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Panel One: Legal foundations of FPIC in international and domestic law

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09 June 2015

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This panel, featuring Dalee Sambo Dorough and Lorraine Land, examines the FPIC standard in international law, and how this standard has legal effect in Canada, as well as the convergence of international and domestic law in decisions such as the Tsilhqot'in Supreme Court Decision.

Click here for Lorraine's full powerpoint presentation.

Dalee Sambo Dorough:

Dr. Dalee Sambo Dorough (Inuit-Alaska) holds a Ph.D. from the University of British Columbia, Faculty of Law (2002) and a Master of Arts in Law & Diplomacy from The Fletcher School at Tufts University (1991). Dr. Dorough is currently an Associate Professor of Political Science at University of Alaska Anchorage; Alaska Member of the Inuit Circumpolar Council Advisory Committee on UN Issues; and Member of the International Law Association Committee on Implementation of the UN Declaration on the Rights of Indigenous Peoples.


Dr. Dorough has a long history of direct involvement in the discussion, debate, and negotiation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). She was an active participant in this work from 1985 up to adoption of the UNDRIP by the UN General Assembly on September 13, 2007. Dr. Dorough was also a direct participant in the two-year revision process of International Labor Organization (ILO) Convention No. 107, which resulted in the adoption of C169 Concerning Indigenous and Tribal Peoples in Independent Countries on June 27, 1989 by the ILO. She specializes in public international law, international human rights law, international relations, and Alaska Native self-determination. In addition, she has experience in the administration, management and coordination of statewide, national and international organizations as well as estimating and oversight of federal, state and private construction contracts.


Past work experience includes President of Yellowknife Construction, Inc. [1996-2010]; Executive Director of Alaska Inter-Tribal Council [1993-1994]; Executive Director of International Union for Circumpolar Health [1991-1993]; Executive Director of Inuit Circumpolar Conference (ICC) [1982-1989]; Paralegal at Chugach Natives, Inc. (now Chugach Alaska Corporation) [1980-1981]; Paralegal, Law Office of Phillip P. Weidner [1980]; Paralegal, Law Office of F. Browning Pipestem [1979]; Paralegal, North Slope Borough [1976-1977].
In the summer of 1977, Dr. Dorough assisted in the organizing of the first Inuit Circumpolar Conference, which took place in Barrow, Alaska and was hosted by the North Slope Borough.

During her tenure at the ICC, Dr. Dorough was responsible for not only the international human rights standard setting work but also for the coordination of the Alaska Native Review Commission (ANRC), which is regarded as one of the most important, comprehensive reviews of the impact of the Alaska Native Claims Settlement Act of 1971. The Commission’s work was led by former British Columbia Supreme Court Justice, Thomas R. Berger, who published his findings in the volume entitled Village Journey: The Report of the Alaska Native Review Commission.
 

Lorraine Land:

Lorraine Land is a partner at Olthuis Kleer Townshend LLP. She represents Aboriginal clients from across Canada, in negotiations and litigation on Aboriginal land rights and claims, Aboriginal consultation issues, impacts and benefits agreements, energy project reviews, and environmental matters. Lorraine was recently chosen by her peers, and named in Lexpert, as one of Canada’s leading Aboriginal law experts.

Lorraine has a Masters of Environmental Studies (with a concentration on Aboriginal co-management regimes), and a Certificate in Alternative Dispute Resolution. Before she was a lawyer, Lorraine worked for various national church and Aboriginal organizations on Aboriginal rights and environmental issues. Prior to re-joining OKT in 2009, Lorraine was Legal Counsel and the Acting Director of Legal Services for the Government of Nunavut, providing legal advice on a wide range of matters to the territorial government, and (as Acting Director) overseeing the provision of civil legal services in the territory.

In 2009, Lorraine received a Gold Key Alumni Award from Osgoode Hall Law School, for exceptional contributions to the legal profession and society, and accomplishment in the field of law. She is a member of the Ontario and Nunavut bars, past-chair of the Aboriginal Law Section of the Nunavut branch of the Canadian Bar Association, and served on the Executive of the Nunavut branch of the Canadian Bar Association.

Lorraine is currently adjunct faculty at Osgoode Law School, and teaches a course on Aboriginal Peoples and Resource Development. She lives in Lakefield, with her husband John Bird.
 

Moderated by Jennifer Preston

Jennifer Preston is the Programme Coordinator for Indigenous Rights for Canadian Friends Service Committee (Quakers). She has a BA (Hons) and a MA (thesis) and previously was a lecturer in Canadian Studies at the University of Waterloo. She was actively involved in the intensive lobbying efforts to ensure the successful adoption of the United Nations Declaration on the Rights of Indigenous Peoples in both Geneva and New York. She has worked closely with Indigenous Peoples representatives and state representatives as well as human rights organizations in various regions of the world.

Her work is now focusing on implementation of the Declaration. She is a co-author of and contributor to Realizing the UN Declaration on the Rights of Indigenous Peoples: Triumph, Hope and Action. For the past seven years she has written the annual review of Canada for The Indigenous World, for the International Work Group on Indigenous Affairs. Jennifer represented CFSC in their intervention at the Supreme Court of Canada in Tsilhqot’in Nation.

 

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