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DESCRIPTION:Join us for the 2013 Wallenberg Annual Conference with Mary Ebe
 rts.\nAbstract\nIn interpreting section 35 of the Constitution Act\, 1982\
 , the Supreme Court of Canada has laid out a framework that relies heavily
  on outmoded concepts of colonial law.  The Court has expressed a preferen
 ce that the major work of reconciling Canadian sovereignty with Indigenous
  sovereignty should be done at the negotiating table.  The Court has also 
 emphasized “consultation” as the appropriate way for government to deal wi
 th conflicts between resource extraction and the historical claims of Indi
 genous peoples\, but said that Indigenous peoples in those consultations c
 an never simply say “no”.\nIn an era of mounting pressure to squeeze every
  ounce of economic value from Indigenous land\, on an often breathtaking t
 imetable\, this Supreme Court doctrine condemns Canadian First Nations to 
 take part in one last round of “Treaty” negotiations\, where the stakes ar
 e sky-high\, the cost of failure is potentially catastrophic\, First Natio
 ns’ negotiating position has been undermined\, and they may simply not hav
 e the resources to have lawyers and negotiators at the tables for as long 
 as it takes.\nAbout the speaker\nMary Eberts joined Hensel Barristers as c
 ounsel in 2013\, after completing her term as Ariel F. Sallows Chair in Hu
 man Rights at the University of Saskatchewan. She has litigated in trial o
 r appellate courts in most of the jurisdictions in Canada\, in the Federal
  Court and Court of Appeal\, in the Supreme Court of Canada\, and at inque
 sts and administrative proceedings\, appearing as counsel in many leading 
 cases. She has been litigation counsel for the Native Women’s Association 
 of Canada for over twenty years\, and was a co-founder of the Women’s Lega
 l Education and Action Fund (LEAF).\nMary Eberts writes and lectures\, nat
 ionally and internationally\, on constitutional and Charter law\, Indigeno
 us law\, and human rights. Ms. Eberts received her legal education at West
 ern University and the Harvard Law School. She has been a faculty member a
 t the Faculty of Law\, University of Toronto\, and held the Gordon Henders
 on Chair in Human Rights at the University of Ottawa. Before opening a spe
 cialized litigation practice in 1994\, she was a partner at Torys in Toron
 to. Ms. Eberts grew up in southwestern Ontario\, near Lake Erie\, and is a
  mother and grandmother.\nAbout this annual conference\nThe Wallenberg Con
 ferences honour Raoul Wallenberg\, the Swedish diplomat whose actions save
 d the lives of thousands of Jews in Hungary during the Second World War.
DTSTART:20130925T213000Z
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LOCATION:Maxwell Cohen Moot Court (NCDH 100)\, Chancellor Day Hall\, CA\, Q
 C\, Montreal\, H3A 1W9\, 3644 rue Peel
SUMMARY:Law vs. Justice: How the Courts are preparing the way for one last\
 , fatal\, round of treaty negotiations with Indigenous Peoples in Canada
URL:/channels/event/law-vs-justice-how-courts-are-prep
 aring-way-one-last-fatal-round-treaty-negotiations-indigenous-peop-229147
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