Find Lawyers in Canada for Aboriginal Law / Indigenous Practice
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Aboriginal Law / Indigenous Practice - Canada
About this Practice Area
Julie Abouchar, B.Sc. (Hons.), LL.B., B.C.L., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP and certified as a Specialist in Indigenous Legal Issues and Environmental Law by the Law Society of Ontario. Julie provides solutions to environmental law issues including water taking and discharges, contaminated land risk avoidance, regulatory management and compliance. Julie is recognised for her experience working with Indigenous communities. Focusing on resource and infrastr...
Brad Armstrong, QC has extensive experience in civil litigation, aboriginal law, administrative and constitutional law, and environmental law. He represents clients involved with land use issues, project development, regulatory approvals, environmental assessments, First Nations consultation, and litigation, in a range of natural resource industries including mining, forestry, agriculture, aquaculture, energy, independent power projects, oil and gas, and transportation. His practice extends t...
Dan Bennett's practice is focused in the areas of trial, arbitration, hearing and appeal work in commercial and administrative litigation. As a member of our litigation group, Mr. Bennett has conducted a broad range of cases in commercial, real estate, and natural resource matters in British Columbia, Alberta and Yukon superior courts and courts of appeal as well as the Federal Courts, including the Supreme Court of Canada. He also appears regularly before a number of administrative boards de...
Keith advises private sector, public sector and government clients on Aboriginal law and regulatory matters. He has appeared as counsel before numerous regulatory tribunals and all levels of Superior and Appellate Courts (both Federal and Provincial), including the Supreme Court of Canada. He has acted for clients in a number of natural resource industries including hydro-electric generation and transmission, oil and gas, mining, aquaculture, forestry, transportation and independent power pro...
Charles (Chuck) Birchall, B.A. (Hons.), LL.B., LL.M., is a partner at Willms & Shier Environmental Lawyers LLP and certified as an Environmental Law Specialist by the Law Society of Ontario. Chuck practices in the firm’s Ottawa office. Chuck has over 30 years’ experience devoted exclusively to environmental law with particular expertise in contaminated land/brownfields site remediation, environmental compliance and approvals as well as environmental assessment matters. Chuck a...
Wally Braul is a partner in the firm's Advocacy Group, and is one of Western Canada’s most highly regarded energy, Aboriginal law and environmental lawyers. He has been repeatedly recognized by Lexpert as a leading lawyer in energy, environmental and Aboriginal law, and by The Best Lawyers in Canada and Who’s Who Legal as one of Canada’s foremost environmental lawyers. Wally’s recent work includes: Tribunal and judicial proceedings respecting shale gas fracking, water,...
Jules Brière has been in private practice in Quebec City since 1976. He has acquired a strong reputation in constitutional law, administrative law, health law and the law governing public lands (production, transmission and distribution of hydro-electricity; forestry and land management). Mr. Brière has on many occasions advised governments, various ministries and public and parapublic agencies on the legal aspects of resource management and development in the public domain, the...
Emilie Bundock's practice focuses primarily on energy and natural resources development projects. She advises clients on matters relating to Indigenous law, such as consultation and drafting and negotiating agreements with Indigenous communities, and environmental law. Over the years, she has developed an expertise in ethics and lobbying law and on various issues relating to corporate social responsibility including ESG.
Karin has done extensive legal work on behalf of First Nations in relation to treaty rights, consultation, environmental protection, and negotiating impact benefit agreements. She also practices in the area of environmental law, representing landowners, NGOs and companies, and served as the President of the Environmental Law Centre. As a trial lawyer, Karin has successfully represented clients in litigation in relation to the defence of malpractice claims, the protection of land and environme...
Adam Chamberlain is an active member of Gowling WLG's Environmental Law, Indigenous Law and the Canada North Practice Groups. Certified as a Specialist in Environmental Law by the Law Society of Upper Canada, Adam has practised environmental and energy law for most of his career, focused on infrastructure development. Adam's practice encompasses diverse matters related to the environmental and other regulatory requirements involved with project development. Adam is also extensively involved i...
Ray Chartier practises commercial litigation, arbitration and dispute resolution, focusing on matters involving the energy industry, major infrastructure projects and the transportation sector. He also advises a broad range of clients on indigenous law issues, and on environmental, social and governance (ESG) risks, regulation and compliance issues. Ray's clients include project proponents, financial institutions and other stakeholders. Over the years, Ray has been involved in pipeline applic...
Jean-Sébastien Clément is a partner in the firm's Montréal office. His practice has been focusing on aboriginal law for more than fifteen years with a particular interest for matters pertaining to self-governance, natural resources, forestry, education, socio-economic development, administration of justice, environment, land regime and health and social services. During his career, he has acted and played a major role in many litigation cases including constitutional case...
Max Collett is a leading real property, planning and environmental lawyer with a keen interest in the development of sustainable cities. Mr. Collett provides timely and practical advice to public and private sector clients on a diverse range of projects, including the remediation and re-development of industrial brownfield sites, development of healthcare-related facilities, complex mixed-use strata developments and commercial joint ventures on First Nations lands. He regularly assists on pro...
Brian Crane is a partner in Gowlings' Ottawa office. As senior member of Gowlings' Advocacy Law Group, he practises in constitutional, administrative and Aboriginal law. Brian appears as counsel before the Supreme Court of Canada, the Federal Court and the Ontario Courts. He has worked extensively in the negotiation of native land claims and self-government agreements and related litigation, and in arbitration and mediation. An active member of the Canadian Bar Association, Brian has chaired ...
François Dandonneau is a partner in the firm’s Montréal office. His practice has been centred on Aboriginal law for over fifteen years with a specific focus on matters dealing with mining and natural resources, procurement, taxation and self-governance. Throughout his career, François has acted and played a major role in important litigation matters, notably constitutional cases, before all levels of the courts, including the Supreme Court of Canada. François...
Kathryn Deo, Managing Partner, lives and works in the unceded territory of the lekwungen People. Her practice focuses on self-governance initiatives, including negotiation of self-governance agreements and the drafting of Constitutions, Land Codes, land laws, and other laws, bylaws, and related policies. She is a member of the Law Societies of British Columbia, the Northwest Territories, and Nunavut. A significant portion of Kathryn’s practice focuses on initiatives under the First Nati...
Tim is a partner in Farris’ litigation group in Vancouver. He practices as general counsel and acts in many areas of law, including complex commercial disputes, Aboriginal and regulatory law, and constitutional test cases. Tim is an experienced advocate who regularly appears in lengthy trials and public inquiries and before appellate courts, including the Supreme Court of Canada. Tim’s focus is on achieving results for his clients, whether through litigation or through negotiation...
John is one of Canada’s foremost experts in environmental, regulatory, administrative, and Indigenous legal issues in Canada’s North. John focuses on environmental approvals for resource development, land claims implementation, and modern treaties in the Northwest Territories and Nunavut. He advises industry, Indigenous groups, governments, and co-management tribunals involved in environmental impact assessment and land and water regulation for resource development projects in the...
John Doolan is a senior real estate lawyer, with a wide variety of experience in commercial real estate law and aboriginal law matters. John has been a commercial real estate lawyer for over 30 years. His experience includes advising on major projects and financings, infrastructure development, structuring transactions, acquisitions and dispositions, partnerships and joint ventures, real estate development and leasing. John has extensive experience in aboriginal law, including with respect to...
Catherine Fagan, Partner, is a member of the Barreau du Québec, the Law Society of Newfoundland & Labrador and the Law Society of Manitoba. She works exclusively with Indigenous clients in the areas of Aboriginal law, constitutional law and environmental law. She lives in St. John’s, the ancestral homelands of the Mi’kmaq and Beothuk, and also recognizes the Inuit of Nunatsiavut and NunatuKavut and the Innu of Nitassinan as the original Peoples of Labrador. Catherine ha...
Max Faille is a partner in Gowling WLG's Vancouver office, practising in Indigenous law, public law and general litigation.Max's clients consist of Indigenous governments and businesses across Canada, as well as private sector interests seeking to do business with Indigenous communities. In addition to legal representation in the courts and in negotiations, Max regularly provides advice on matters of Aboriginal and treaty rights, First Nation taxation, self-government, Aboriginal consultation...
Peter Feldberg is Fasken’s Managing Partner. He is responsible for the firm's strategic direction, management and client service. He is also a member of Fasken's Partnership Board. As an energy regulatory lawyer, he has helped clients to develop and gain approvals for some of the largest energy infrastructure projects in western Canada. Peter works closely with the Partnership Board and the Management Team to develop and implement the programs that are necessary to provide excellent, pr...
Bridget Gilbride is a litigator in Vancouver specializing in Indigenous, environmental and public law. Bridget assists large energy and mining companies seeking major project approvals ranging from advice and representation in environmental assessments, permitting and consultation processes, to representing them in regulatory hearings, judicial reviews, injunctions and other litigation. Bridget has appeared before all levels of court in British Columbia and the Federal Court, and has appeared...
AREAS OF PRACTICE: Litigation, Insurance, Personal Injury, Labour and Employment, and Aboriginal Law PROFESSIONAL EXPERIENCE: Maria received her B.A. degree from St. Thomas University in 1977, and her LL.B degree from the University of New Brunswick in 1980. She was admitted to the Newfoundland Bar in 1981 and to the New Brunswick Bar in 1989. Maria received her appointment as Queen's Counsel (Q.C.) in 2004. Her affiliations include membership in the Canadian Bar Association, the Law Society ...
Brenden Hunter practices energy regulatory, Indigenous and environmental law. Frequently appearing before regulatory tribunals, Brenden has extensive project experience, providing representation and assistance to clients in developing and defending applications. Brenden also advises on and assists regulated utilities with their rate related applications, both generic and utility specific.
Clarke Hunter has practised litigation and dispute resolution since 1980, following a clerkship with Chief Justice Laskin at the Supreme Court of Canada. He has represented clients in domestic and international arbitrations and mediations, at all levels of the courts in Alberta, in the courts of two other provinces, and in the Federal Court, the Tax Court and the Supreme Court of Canada. The disputes on which Mr. Hunter has acted have involved a broad range of subject matters, including abori...
John Hurley is a partner in the firm’s Montréal office and leader of the Aboriginal Law Group. He has more than 30 years experience in commercial law, with special emphasis on First Nations, energy and infrastructure, environmental law, regulatory matters and international development. John has long worked with Aboriginal peoples in Québec, especially the Crees and the Inuit, on a wide variety of matters, including government relations, energy and natural resources, enviro...
Christine practices environmental and aboriginal law, providing advice in respect of major project development, environmental assessment, permitting, operational matters and acquisition and sale of industrial projects. She provides specialized mining industry advice, representing clients with respect to permitting and regulatory aspects of exploration, development, operation and closure of mining projects. Her other clients include energy, forestry and other natural resource sector companies,...
Environmental law is dynamic and as an experienced environmental and regulatory lawyer, Ron Kruhlak enjoys the challenges of handling new environmental projects with novel issues. His focus is on resource development applications and commercial disputes. He has a knowledge base that covers a broad range of environmental matters, including energy, regulatory, and construction-related projects and conflicts. On the resource side, Ron assists with current and emerging issues in sectors including...
Pierre-Christian Labeau is counsel to the Environment, Energy and Climate Change Group in our Quebec City office. In this capacity, he advises clients on legal and policy issues relating to mining, forestry and energy development, including the negotiation and drafting of numerous impact benefit agreements and the duty to consult. He also provides legal advice to government agencies, corporations and financial institutions on matters related to the special legal status of Aboriginal peoples. ...
Daniel Lacelle is partner in the firm's Montréal office and is the office leader of the Tax Law Group. He practises in taxation law with particular emphasis on corporate and transactional taxation, including in relation to mergers and acquisitions, corporate reorganization, infrastructure, debt and equity financing, foreign entities and aboriginal tax. He has acted for financial institutions, equity investors and other corporate entities with respect to public and private corporate fin...
Sara Mainville is a Partner at JFK Law LLP. Sara works with First Nations and is one of the few practicing lawyers that works as much within Indigenous legal systems as within Aboriginal law and Canada. Sara Mainville has a Bachelor of Management from the University of Lethbridge and a LL.B. from Queen’s University and Sara chose to article at Ecojustice Canada. In addition to her legal practice, Sara has earned a LL.M from the University of Toronto and was awarded the June Callwood bur...
Simon is a senior litigator and skilled mediator/arbitrator. Following his call to the bar in 1983, he developed a broad commercial and insurance based practice, representing clients at all levels of court. Simon also earned a reputation for fairness and for providing practical and cost-effective advice in assisting clients to resolve many disputes without the necessity of trial. Recognizing a need, Simon launched his mediation and arbitration practice in 2004 while a senior partner at Bull H...
Kevin O'Callaghan is a respected litigator in British Columbia and Leader of the firm’s Indigenous Law group. He is also the regional Lead for the Corporate Social Responsibility Law group. Providing strategic advice on indigenous, regulatory, environmental and other corporate social responsibility issues, Kevin advises clients throughout Western and Northern Canada, and around the world. Kevin provides strategic advice on managing projects through environmental assessment and consultat...
Brent Olthuis is an experienced litigator with a broad practice. He represents individual and corporate clients in civil and commercial matters and also regularly acts for regulated professions and their member professionals, as well as for other public bodies. He has acted as external counsel to the Auditor General of Canada in respect of the 2015 audit of the Senate and for the Attorney General of British Columbia in constitutional proceedings. He presently acts for the City of Richmond in ...
John is a member of the firm’s Aboriginal, Environmental, and Project Development practice groups. His practice includes advising private sector and government clients throughout Canada on Aboriginal, environmental, regulatory and natural resources matters. John advises oil sands developers, conventional oil and gas companies, railways, mining companies, utilities and other resource developers on environmental regulatory matters and on Aboriginal law matters, including Aboriginal consul...
Jessica Orkin has a broad litigation practice including criminal, civil and administrative law matters, with an emphasis on constitutional, human rights, Aboriginal rights and access to information law matters. Jessica appears at all levels of court, including the Court of Appeal for Ontario and the Supreme Court of Canada. She is also a frequent speaker at legal conferences and seminars. Jessica received her law degree from the University of Toronto. She also holds an M.Phil. degree in Devel...
A former Physical Therapist, Michelle Ouellette, KC practices in the area of civil litigation with a special interest in health law, aboriginal law, and professional disciplinary matters. In 2013, Michelle was the recipient of the Canadian Bar Association – Saskatchewan Branch, Community Service Award, which recognizes outstanding dedication, service and commitment to the community. Michelle has represented her clients at all levels of the Canadian courts. She has also appeared as couns...
Marco Poretti ’s practice is focused on litigation and aboriginal law, with an emphasis on commercial litigation, contract disputes, construction litigation, shareholder disputes, commercial insurance disputes, professional errors and omissions claims, and municipal property assessment complaints. He has a broad range of experience before courts, tribunals and arbitrators, and has appeared before all levels of Alberta courts, federal courts and the Supreme Court of Canada. Marco is also...
Bob Potts has been a Partner in the firm for more than thirty-five years. He is an experienced litigation counsel with a varied practice and extensive client list. Bob has successfully acted for clients in disputes involving real estate and business contracts, corporate disputes and mortgage enforcement remedies. He has defended class actions and served as counsel in several leading cases, including Abdool , Bre-X and the class action stemming from the 2008 propane explosion in Toronto. Actin...
Cliff is the Managing Partner of Lawson Lundell. Cliff’s practice is focused on environmental and aboriginal litigation. His clients include companies in the forestry, manufacturing, mining, real estate development, hydro-electric power generation industries. Cliff has represented his clients in environmental prosecutions, administrative actions, permit appeals, environmental assessments and has helped clients respond to a wide variety of environmental investigations and prosecutions. C...
Aaron Starr has a practice that focuses on corporate and commercial law, real estate, estate planning, First Nations legal issues, including natural resource development, Trusts, providing both strategic business and legal advice to clients in developing projects on First Nation Lands. He also provides advice to First Nation’s economic development corporations and businesses on the operational side of such agreements, general corporate/commercial matters, negotiation and formation of jo...
Adrienne practices in the areas of labour, constitutional, administrative, and national security law, as well as in Aboriginal law and Indigenous rights. She has appeared before all levels of courts in Ontario, the Federal Courts, and the Supreme Court of Canada. She provides strategic legal advice to clients on a range of issues, and advances their interests through negotiation, litigation, and oral and written advocacy before courts, tribunals, and in other forums. Adrienne's labour law pra...
Charles F. (Chuck) Willms has considerable experience in Indigenous, corporate social responsibility (CSR), commercial and constitutional matters. Chuck’s industry knowledge encompasses the construction, energy, forestry, and mining sectors. Having represented clients at both levels of federal court, Chuck has also appeared before the supreme courts of BC and the Yukon; Alberta Court of Queen's Bench, and BC, Alberta; and Yukon courts of appeal. He has appeared numerous times in the Sup...
Aboriginal Law / Indigenous Practice Definition
Aboriginal law in Canada, in its broadest sense, is law about Aboriginal people; namely First Nations people (e.g. the Dene people or the Cree people), Inuit, people and Metis people (i.e. a distinct group of people created from the union of First Nations people and Europeans).
Much of Aboriginal law is about four important concepts: Aboriginal title, Aboriginal rights, Treaty rights, and the closely associated duty of consultation and accommodation. All of these rights are protected by s. 35 of the Constitution Act, 1982.
Aboriginal title recognizes that Aboriginal people have property rights to Canada due to occupation before assertion of European control/sovereignty. These property rights are held communally by Aboriginal nations and can only be sold to the Crown, not private parties. Title is seen commonly in areas without treaties, such as British Columbia or the Maritimes.
Aboriginal rights arise from practices, customs, and traditions integral to an Aboriginal group at the time of European contact (or effective control in the case of the Metis). Examples include the right to hunt for food or in some cases the right to harvest fish commercially. Aboriginal rights are seen across Canada.
Treaty rights arise from treaties between Aboriginal people and the Crown. It is a solemn contract and treaty promises can depend on the treaty text. The treaties in the Prairie provinces are known as “surrender” treaties as the treaty cedes land to the Crown in exchange for treaty rights such as the right to hunt for food or the creation of reserve land. Many, if not all, First Nation people dispute that they have extinguished their rights to land as asserted in the treaty.
Finally, the duty of consultation and accommodation is an obligation on the Crown (Federal or Provincial) to engage an Aboriginal group before the Crown makes a decision to do something (e.g. allow tree harvesting or allocate Crown land) that may adversely impact proven or asserted rights. This is an important obligation designed to inform the Crown decision making process by ensuring Aboriginal perspectives on Crown action are brought forward before decisions are made.
Many lawyers assist resource developers, First Nations, and the Crown on the duty of consultation as a part of the regulatory process, which is required if development is to occur. Further, many lawyers assist First Nation and the Crown in addressing title, rights, and treaty claims.
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