2023 NCRD Meeting

8:30 am – 9:00 am

Opening

Introductions (Round Table) – Jody Woods

Review of Agenda

Library and Archives Canada – Welcome & Overview of Indigenous Initiatives

• Leslie Weir, Librarian and Archivist of Canada
• Johanna Smith, Library and Archives Canada

Links:

1. New ATIP request guidance and form – Make an ATIP request (canada.ca)
2. Price-McIntosh Bursary – next call to launch in the next few weeks –Price McIntosh Bursary (canada.ca)

9:00 am – 9:45 am

Update on the Federal Engagement Initiatives (Access to Information Act and Privacy Act Reviews – Moderator Robyn Laba

• Charles Taillefer, Executive Director, Access to Information Policy and Performance Division, Data and Digital Policy Sector, Treasury Board of Canada Secretariat 
• Carolina Mingarelli, Director and General Counsel, Center for Information and Privacy Law, Justice Canada  
• Jennifer Schofield, Observer, Executive Director, Privacy and Responsible Data Division, Office of the Chief information Officer

Presentations:

1. Access To Information Review ENGLISH
2. Access To Information Review FRENCH
3. Privacy Act Modernization ENGLISH
4. Privacy Act Modernization FRENCH

Documents:

1. Access To Information Review Indigenous Specific “What We Heard” Report
2. December 5, 2022 UBCIC Submission to ETHI re Access to Information Study
3. December 2022 Treasury Board Secretariat Report to Parliament re Access to Information
4. November 4, 2022 NCRD and UBCIC Full Disclosure: Canada’s Conflict of Interest in Controlling First Nations’ Access to Information
5. Treasury Board Secretariat – Access to Information and Privacy Implementation Notice 2023-01: Advancing Reconciliation with Indigenous Peoples by Providing Culturally Appropriate Services

9:45 am – 10:45 am

In Other News – Improving Access to Government-Held Records

Heritage Collections Update: RG-10 ICR Pilot Project

• Jason Friedman, Senior Manager, Heritage Services, Canadian Research Knowledge Network 
• Contact Jason: [email protected]

Presentation: Heritage Collections Update: RG-10 ICR Pilot Project

CRNK Links for bulk PDF image download:

• Instructions for new service: https://www.crkn-rcdr.ca/en/navigating-collections
• New bulk download service: https://pdiiif.jbaiter.de/

Insights from a CIRNAC Historical Researcher related to accessing records

• Jean-Pierre Morin, Departmental Historian, Crown-Indigenous Relations and Northern Affairs Canada

Documents:

1. T Reels: Department of Indian Affairs Treaties and Agreements

Discussion 

11:00 am – 12:00 pm

Regional Round Table – Updates, Experiences and Issues from your Area – Maritimes, Quebec and Ontario

• Francis Walsh – Mohawk Council of Kahnawà:ke 
• James Lasaga – The Confederacy of Mainland Mi’kmaq
• Luke Hunter – Nishnawbe Aski Nation

12:45 pm – 1:30 pm

The Cost of not Settling Claims

• Rachel Singleton-Polster, Independent Contractor

Presentation: The Cost of Not Settling Specific Claims

Discussion

1:30 pm – 2:45 pm

Barriers to Accessing Records – Moderator Jody Woods

Updates from the CRU-Canada ATI Working Group

• Morgan Chapman, Head of Research Operations, Havlik Consulting Group

CIRNA Informal Access to Documents and Records  

• Darlene Bess, Chief Finances, Results and Delivery Officer, CIRNAC
• Sam Macharia, Corporate Secretary, CIRNAC
• Errol Melancon, Deputy Director, Access to Information and Privacy, CIRNAC
• Heather Descarie, Deputy Director, Access to Information and Privacy, CIRNAC

Invited

• Remy Payette, Director, Corporate Information Management Directorate, Indigenous Services Canada (ISC) [invited]
• Tammy Martin, Director, Access to Information and Privacy (ATIP) Director, Indigenous Services Canada (ISC) [invited]

Library Archives Canada Informal Access to Documents and Records 

• Kristina Lillico, Director General, ATIP Branch, LAC
• Boris Stipernitz, Director for Indigenous Requests, LAC  
• Serena El-Asmar, Deputy Director for Indigenous Requests, LAC

Presentations:

1. Kristina Lillico – Library and Archives Canada Access to Information and Privacy Update ENGLISH
2. Kristina Lillico – Library and Archives Canada Access to Information and Privacy Update FRENCH

Documents:

1. May 16, 2023: Letter – Minister Miller Response to NCRD
2. April 27, 2023: Letter – UBCIC to Standing Senate Committee on Indigenous Peoples re: Additional Information in Support of Request for Committee to Initiate a Study on the Informal Access to Information Process for First Nations
3. April 25, 2023: Letter – NCRD Letter to Minister Miller re Calling on Minister to Address Outstanding Issues Related to Informal Access to Information Procedures that Continue to Stall First Nations’ Specific Claims
4. March 31, 2023: Letter – Minister Miller Response to NCRD ENGLISH
5. March 31, 2023: Letter – Minister Miller Response to NCRD FRENCH
6. February 15, 2023: NCRD Open Letter to Ministers Miller and Lametti re Calling on Canada to Withdraw New, Egregious Informal Access to Information Requirements that Compromise First Nations’ Access to Justice ENGLISH
7. February 15, 2023: DNRR Lettre Ouverte FRENCH
8. February 1, 2022: News Report – Indigenous Services Canada headlines trifecta of federal departments ‘winning’ at obstructing release of information
9. 2022-2023 ATIP Statistics from CIRNAC
10. Privacy Act Permissible Disclosures – by Year for ISC and CIRNAC

Discussion

3:00 pm – 3:30 pm

3:30 pm – 4:15 pm

Update from the Chair of the Specific Claims Tribunal 

• Justice Victoria Chiappetta, Chairperson, Specific Claims Tribunal 

Discussion

9:15 am – 9:45 am

Review of SCB’s Return of Documents – A Community Example and Discussion

• Shannon Williams, Nlaka’pamux Nation Tribal Council

Discussion

9:45 am – 10:45 am

A Village Site Specific Claims Story – Community and Legal Insights 

First Nations’ Counsel Perspectives on Specific Claims to Village Sites and its relationship to Aboriginal Title

• Elisa Penn, Mandell Pinder LLP

Presentation: First Nations’ Counsel Perspectives on Specific Claims to Village Sites and its relationship to Aboriginal Title

Discussion

11:00 am – 11:45 am

Discussion Study and Paper – Land Back: Restitution of Lands in the Specific Claims Policy

• Shiri Pasternak, Assistant Professor, Toronto Metropolitan University

Presentation: Land Back: Restitution of Lands in the Specific Claims Policy

Links: Canada and the Okanagan Indian Band sign agreement for an advance payment against settlement of specific claim.

Discussion

11:45 am – 12:15 pm

Regional Round Table – Updates, Experiences, and Issues from The Prairies

• Rebecca Sinclair – TARR Manitoba
• TBC

12:45 pm – 1:30pm

Update on the Legal Landscape 

• Erica Stahl, Associate, Mandell Pinder 

Presentation: Legal Update

Documents:

1. May 16, 2023 Briefing Note to NCRD re Restoule Intervention
2. SCC 40024 Ontario vs. Restoule Factum of Intervener

Links: Upcoming SCT Hearings: https://www.sct-trp.ca/en/claims/list-upcoming-hearings

Discussion

1:45 pm – 2:30 pm

Update from the AFN Chiefs Committee on Lands, Territories and Resources and the AFNs work to develop an Independent Center for the Resolution of Specific Claims 

• Regional Chief Paul Prosper, Assembly of First Nations
• Kathleen Lickers, External Legal Counsel to the Assembly of First Nations

Presentation: AFN-Canada Specific Claims Co-Development

Discussion

2:30 pm – 3:30 pm

Meeting with CIRNAC Officials

Specific Claims Branch – Updates and Discussions

• Stefan Matiation, Director General, Specific Claims Branch (SCB), Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) 
• Maire Laurence Daigle, Director, Research and Assessment Directorate, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) 
• Francois Routhier, Acting Director, Policy and Litigation Management / Specific Claims Branch

Negotiation Support Directorate – Updates and Discussions

• Stacey Morrissette, Manager, Director, Negotiation Support Directorate, Fiscal Branch, Treaties and Aboriginal Government, Crown-Indigenous Relation and Northern Affairs Canada (CIRNAC)
• Chantal Goulet, Program Manager, Funding Services Unit, Negotiation Support Directorate, Crown-Indigenous Relations and Northern Affairs Canada

Presentations:

1. CIRNAC – Specific Claims Presentation

Discussion

3:30 pm – 4:00 pm

NCRW Planning Meeting

• Jody Woods

Documents:

1. 2023 NCRW Announcement