NOVEMBER 10-12, 2018 Banff, Alberta




The conference  will  use  the  context  of  the  historic  Aguinda  v.  Chevron  environmental  case  to  consider  the  critical  role  of  judicial  remedies  for  violations  of  the  rights  of  indigenous  and  other  affected  peoples  and  the  leading  systemic  obstacles  to  the  realization  of  remedies  in  particular  cases,  both  in  Canada  and  beyond.




NOVEMBER 10-12, 2018


Banff Centre for Arts and Creativity

107 Tunnel Mountain Dr, Banff, AB T1L 1H5


Early Bird Registration DeadLine: october 1, 2018

Regular Registration: october 2, 2018 to november 10, 2018

Corporate/Professional/Academic: $555.00 CAD (Early Bird); $630.00 CAD (Regular)

Regular Registrant: $399.00 CAD (Early Bird); $475.00 CAD (Regular)

Student: $100.00 CAD (Early Bird); $150.00 CAD (Regular)

* Please note that a limited number of scholarships to cover the cost of registration fees will be available. Please contact Penny Jacko at or Michelle Davis at to apply.

Registration includes: Breakfast, Lunch, morning and afternoon break refreshments, premade reservations for dine around on November 10th.




Reception: Friday, November 9th

5:00pm – 9:00pm : Registration- Max Bell Building Lobby

6:00pm – 7:30pm : Reception in the Max Bell Lobby, beverages and hors d'oeuvres with music by Juno award winning performers, Indian City,

7:30pm – 8:45pm: Fractured Land, documentary film - Caleb Behn Host 

The mini film festival will present a selection of documentaries on the conference themes. The films will be shown in the Max Bell auditorium.

8:45pm: discussion and reception

DAY 1: Saturday, November 10th

7:00am – 9:00am: Registration- Max Bell Lobby

8:30am – 9:15am : Welcoming Ceremony 

  • Elder Sykes Powderface, Stoney Nakoda Nation and Drum Group, Dancers

  • Michael Hart, VP of Indigenous Engagement, University of Calgary

  • Regional Chief Marlene Poitras, Assembly of First Nations

  • Oonagh Fitzgerald, Director, International Law Research Program, Centre for International Governance Innovation (CIGI)

9:15am – 9:25am : Introduction

  • Goals and Objectives

    • Phil Fontaine, Luis Macas

9:25am – 10:00am: Opening Keynote Address

  • MODERATOR: Phil Fontaine

  • Setting the Bottom Line in the Anthropocene

    • David Suzuki -Introduction by Phil Fontaine

10:00am – 11:00am: The Path Forward: Victories for Indigenous Peoples Rights in National and International Fora  

  • CHAIR: Sharon Mascher

  • The Path to an Indigenous Rights-Respecting Jurisprudence in the Inter-American System

    • Juan Aulestia

  • The Indian Residential School Settlement Agreement: Effective use of Indigenous Principles

    • Kathleen Mahoney

  • Success in domestic litigation regarding indigenous rights.

    • Bill Gallagher

11:00am – 11:15pm : Health Break

11:15am – 12:15pm : Challenges facing Ecuadorian peoples of Ecuador after the largest environmental catastrophe in the world 

  • CHAIR: Luis Macas

  • Survivors, Janeth Cuji, Carmen Cartuche and Rafael Pandam talk about their relationship to resource development in their Amazonian territories, their experiences with the resource development that has taken place, how they worked with NGO’s and other local rights groups over many years of struggle, what it’s like to grow up in a community struggling for its life, what reparations they need to repair the harms done to them, their families, their communities, their environment, their health, their economies and their lives.

12:15pm – 1:00pm: Lunch Break

1:00pm– 1:15 pm Selection of original music by Juno award winning band, Indian City in the Max Bell Auditorium.

1:15pm - 1:45pm: A Lawyer's Experience: The history of the Aguinda litigation

  • MODERATOR: Rex Weyler

  • Steven Donziger -Introduced by Charles Nesson

1:45pm – 3:00pm: Corporate Strategies of Obstruction

CHAIR: Shaun Fluker

  • Corporate Accountability: From 'Here, There and Everywhere' to 'Nowhere Man'

    • Shin Imai

  • The New Corporate Playbook: Targeting victims and their Lawyers with harassing SLAPP lawsuits and public “demonization”

    • Rachel Deming

  • Protecting the Protest: Legal efforts to defend against corporate harassment

    • Marco Simons

3:00pm – 4:00pm: Impediments to Achieving Indigenous Environmental Justice in the Court System

MODERATOR: Nigel Bankes

  • How courts deal with entrenched power

    • Phil Fontaine

    • Glenn Sigurdson

    • Cory Wanless

4:00pm – 4:15pm: Health Break

4:15pm - 5:15pm: Building New Relationships through the use of Indigenous Principles and Processes: The Residential School Example

  • CHAIR: Lee Francoeur

  • Limiting the Range of Permissible Lies: The importance of Truth Commissions for Reconciliation

    • Willy Littlechild

  • Re-building Indigenous Families After Residential Schools

    • Cora Voyageur

  • Reconciliation, Forgiveness, and Healing

    • Chief Bobby Joseph

5:15pm – 6:15pm : The Political and Operational Dimensions of Reparations

CHAIR: Michael Hart

  • Methodology for Bottom Up Engagement for Victims of Institutional Abuse: The Northern Ireland Experience

    • Patricia Lundy

  • Maintaining Solidarity in Grassroots Organizations

    • Jon McCourt,

  • Methodology Problems with the Missing and Murdered Indigenous Women Inquiry: Lessons learned

    • Marilyn Poitras

6:45pm – 11:00pm : Cultural Activities

Buses to take Delegates to Mount View Barbecue

  • Country and Western Barbecue and Cultural Night- the location for a “hoe down” western barbecue complete with hay bales, country music and line dancing.

  • Attire: Dress Western

Day 2: Sunday, November 11th

9:00am – 10:00am:  Taking the Message to the People Through Artistic Expression Part I

  • MODERATOR Val Napoleon

    • Roger Waters: Use of Popular Culture and Music to Inform the Masses

    • Aritha van Herk: Taking the Message to the People through Literature

    • Caleb Behn : Strategic Indigenous Media and Art

10:00am – 10:15am:  Health Break

10:15am – 11:15am:  Taking the Message to the People Through Artistic Expression Part II

  • 11:00am – Two minutes of silence for Remembrance

    • Aritha van Herk: Taking the Message to the People through Literature

    • Caleb Behn : Strategic Indigenous Media and Art

11:15am – 12:45pm:  Human Rights, Indigenous Rights and Business: Taking the message to Corporations

  • CHAIR: Brian Calliou

  • The Importance of Relationship Between Business and Human Rights

    • Glen Murray

  • Hearing from the Capital Markets: Calling Corporate Polluters to Account from the Inside

    • Simon Billenness

  • UNDRIP and the Business Community: What has Changed?

    • Basil Ugochukwo

  • Hearing from the Multinationals: The Changing Corporate Approach to Resource Development

    • Audrey Mascarenhas

12:45pm – 1:45pm: Lunch Break

1:45pm– 2:45pm: Overlapping Interests: Building Bridges Between Environmental NGO's and Indigenous Communities

  • CHAIR: Iris Almeida-Côté

  • Reconciling Conservation:  Building Ethical and Effective Partnerships with Indigenous Peoples

    • Jenny Brown

  • Making Connections between Environmental NGOs

    • Hannah Askew

  • Direct Action: Strategies and Successes with NGOs

    • Rex Weyler

2:45pm – 3:00pm:  Health Break

3:00pm – 5:15pm: Turning to Indigenous Law: Conceiving Harms and Reparations Through Indigenous Legal Traditions

  • CHAIR: Robert Hamilton

  • A workshop for teaching Indigenous Legal Principles

    • Val Napoleon

  • Cree responses to harms to lands/water

    • Darcy Lindberg

  • Overview of the Indigenous Law Research Unit's Methodology and its Application in Practice

    • Jessica Asch

6:30pm-  8:30pm: Social Activities

  • Dinner Away Night

9:00pm-  10:40pm: Crude, documentary film about the ongoing class action lawsuit against Chevron Corporation in Ecuador. The film follows the progress during 2006 and 2007 of a $27 billion legal case brought against the Chevron Corporation following the drilling of the Lago Agrio oil field, a case described by activists as an "Amazon Chernobyl".

Concurrent dinner discussions at local restaurants on:

  • RICO and SLAPP suits- Castello Ristorante (Fairmont Banff Springs):

  • Fighting back and Growing the Indigenous Coalition between Ecuador and Canada- Castello Ristorante (Fairmont Banff Springs):

  • Direct Action -The Vermillion Room (Fairmont Banff Springs): (Table 1)

  • Shaping a settlement model -The Vermillion Room (Fairmont Banff Springs): (Table 2)

  • Intersections between Environmental and Indigenous Rights Cases-Maple Leaf Restaurant:

  • Indigenous Strategizing for Social Justice -Grapes Restaurant:

  • NGO’s and CEO’s: Finding Common Ground-Park Distillery Restaurant:

  • Understanding Indigenous Legal Traditions-The Bison Restaurant:

  • Art and Indigenous Resistance-Chucks Steakhouse

  • Aboriginal Women and Dispute Resolution-Chucks Steakhouse

  • Internationalization of Domestic Law-Primrose Restaurant

  • Corporate Responsibility in the 21st Century- Tooloulous Restaurant

Day 3: Monday, November 12th

9:00am – 10:20 am: The Master’s Tools? Examining the Role and Promise of Existing Law Affecting Indigenous Rights and Interests

  • CHAIR: Jennifer Koshan

  • Can Existing International Arbitration and Judgment Enforcement Mechanisms Serve Indigenous Peoples?

    • Aaron Marr Page

  • Enforcement of Foreign Judgments in Canada- Subsidiary Liability/Enterprise Liability

    • Evar Oshionebo

  • UNDRIP Legislation and how it should be Applied to Environment, Human Rights, Interests of Indigenous peoples, and Trade Treaties

    • Nigel Bankes

  • Building Environmental Assessment Processes that Endorses the Principles of the UNDRIP

    • Sharon Mascher

10:20am – 10:35am: Health Break

10:35am – 11:45am: Rapporteur’s Report

  • Richard Devlin

11:45am – 1:00pm:

  • Statement of Commitment Going Forward

  • Formation of a Global Movement to Fight Global Corruption

  • Establish a Website to Create a Network

  • Signing Ceremony and Witnessing

  • Closing by Elder Sykes Powderface, Drummers and Dancers

Other Conference Activities: 

  • Poster Display

Graduate students will be invited to present their research on relevant topics in poster displays. These posters could be displayed throughout the conference. Selection of posters would be by a peer review committee. 

  • Art Display

The art show will include archival material from the construction and installation of the work at the Centre in 1991, Rebecca Belmore's "Speaking to My Mother" recordings during the installation and documents from Rebecca Belmore's designing process.


We hope you will join us for this groundbreaking conference

Sponsors & Supporters

We extend our sincere appreciation to our sPonsors and SUPPORTERS, without whom our conference would not be possible




   Amazon Defense Coalition (FDA)







Howard Morry

EDIP Sovereign Wealth Solutions

Pitblado Law

Conference Steering Committee: Kathleen Mahoney, Sharon Mascher, Phil Fontaine, Robert Hamilton, Nigel Bankes, Michelle Davis, Rajvir GilL, Penny Jacko.