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Law Society of BC Truth and Reconciliation Symposium

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Law Society of BC Truth and Reconciliation Symposium Law Society of BC Truth and Reconciliation Symposium Materials prepared for the Continuing Legal Education seminar, Law Society of BC Truth and Reconciliation Symposium, held in Vancouver, B.C., on Thursday, November 23, 2017. Course Chairs: Herman Van Ommen, QC, President, Law Society of British Columbia, Vancouver Ardith Walpetko We’dalx Walkem, Member of the Law Society of British Columbia Truth and Reconciliation Advisory Committee; Cedar and Sage Law Corporation, Chilliwack Keynote Speaker: The Honourable Judge Steven Point, Provincial Court of BC, Abbotsford (former Lieutenant Governor of British Columbia) Facilitators: Patricia M. Barkaskas, Academic Director, Indigenous Community Legal Clinic & Instructor, Peter A. Allard School of Law, University of BC, Vancouver Tina L. Dion, QC, Barrister & Solicitor, Tsawwassen Leah Sisi-ya-ama George-Wilson, Gowling WLG (Canada) LLP, Vancouver Celeste A. Haldane, Chief Commissioner, BC Treaty Commission, Vancouver Andrea Hilland, Policy Lawyer, Law Society of British Columbia Truth and Reconciliation Advisory Committee, Law Society of BC, Vancouver Melissa Louie, Morgan & Associates, West Vancouver Maxine Hayman Matilpi, West Coast Environmental Law, Vancouver Dr. Bruce McIvor, First Peoples Law, Vancouver Ardith Walpetko We’dalx Walkem, Member of the Law Society of British Columbia Truth and Reconciliation Advisory Committee; Cedar and Sage Law Corporation, Chilliwack CLEBC Program Lawyer: Teresa Sheward, Continuing Legal Education Society of British Columbia, Vancouver 51147717 THE CONTINUING LEGAL EDUCATION SOCIETY OF BRITISH COLUMBIA THE CONTINUING LEGAL EDUCATION 500 - 1155 West Pender Street SOCIETY OF BRITISH COLUMBIA Vancouver, BC V6E 2P4 www.cle.bc.ca Copyright © November 2017 The Continuing Legal Education Society of British Columbia is a not-for-profit society created for the benefit of members of the British Columbia bar to provide quality educational services at a reasonable cost. Operations are entirely self-funded through course registrations and the sale of publications. The Society’s Board of Directors and staff welcome suggestions for future CLEBC services. A Word of Thanks CLEBC services are made possible through the invaluable contributions of hundreds of volunteer faculty members and authors. We appreciate their work and their service to the legal profession. Caution The Continuing Legal Education Society’s publications are offered as an aid to developing and maintaining professional competence, with the understanding that the authors and publisher are not providing legal or other professional advice. Law is constantly evolving; changes in practice and procedure occur frequently. You must exercise your professional judgment about the correctness and applicability of the material. Please refer also to the relevant legislation, case law, administrative guidelines, and other primary sources. Use precedents only as an initial reference point. Do not rely on them to the exclusion of other resources or without carefully considering their applicability. The views and conclusions expressed in this publication are those of the authors and not necessarily those of the publisher. COURSE CHAIRS Herman Van Ommen, QC – President, Law Society of BC, Vancouver Herman Van Ommen, QC practises corporate commercial litigation at McCarthy Tétrault LLP in Vancouver where he is the senior partner of the Litigation Group. He was the Regional Managing Partner from 2012 to 2015. He was called to the bar in 1985 while at Shrum Liddle & Hebenton, the predecessor firm. A Bencher since 2009, Herman is currently Chair of the Executive Committee, Appointments Subcommittee, Litigation Subcommittee, Law Firm Regulation Task Force and Adjudicator Code of Conduct Working Group, Co-Chair of the Truth and Reconciliation Advisory Committee, and a member of the Complainants’ Review Committee, Finance and Audit Committee and Insurance Subcommittee. Herman has served on the executive of the Vancouver Bar Association. He has instructed at the Professional Legal Training Courses and frequently speaks on ethics and practice issues at various client and continuing legal education seminars. Before becoming a Bencher he acted as counsel for the Society in a variety of discipline, credentials, and unauthorized practice cases. He is a Director of the United Way Lower Mainland and is Chair of its Nominations and Governance Committee. Previously, he was a Director of the Delta Gymnastics Society, managed a PeeWee baseball team and volunteered with Operation Rednose. Ardith Walpetko We’dalx Walkem – Member of the Law Society of British Columbia Truth and Reconciliation Advisory Committee; Cedar and Sage Law Corporation, Chilliwack Ardith Walpetko We’dalks Walkem is a member of the Nlaka’pamux nation which stretches from the Interior of BC into Washington State. She has a Master of Laws from UBC (with a research focus on Indigenous laws and oral traditions). Ardith has practiced extensively with different Indigenous communities, and in assisting Indigenous communities to assert their Aboriginal Title and Rights and Treaty Rights, with a focus on assisting Indigenous communities to articulate their own laws and legal systems. She has worked as Parents Counsel on CFCSA cases, and as counsel for Indigenous nations in matters involving their child members, and has helped to design systems based on Indigenous laws for children and families. Most recently, she wrote Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook (2015, published by the ShchEma-meet.tkt project) and has worked with Indigenous communities to recover and implement their own laws, in the areas of resource management and child welfare. KEYNOTE SPEAKER The Honourable Steven Point, OBC – Provincial Court of BC, Abbotsford (former Lieutenant Governor of British Columbia) Steven Lewis Point, OBC (Xwĕ lī qwĕl tĕl) (born July 28, 1951) is a former Lieutenant Governor of BC whose term of office ended on November 1, 2012. He is currently a provincial court judge in the Fraser Valley. From 1975-1999 Steven Point served as Chief of the Skowkale First Nation. From 1994 to 1999 he served as Tribal Chair of the Stó:lō Nation. He was the Grand Chief of the Stó:lô Tribal Council. Steven Point attended the UBC, where he graduated with a Bachelor of Laws degree in May, 1985. From 1986 to 1989 he practiced criminal law and native law as a partner in the law firm of Point and Shirley. He worked for Citizenship and Immigration Canada as an immigration adjudicator for several years, starting in about 1989, at its refugee backlog office in Vancouver. In 1999, he became a BC Provincial Court judge. On February 28, 2005, he became Chief Commissioner of the BC Treaty Commission. His appointment as Lieutenant-Governor was announced on September 4, 2007 by Prime Minister Stephen Harper. He assumed his duties in a ceremony at the Legislative Assembly of BC on October 1, 2007. As The Queen’s vice-regal representative in BC, he is styled His Honour while in office and The Honourable for life. He received Honorary Doctorate of Laws degree from the University of the Fraser Valley in 2000, the University of Victoria in 2012, and the University of Capilano in 2017. He also received an Honorary Doctorate of Sacred Letters (honoris causa) from Saint Mark’s College in 2013. He received the National Aboriginal Achievement Award in 2000. He received the Queen Elizabeth II Golden and Diamond Jubilee medals and the Order of BC. In 2016, he received the Order of Chilliwack. FACILITATORS Patricia M. Barkaskas – Academic Director, Indigenous Community Legal Clinic & Instructor, Peter A. Allard School of Law, University of BC, Vancouver Patricia Barkaskas earned a MA in History, with a focus on Indigenous histories in North America, and a JD, with a Law and Social Justice Specialization, from the UBC. She is the Academic Director of the Indigenous Community Legal Clinic and an Instructor at the Peter A. Allard School of Law. Patricia has practiced in the areas of child protection (as parent’s counsel), criminal, family, as well as civil litigation and prison law. She has worked closely with Indigenous peoples in their encounters with the justice system and has worked for Residential school survivors as an historical legal researcher for the Indian Residential Schools Settlement Agreement. In addition, she has written Gladue reports for all levels of court in BC. Her current and future teaching and research interests include access to justice, clinical legal education, decolonizing and Indigenizing law, particularly examining the value of Indigenous pedagogies in experiential and clinical learning for legal education, and Indigenous laws. Patricia is Métis from Alberta. Tina L. Dion, QC – Barrister & Solicitor, Tsawwassen Tina Dion, QC is called to the Bars of BC (1999) and Alberta (2014 (inactive)). She articled and worked with a criminal boutique firm prior to joining the litigation group of a national firm (2000-2006). From 2006-2012, she held the position of Director of Legal Services and In-House Counsel with the Tsawwassen First Nation, most notably assisting with their transition to a self- governing First Nation. Tina was an adjunct professor at UBC Law from 2002 to 2014. She is now in private practice. With respect to the CBABC, she is the chair of the Aboriginal Lawyers Forum, elected member of Provincial Council (Westminster County), the Aboriginal Lawyers Representative to the Executive Committee and the chair of the Truth and Reconciliation Working Group.
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