Resume of Jean Teillet

Resume of Jean Teillet

BFA-York University; LLB-University of Toronto Called to the Bar in Ontario, BC, NWT

Partner in the law firm of Pape Salter Teillet

The primary focus in my work as a lawyer has been to assist in the development of a healthy space for Aboriginal people within Canadian society – a space where Aboriginal people will be respected and valued as contributing citizens of Canada. While I work a great deal with First Nations, I have been particularly concerned with advancing the rights of the Métis people.

I come to the field of Aboriginal rights law and my work with Métis people as a direct consequence of my heritage. I am the great grand niece of Louis Riel. Riel was legally trained and he used his considerable skills to bring Manitoba into Canadian confederation. He worked tirelessly and without any personal reward or profit towards creating a political and legal regime that respected the rights of all peoples. I have been greatly inspired by Riel in my work. To that end I have been involved in the development of the constitutional rights of Aboriginal peoples and in developing the means whereby Aboriginal peoples can exercise those rights freely. My work includes litigation, negotiation, public speaking, publishing, and last but not least, community service.

International

· as part of a Canada‑Russia Parliamentary team – I worked during 2001 in Moscow and in Siberia (Taimyr) with Russian federal and state elected representatives and with Russian and Canadian experts on matters concerning the Aboriginal peoples in Arctic Siberia who have traditionally herded reindeer. I also consulted with the Aboriginal peoples themselves on a wide range of political, environmental and social issues.

Litigation (selected)

· Taku River Tlingit First Nation v. Tulsequah Chief Mine - Supreme Court of Canada – the mining company sought to build a long road through the First Nation’s territory, a road that the experts all agreed would destroy their harvesting and their land based economy. I represented the Taku River Tlingit First Nation (co-counsel was Arthur Pape) in their struggle to assert to protect their lands while they are at the treaty table. The case, along with its companion judgment Haida Nation, sets out the basic framework for the constitutional obligations of consultation and accommodation in circumstances where rights have not been proven in court or recognized by a treaty.

· Haida Nation v. British Columbia (Minister of Forests) – Supreme Court of Canada - I represented the intervener, the First Nations Summit (with Arthur Pape, Hugh Braker & Anja Brown). This case, along with the Taku River Tlingit case, establishes that the Crown has a duty to consult and accommodate aboriginal peoples prior to making decisions that might adversely affect their as yet unproven aboriginal rights and title claims.

· R. v. Powley – Supreme Court of Canada - I was lead counsel for the Powleys at trial and in all appeals. The Powleys were charged with unlawfully hunting moose without a licence. The Supreme Court of Canada affirmed Métis harvesting rights in its landmark decision in September of 2003. Powley is now the governing law in Canada.

· R. v. Blais – Supreme Court of Canada – this case dealt with whether Métis could claim the same protection granted to “Indians” in the Natural Resources Transfer Agreement, which forms part of the Constitution, 1930. I was retained as counsel representing the intervener, the Métis National Council, at the Manitoba Court of Appeal and at the Supreme Court of Canada. The Supreme Court of Canada determined in September of 2003 that Métis are not included within the meaning of the term “Indian” in the NRTA.

· AG (BC) and the Ministry of Forests v. Thomas Paul – Supreme Court of Canada - I was co-counsel (with Arthur Pape) for the intervener, the BC First Nation Summit, before the Supreme Court of Canada. The issue was whether an administrative tribunal has the jurisdiction to decide questions of law with respect to Aboriginal rights or title.

· Paul & North Slave Métis Association v. Canada et al - Federal Court of Canada (Trial Division) - in this case a Métis group sought to enjoin the treaty negotiations of the Dogrib Treaty 11 Council. I represented the Dogrib Treaty 11 Council in this matter (co-counsel was Arthur Pape).

· Delgamuukw v. British Columbia – Supreme Court of Canada - this case is now the leading case with respect to Aboriginal title in Canada. At the Supreme Court of Canada I was co-counsel (with Arthur Pape, Harry Slade, and Peter Hogg) representing the Intervener, the BC First Nations Summit. The Summit represents all the First Nations in BC who are participating in treaty negotiations.

· R. v. Pamajewon – Supreme Court of Canada - was the first case to come to the Supreme Court of Canada that dealt with self-government for Aboriginal people. I was co-counsel (with Clay Ruby and Arthur Pape) representing the defendants Mr. Pamajewon and the Shawanaga First Nation.

· R. v. Perry - Ontario Court of Appeal – this case was one of the early cases in Ontario where the courts dealt with the differences between the rights and protections for ‘Indians’, ‘non-status Indians’ and Métis. I represented the Intervener, the Métis Nation of Ontario, in attempting to assist the court in its understanding that Métis are a separate people from ‘Indians’ culturally, while ‘Indians’ and ‘non-status Indians’ are the same ‘people’ with a different legal entitlements.

· Shawanaga Indian Band v. Ontario – Ontario Court of Appeal - In this case the Shawanaga First Nation sought to assert their control over a road that passed over their reserve. They sought compensation for long use by non-reserve residents. (co-counsel was Clay Ruby)

· R. v. Morin & Daigneault - Saskatchewan Queens' Bench – this was the first s. 35 Métis rights case in Saskatchewan. The court found that Métis have Aboriginal harvesting rights and that they had constitutional protection. I represented the two Métis defendants (with co-counsel Clem Chartier) both at trial and at the appeal at Queen’s Bench.

· Tucker & O'Connor v. Ontario Ministry of Natural Resources - Fisheries Hearings and Judicial Reviews – this case is about the survival of Métis family fisheries in the Treaty Three area and the priorities for access to natural resources. In this case American sport fisheries and First Nation fisheries are all seen as priority interests over Métis interests.

· R. v. Maurice - Federal Court (Trial Division) – in this case Métis fishermen and trappers were relocated off their prime harvesting area so that the federal government could establish the Primrose Lake Air Weapons Range. As a result of legal action and research the federal government has now compensated Indians for many millions of dollars, but has refused to compensate Métis. I represent the Plaintiffs.

· R. v. Laviolette – Saskatchewan Provincial Court – the province of Saskatchewan has established a Northern Administration Line, north of which it has decided to recognize Métis food harvesting rights. This case concerns whether a Métis who lives a few miles south of the line, but fished just north of the line. I represented Mr. Laviolette (co-counsel are Clem Chartier and Jason Madden).

· R. v. Goodon – Manitoba Provincial Court – in this case the defendant (a Métis) is charged with harvesting migratory birds. Manitoba has taken the position that Powley does not apply in Manitoba because all Métis harvesting rights were extinguished by various instruments including the Manitoba Act, 1870 and treaties with Indians. I represent the defendant.

Environmental Assessment

· Manitoba Hydro Wuskwatim Projects – hearings before the Clean Environment Commission as part of the environmental assessment of these hydro projects. I represented the Manitoba Métis Federation during the hearings.

· DeBeers Snap Lake Diamond Mine – a public hearing before the Mackenzie Valley Environmental Impact Review Board as part of the environmental assessment process for DeBeers Snap Lake Diamond Project proposal. I represented the Dogrib Treaty 11 Council in this environmental assessment process. The central issues in this process were water quality and the cumulative effects of the diamond mines on the caribou.

· BHP-Billiton Diamond Mines – a public hearing before the Mackenzie Valley Land and Water Board with respect to the application of BHP-Billiton for a Class “A” Water licence to proceed with mining diamonds in the NWT. BHP-Billiton sought to add three new pipes to its existing mining activity. I represented the Dogrib Treaty 11 Council who were negotiating a comprehensive treaty on these lands and who had great concerns about the cumulative effects of the mines on the migration routes of the caribou.

Inquest

· Inquest into the Death in Custody of Paul Alphonse – Paul Alphonse was a Shuswap Indian, a victim of the Williams Lake residential school, a member of the Williams Lake Band, an alcoholic and a ‘street person’. He died in custody of the RCMP. The autopsy results showed a severe bruise in the pattern of a boot on his back. He died of pneumonia brought on by five broken ribs resulting from an attack. The coroner’s jury made a verdict of homicide.

Negotiations

· Métis Nation Accord ‑ Métis National Council – Human Resources Development Canada has entered into an Accord with the national representatives of Indians, the Métis and the Inuit towards the recognition that Aboriginal peoples must have more control over training and human resource development.

· Métis Nation Protocol Agreement - pursuant to the Federal Reconciliation Policy ‑ Métis National Council – Unsuccessful negotiations that sought to establish the basis for a nation-to-nation relationship between the federal government and the Métis National Council.

· Aboriginal Healing Foundation ‑ Métis National Council – I was retained by the Métis National Council to assist in the development of the Aboriginal Healing Foundation. To that end I participated in the negotiations on the trust arrangements and the corporate founding documents.

· Dogrib Treaty 11 Tribal Council ‑ Comprehensive Land Claim Negotiations - specifically on the development of their Constitution – The Dogrib Treaty 11 Council has been negotiating a treaty since 1993. Part of that development is the preparation for the eventual assumption of self-government. Lead legal counsel for the Dogrib Treaty 11 Council in the treaty negotiations are Rick Salter and Arthur Pape. My role was to consult with the First Nation on the structures of their self-government and to develop a Dogrib Constitution that will guide the Dogribs government after the treaty is signed. The Dogribs have four communities so the Constitutional structure contains regional and local levels of government. The agreement, now known as the Tlicho Agreement was signed on August 25th 2003.

· Dogrib Treaty 11 Council – Northern Accord Negotiations – through the mid 1990s the federal and territorial governments were discussing the transfer of natural resources in the NWT from the federal government to the territorial government. I represented the Dogrib Treaty 11 Council in these discussions. To date the transfer has not occurred.

· Western Arctic Constitutional Discussions – on the division of the Arctic and the creation of the territory of Nunavut, I represented the Dogrib Treaty 11 Council in discussions with respect to a Western Arctic Constitution and the political legal status of the Western Arctic post-Nunavut.

· Xaxli’ip First Nation ‑ 2000/01 Interim Measures Negotiations – unsuccessful negotiations under the BC treaty process towards a mechanism that would address some of the urgent environmental damage in the Lillooet Valley, with particular attention to the water issues.

· Interim Harvesting Agreement - Métis Nation of Ontario – In July of 2004 an Interim Harvesting Agreement was agreed to that recognizes the Métis Nation of Ontario’s Harvest Card system and will recognize Métis harvesting.

· Association of Ontario Midwives – In 1996 midwives became part of the regulated health professions in Ontario. In 1999 their contract with the government of Ontario was renegotiated. The new contract changed the mechanisms for funding.

· Midwives Association of British Columbia – negotiations in 2002-2003 to renegotiate their Funding Agreement with the Province of British Columbia. One of the major issues in BC for midwives is the development of the profession. Part of the contract negotiations involves establishing incentives for the profession. A new contract was successfully negotiated and completed in 2003.

Papers ‑ Published

· The Role of the Regulatory Regime in Aboriginal Rights Disputes in Ontario (2005) – this paper was prepared for the Ipperwash Inquiry. Part of this paper, with respect to the 19th Century history of the harvesting regulatory regime in Ontario, was co-authored with Dr. Frank Tough. The paper looks at the historical role of the regulatory regime as well as how it has been engaged in very recent events. The paper will be published on the Inquiry’s website at www.ipperwashinquiry.ca/policy_part/index.html.

· Métis Law Summary 2004 – this is an annually updated (since 1999) summary of the law with respect to Métis. The MLS traces Métis cases back to the mid 1800s. It includes scrip cases from the early 1900s and harvesting decisions of the Alberta Métis Settlements Tribunal. It tracks all Métis cases as they move through the courts. The MLS also provides a brief analysis of Aboriginal rights law as it applies to Métis. The MLS 2004 includes a new section on consultation and administrative tribunals. The Métis Law Summary 2004 is available on the Métis Nation of Ontario website, in PDF format, at www.metisnation.org/harvesting/Powley/legal.html. The MLS is also used in courses in the Native Studies Department at the University of Edmonton and by the University of Toronto Faculty of Law.