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IBA Winter Newsletter 2006 FINAL.Pub Winter Newsletter March 2006 President’s Message By Jeffery Hewitt, IBA preme Court of Canada. As the IPCs and present highlights President we now know, the replacement to you in our Spring edition of of retired Justice Major from our newsletter with the full ver- ear Members: the Supreme Court was not an sion to come in our Annual Re- Aboriginal jurist but appellate port this Autumn. Welcome to the and other court vacancies will Winter Newslet- continue to come and the IBA Enjoy this edition of the IBA D ter of the IBA. I must continue to be vigilant in newsletter and many thanks to hope you like promoting Aboriginal jurists to the Membership and Outreach the new look of the newslet- these courts to continue to en- Committee for working on this ter and I know that there are trench of our customs and tradi- and to those of you who have even more exciting changes tions and give recognition to made your contributions. coming in future editions. our founding partner status in Thanks also to the many mem- confederation. bers who have been working This is the first opportunity I with the board, committees and have had to address the As I have come to understand me to ensure the IBA continues members of the IBA since our it, the winter months are a time to be the strong, professional, last gathering in October, to contemplate the lessons we Aboriginal organization that it 2005 in Mnjikaning First have learned this these past is. Nation. The board and I seasons and how we will use have been busy meeting them to enrich ourselves going Yours truly, monthly since October plan- forward. Winter is also the Jeffery Hewitt ning our next events and time we follow the bear deep continuing to promote the into the cave to ground our- President IBA, our members and our selves in the earth again and objectives in many venues. dream of our future. So it is IBA BOARD OF DIRECTORS then that winter presents the Indeed, this past November perfect time for a first ever 2005-2006 the IBA made submissions to retreat of the board of direc- Jeffery Hewitt, President a sub-committee of the fed- tors and the Indigenous Peo- Judy Daniels, Vice-President eral government on federal ples’ Counsel. We are all very Kathleen Lickers, Treasurer judicial appointments, which excited to meet in Calgary in Margaret Froh, Secretary EDITION—MARCH 2006 are available on our web- early March to work together Brian Calliou, Member-At-Large site. The submissions contin- on dreaming a five-year work- Denise Lightning, Member-At-Large ued to assert to the federal plan and vision for the IBA. Lee Schmidt, Member-At-Large government that the IBA re- This is an important initiative Koren Lightning-Earle, Western Student mains committed to promot- that I trust will render its value Rep ing more judicial appoint- many-fold for the IBA in the Emma Taylor, Eastern Student Rep ments from the Aboriginal years to come. The board will bar at all levels of courts in begin working on the plan as Germaine Langan—IBA Administrator Canada – including the Su- directed through the wisdom of Inside this issue: The IBA is seeking feedback from Indigenous law graduates and law students on how we 17th Annual Fall Conference & IPC Award 2005 2 can improve our programs and services. NAAF Awards: Sakej Henderson & Bernd Christmas 3 MEMBERSHIP SURVEY R. v. Laviolette Case Summary 8 Complete survey and enter to win! Book Nook 10 Complete a survey and enter your name to IBA NEWSLETTER WINTER Where in the World are Indigenous Lawyers 14 win a $300 credit against your 2006 IBA conference fees. For more information visit Member Highlight: Signa Daum Shanks 15 our website at: www.indigenousbar.ca Indigenous Bar Association First Nation Fax Case Summaries 16 Annual IBA Fall Conference a Great Success The 17th Annual IBA Fall Conference, The IBA celebrated its membership at tion of Sakej and his outstanding work “Exercising Indigenous Jurisdiction over the Banquet and Awards Ceremony on serving Indigenous Peoples. Collective Rights” was, by all accounts, a October 21st. First Nations leaders includ- great success. The conference was held ing Rama Mnjikaning Chief Sharon IBA Student Day 2005 October 21-22, 2005 at the Chippewas of Stinson Henry, Ontario Regional Chief IBA Student Day was held at the Rama Rama Mnjikaning First Nation in Ontario, Angus Toulouse and AFN National Chief Mnjikaning Community Hall on October and showcased the outstanding talent of the Phil Fontaine addressed the delegates and 20th and brought together approximately 40 IBA membership. guests speaking to some of the challenges Indigenous law students from across Can- and successes in asserting Indigenous juris- The four main plenary sessions of the ada. There was strong participation from diction over collective rights. A Com- conference focused on: Report Card on senior members of the IBA, community memoration DVD presentation was made Collective Rights and Jurisdiction; Abo- leaders and elders at Student Day where at the Banquet to acknowledge and cele- riginal Institutions; Challenges to Exercis- students and presenters engaged in dialogue brate the lives of IBA members who ing Indigenous Jurisdiction; and Economic on a variety of issues including how students passed on recently. Development. can serve Indigenous communities, how to James Sakej Youngblood respect Indigenous legal traditions, opportu- The opening keynote address from nities in law and policy in Canada and inter- Roberta Jamieson, I.P.C. entitled Henderson Receives I.P.C. nationally, and various programs available to “Collective Rights, Collection Action, Ex- Designation law students across Canada. ercising Our Jurisdiction: Making It Hap- The Banquet ended with a celebration of pen” set the tone for the conference. Left to right: IPCs Dave Nahwegahbow, Roberta our newest member of the Indigenous Peo- Jamieson, Paul Chartrand, Delia Opekokew, IBA Roberta challenged conference participants ples’ Counsel or I.P.C. — James Sakej President Dianne Corbiere, and James Sakej to take action in revitalizing our collectives Youngblood Henderson. The Smoke Trail Younglbood Henderson, I.P.C. Recipient 2005 (Photo: D. Corbiere) and asserting our collective rights. Drum offered an Honour Song in recogni- IBA Winter Newsletter Contributors: Jeffery Hewitt Next issue: Spring—May 2006 March 2006 Brian Calliou Deborah Hanly Judy Daniels Charles Smith To submit an article for consid- Co-Editors: Catherine Moreau Signa Daum Shanks Emma Taylor eration for publication please & Margaret Froh Koren Lightning-Earle Jean Teillet contact: [email protected] Page 2 INDIGENOUS BAR ASSOCIATION NAA Awards Recognize Bernd Christmas and James Sakej Youngblood Henderson By Deborah Hanly was, at that time, Executive Director of Mi’kmaw community of Membertou. A the Toronto Friendship Centre and having James (Sakej) Youngblood Henderson decade later, the results of that decision distinguished himself in that position, he and Bernd Christmas are household have been dramatic. was ready step-up his contribution to the names in Indigenous legal circles and in larger Aboriginal community and to his Since 1995, he has helped bring Member- the broader legal community. Members people. Bernd and I were enrolled at tou First Nation go from a one million of the IBA were not surprised when the different law schools in Toronto and the dollar deficit with an operating budget of National Aboriginal Achievement schools had a history of intense competi- six million dollars to a current operating Awards (NAAA) awarded Sakej and tion which pre-dated our attendance. budget of sixty-five million dollars. With Bernd with the 2006 Award for Law and Despite pressure from both law school the support of his Chief and Council, Justice, and the 2006 Award for Business communities to extend that competition and Commerce respectively. Both recipi- (Continued on page 5) to the Aboriginal law student body, ents have been long-time contributors to Bernd co-operated with me to bring in the IBA, sharing their personal and pro- speakers like Judge Murray Sinclair (as fessional histories in plenary sessions, he then was) and MP - Ethel Blondin- workshops, over dinner or coffee. Both Andrew to speak to Aboriginal law stu- men are busy but accessible to other In- dents at both schools in neutral locations. digenous lawyers. He saw the” bigger picture” then as he Bernd Christmas—Business & Com- does now. merce NAAF Award 2006 The local, national and international As I reviewed Bernd’s impressive list of acclaim that has followed Bernd in his credentials and well-known accomplish- short legal career is a testament to his ments -- the first Mi’kmaw to graduate energy and creativity. He doesn’t think from law school, the CEO of the phe- outside the box – he lives outside the nomenally successful Membertou Nation box! The following excerpts from the business constellation -- I would like to National Aboriginal Achievement share some of Bernd’s lesser-known but Awards website demonstrate why Bernd equally impressive contributions to the was chosen to receive the Business & Indigenous legal community. Commerce award: I first met Bernd in May 1988 at the “In 1995, at the request of Chief Programme of Legal Studies for Native Terrance Paul, Bernd gave up his lucra- Peoples in Saskatoon, aka, “the summer tive and promising career as an elite corporate lawyer to return home to as- program” for its alumni/survivors. Bernd NAAA Recipient Bernd Christmas – 2006 Award sume the leading business role for his for Business and Commerce (Photo: Membertou First Nation) INDIGENOUS BAR ASSOCIATION LAW STUDENT SCHOLARSHIP Established in Memory of Ronald Peigan 2005 Recipient—Nicole Richmond The IBA Law Student Scholarship was awarded in October 2005 to 3rd year University of Toronto law student, Nicole Richmond.
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