in Treaty #3 as its lead counsel and negotiator. Kennedy also recently advised the Anishinaabe Nation in Treaty #3 on its Relationship Agreement with the Nuclear Waste Management Organization.
Kennedy's negotiation skills relating to Inherent, Aboriginal and Treaty rights is widely acknowledged. He has negotiated precedent-setting agreements between Indigenous governments, federal government/regulators, provincial and territorial governments/regulators, and private companies. As negotiation counsel, Kennedy is involved in the legal aspects of implementing those agreements.
Kennedy is currently lead counsel to Indigenous Nations negotiating self-government agreements, regulatory cooperation and coordination agreements, resource revenue sharing agreements, and leading IBAs with private companies. Additional ongoing client work has Kennedy leading legal teams for several major environmental assessments and permitting, and as litigation counsel relating to environmental and Indigenous law matters.
Kennedy serves on the Board of Directors for the Siksika Group of Companies.
Kennedy is Siksikaitsitapi (Blackfoot), a member of the Siksika Nation, a proud dad, and loves hunting, reading and art. He is also the Commissioner of Gowlings (Vancouver) Office Fantasy Football League.
Toby Kruger, Partner, Lawson Lundell LLP
Topic: DRIPA (NWT) and interpretive considerations arising from recent caselaw
Toby advises private and public sector clients on litigation and regulatory matters. He provides advice on environmental, energy, mining, land, construction, public utility and Indigenous law issues. Based in Yellowknife, Toby advises clients throughout western Canada and the North, including all three Territories. Toby also provides strategic advice to government and private sector proponents on public law and project matters, including environmental assessment, consultation with Indigenous peoples, and regulatory permitting. He likes to spend as much of his spare time as possible with his two young kids at his cabin and mining claim outside Yellowknife.
Krista Nerland, Associate, Olthuis Kleer Townshend LLP
Topic: Role of UNDRIP in Canadian law: Implications from the C-92 decision and R c. Montour.
Krista Nerland is a lawyer at Olthuis Kleer Townshend. Her practice focuses on litigation related to Aboriginal rights, Aboriginal title, and treaty rights; human rights and discrimination; and advancing Indigenous jurisdiction. Krista has particular expertise in appellate litigation and has appeared at all levels of court, including the Supreme Court of Canada. Prior to joining OKT, she served as a law clerk to the Hon. Justice Rosalie Abella at the Supreme Court of Canada.