2nd Mini LLB for Aboriginal Leadership

Understanding key business & legal concepts essential to Aboriginal leadership
Date: March 3 & 4, 2014
Location: Vancouver
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Highlights

Limited Partnerships & Joint Ventures: Issues Affecting First Nations' Business Structures

Fundamentals of Aboriginal Law--impact on Aboriginal Corporations

Clarifying What Forms of Taxation Impact Aboriginal Companies

Ensuring good Corporate Governance

Effective Negotiating Strategies & Key Agreements for Aboriginal Businesses

Risk Management in Aboriginal Business

Reporting Requirements & Compliance

Planning Negotiating and Drafting a Partnership Agreements with Mainstream Business

Director Liability Issues: Legal and Compliance Obligations of Directors

Faculty

FACULTY
COURSE LEADERS
Amyn Lalji, Miller Thomson LLP
Amyn Lalji is a Partner in the Aboriginal Group at Miller Thomson LLP. He has acquired extensive knowledge and experience representing First Nations with respect to many of Canada’s largest resource based projects and economic development initiatives.
Janelle Dwyer, Mandell Pinder LLP
Janelle Dwyer is a Partner at Mandell Pinder LLP. She practices in the area of economic development, specifically for First Nations communities. Janelle joined Mandell Pinder LLP in 2005 after practicing with one of the national Vancouver firms with a focus on real estate development and finance.
CO-LECTURERS
Robert Banno, Davis LLP
Robert Banno is a Partner at Davis LLP. Robert is engaged in a business practice with an emphasis on corporate and commercial law, corporate finance, mergers and acquisitions.
Tim A. Dickson, Farris, Vaughan, Wills & Murphy LLP
Tim Dickson is a Partner in the litigation group at Farris, Vaughan, Wills & Murphy LLP. He practices as general counsel and acts in many areas of law, from complex commercial disputes to constitutional test cases.
Rosanne Kyle, Janes Freedman Kyle Law Corporation
Rosanne Kyle is Principal at Janes Freedman Kyle Law Corporation. Ms. Kyle has practised Aboriginal law for 20 years. Her work includes negotiating and drafting IBAs.
Mary Locke Macaulay, Eyford Macaulay Shaw & Padmanabhan LLP
Mary Locke Macaulay is a Partner with Eyford Macaulay Shaw & Padmanabhan LLP. She represents clients in a wide variety of civil matters involving aboriginal law, and insurance claims.
Jonathan C. Lotz, Heenan Blaikie LLP
Jonathan Lotz is a Partner at Heenan Blaikie LLP. He practises in the areas of corporate finance, mining and securities.
Scott A. McCann, Harris & Company LLP
Scott McCann is a Partner at Harris & Company. He advises and represents employers in all areas of labour and employment law.
Rob Miller, Miller Titerle LLP
Rob Miller is a Founding Partner of Miller Titerle LLP and focuses his practice on Aboriginal economic development and natural resource law.
W. Ming Song, Arbutus Law Group LLP
Ming Song is a Partner at Arbutus Law Group. She has worked exclusively in the area of Aboriginal law representing First Nations since 1992.
Joan M. Young, McMillan LLP
Joan M.Young is a Partner at McMillan LLP. She is Senior Litigator in the firm's Advocacy and Litigation Group, and the Competition and Antitrust Group.

Program

COURSE PROGRAM
Corporate Structuring for First Nation Businesses
Aboriginal business leaders need to have a clear understanding of the ways to structure their business, the issues affecting the choice of structure and the legal consequences and implications of each type of business structure. This session will examine the legal issues that entrepreneurs, their business and business partners must address.

Types of corporate structures

Tax issues

Liability issues

Governance issues

Best practices and common pitfalls to avoid

Good Corporate Governance: Duties of First Nations and their Directors
This session explores how Aboriginal businesses can establish clear good governance practices and looks at the key roles and responsibilities of First Nation Chief and Council as they set up these business and as owners in trust of the businesses. We compare this to the role of directors and discuss governance tools to increase the likelihood of business success.

Functions and duties of Chief and Council: from inception of business, to owners in trust for the community

Functions and duties of directors

Policy development: when and by whom?

Types of policies and components of good policies

Practice tips: day-to-day systems

Setting up a Limited Partnership
The limited partner structure is often used when there are specific goals with respect to facilitating certain investment structures and tax planning needs. This session looks at the uses of limited partnerships involving Aboriginal partners, as well as best practices for achieving success with them.

Tax implications for limited partnerships

Sourcing capital: financing Aboriginal limited partnerships

Evaluating potential partners: a due diligence checklist

Strategic advantages of Aboriginal limited partnerships

Dealing with conflicts of interest
One of the main challenges facing many First Nation, Inuit, and Métis businesses revolves around conflicts of interest and issues related to band governance for band-owned businesses. This session will explore conflicts of interest between native bands and Aboriginal business and the importance of having a governance structure in place.

Potential conflicts when a band council is also a board of directors

Governance challenges for band-owned businesses

Best interests of business vs. community

Conflict of interest with respect to hiring practices

Understanding and Avoiding Human Resources Risk
There are numerous statutory, contractual and common law obligations on Aboriginal employers and it is often difficult to determine which obligations apply to your employees. This session will outline the myriad of legislation and common law obligations that apply to the employment relationship to assist you in avoiding future claims with a focus on recent developments affecting termination policies and practices.

Jurisdictional issues: Provincial or Federal legislation?

Designing and implementing compliant HR policies procedures

Human rights issues in employment

Steps in establishing just cause

Role of a progressive discipline policy

Shareholder and Member Rights in Aboriginal Corporations and Societies
First Nations increasingly use corporate structures to hold assets and to pursue economic opportunities. To avoid future disputes, care must be taken in structuring the corporation or society and in conducting business to provide for shareholder/member rights to reflect the unique interests of community members.

Minority rights

Shareholder agreements

Dispute resolution

Privacy Issues Affecting First Nations Leadership
Safety of information and protection of legal rights to privacy are prominent issues for individuals and organizations, as a large and continually growing challenge for all organizations is the effective management of information and privacy compliance. This discussion will address the privacy issues affecting First Nation leadership and provide context on the measures that can be taken to address privacy risks.

Privacy regulatory regimes

Quantifying your organization's security and privacy risks

Privacy compliance with legal requirements

Auditing your information handling practices

Getting the Deal Done: Practical Issues In Business Development
Aboriginal businesses are growing in terms of numbers, size and complexity, often engaging in projects with non-Aboriginals. To achieve further success in the future, these First Nation businesses must take into key practical considerations in Aboriginal business development. This session will examine business development opportunities and challenges for First Nation business.

Practical considerations for growing your company successfully

Use of partnerships to develop business

Preparing to compete with non-native businesses

Sourcing capital for business growth

Generating Business Opportunities From The Crown's Duty to Consult
The provincial and federal crown have a legal duty to consult with and potentially accommodate First Nations whose Aboriginal rights may be infringed upon by development projects in their traditional territory. Effective consultation allows First Nation participation in decision making with respect to their land and to benefit from the social and economic rewards of such opportunities.

How business opportunities can be generated through the duty to consult

Participating in resource development and environmental protection

Seeking a fair share in the jobs, economic growth and prosperity generated by resource wealth

Best practices for capitalizing on new opportunities for Aboriginal businesses

Multimedia Presentations

MULTIMEDIA PRESENTATION
Effective negotiating strategies & key agreements for Aboriginal businesses
Neil Reddekopp
Ackroyd LLP
Good corporate governance and duties of directors
Heather L. Treacy, Q.C.
Davis LLP
Reorganization of foreign affiliates
Phil Halvorson, CA
Ernst & Young LLP
Reporting requirements & compliance
Kevin C. Hamel
Ernst & Young LLP
Taxation of Aboriginal business: Clarifying what forms of taxation impact Aboriginal companies
Michael J. Flatters
Burnet Duckworth & Palmer LLP
Legal & practical considerations in Aboriginal business: Planning & preparing for negotiations
Brian M.V. McGuigan
Eagle Law Group
Mining & Aboriginal peoples: Consultation, accommodation and participation agreements – Impact Benefit Agreements in Aboriginal Law
Tracy Pratt
Fasken Martineau DuMoulin LLP
Recruting people with disabilities and aboriginal persons at CIBC
Tom Proszowski
CIBC
Recruitment & retention of aboriginal persons at Manitoba Hydro
Dana Beljanic
Manitoba Hydro
Reaching Canada's Aboriginal population
Diane Poirier
Poirier Communications
Developing an internal recruitment agency: CIBC's 4-pronged initiative to recruit people with disabilities and Aboriginal persons
Tom Proszowski
CIBC
Aboriginal youth focus at SaskTel: Recruiting and retaining a diverse well-qualified workforce
Carolynne Warner
Sasktel
Building an Aboriginal information management community
Tom Maracle
Xerox Canada
Recruitment & retention of aboriginal persons at Canada Post
France Coulombe
Canada Post Corporation
Corporate structuring for First Nation businesses: Limited partnerships & joint ventures
David Allardice
Miller Titerle LLP
Tax issues related to joint ventures with first nations
Michael J. Flatters
Burnet, Duckworth & Palmer LLP
Canadian corporate finance structures & domestic tax planning
Brian D. Segal
Baker & McKenzie LLP
Tax planning for limited partnerships
Jeffrey R. Foreman
Grant Thornton LLP
Fundamentals of Aboriginal law and impact on business: Legal issues surrounding Aboriginal corporations
David Allardice
Miller Titerle LLP
Communicating to attract business & economic development
Dan Donovan
Ottawa Life Magazine; NRG-FX Inc.
Export Development Canada succession plan - "A business anchored approach"
Susanne Laperle
Export Development Canada
Turning training and development into business results
Barry Barnes
ESOP Builders Inc./The Crystalpines Group
Developing leaders for future business development
Nic Tsangarakis
MICA Consulting Partners
Transforming business with a leadership succession plan
Robert Hedley
Maple Leaf Foods Inc.
Leadership development as a competitive business strategy
J.P. Perron
Ceridian Canada Ltd.

Participants

Arbutus Law Group LLP

Davis LLP

Eyford Macaulay Shaw & Padmanabhan LLP

Farris, Vaughan, Wills & Murphy LLP

Harris & Company LLP

Heenan Blaikie LLP

Janes Freedman Kyle Law Corporation

Mandell Pinder LLP

McMillan LLP

Miller Thomson LLP

Miller Titerle LLP


Who should attend

Aboriginal leaders, councilors, board members, administrators & advisors; consultants, lawyers, consultants working with First Nations, government or business partners; tax and finance professionals

Price

Price list:-
  • Course: $1975
  • Course and CD-ROM : $2150
  • CD-ROM Only: $799
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Additional Information

REGISTRATION:
To reserve your place, call Federated Press toll-free at 1-800-363-0722. In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the registration form. Places are limited. Your reservation will be confirmed before the event.
LOCATION:
Metropolitan Hotel Vancouver, 645 Howe Street, Vancouver, BC, V6C 2Y9, 604-687-1122
CONDITIONS:
Registration covers attendance for one person, the supplementary course material as described in this document, lunch, morning coffee and refreshments during breaks are provided for registered duration. The proceedings of the event will be captured on audio or video. Multimedia proceedings with all slides and handouts can be purchased separately on a CD-ROM which will also include the event material.
TIME:
Registration begins at 8:00 a.m. The morning sessions start promptly at 9:00.
CANCELLATION:
Please note that non-attendance at the event does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received 13 days prior to event date. No refunds will be issued after this date. Please note that a 15% service charge will be held in case of a cancellation.
DISCOUNT:
Federated Press has special team discounts. Groups of 3 or more from the same organization receive 15%. For larger groups please call Sandra Frattolillo at 1-800-363-0722, ext. 223 to get more information.
PAYMENT:
Payment must be received seven days prior to the event date.