Driving Economic Growth with Indigenous Partnerships
We understand the critical role Indigenous peoples play in driving our economy forward and the complex legal regime applicable to work in this area. Our team works closely with clients to facilitate project development, providing advice on Aboriginal project approvals, and consultation and accommodation issues related thereto. We advise on project structuring, partnerships, planning, leasing, financing, and development, negotiate participation and impact benefit agreements, litigate including judicial reviews, and provide advice in relation to environmental assessments, permitting, and regulatory approvals, with a focus on building strong and mutually beneficial partnerships.
Comprehensive Legal Expertise
We have worked on many of the largest and most innovative projects in Canada and our team provides in-depth knowledge and expertise in a wide range of Aboriginal law matters, including:
- All aspects of project development, from planning to implementation and leasing or sale
- Consultation and accommodation, including related litigation
- All aspects of project lending, including acting for both borrowers and financial institutions
- Aboriginal rights and treaty rights
- Land claims and treaty land entitlements claims
- Public-private partnerships, including partnerships with First Nations and other governments
- First Nations governance, land management and taxation
- Complex due diligence and negotiations to secure economic benefits
- Resource development agreements and impact benefit agreements
- Additions to reserve land
Tailored Legal Solutions
We understand and appreciate the unique challenges and opportunities at stake in Aboriginal law and draw upon both our national platform and regional strengths to provide tailored legal advice. Our cross-sector experience allows us to represent businesses and Indigenous peoples effectively in various matters, including:
- Partnerships and strategic alliances
- Corporate structuring and financing
- Environmental assessments and regulatory approvals
- Litigation including breach of fiduciary duty claims
- Judicial reviews
- Governance matters and law and policy drafting
- Health, child welfare, and education
- Gaming and program transfers
- Past grievance resolution
Notable matters
- Negotiated and drafted a number of Project Related Agreements, including Impact Benefit Agreements in the Yukon, British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Quebec, Ontario and Newfoundland and Labrador
- Provided legal and strategic business advice to aboriginal and industry representatives in the Yukon, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick and Newfoundland and Labrador in natural resource and real estate development sectors
- Acted as counsel negotiating specific land claims in Alberta
- Provided advice to provincial governments with respect to comprehensive land claims
- Acquired Provincial Crown Land for the provision of lumber stocks in British Columbia and Alberta
- Negotiated provincial claims focused on natural resources
- Negotiated joint venture agreements and partnership agreements in relation to renewable and non-renewable projects in the British Columbia, Newfoundland and Labrador, Ontario and the Northwest Territories
- Represented First Nations on environmental issues arising in the context of the forestry and mining industries
- Represents large hydro companies on past grievance negotiations and negotiations of settlement agreements
- Represents a number of small to international mining companies with respect to the negotiation of Impact and Benefit Agreements
- Advised several Métis settlements on the implications of provincial legislation including the minimization or elimination of tax, structuring and negotiating joint venture and other participatory agreements
- Represented parties in litigation with respect to leasing issues, the Crown’s fiduciary duties, past project liabilities, treaty litigation, trespass and nuisance on reserve lands
- Assisted with the provision of conventional funding for First Nation and Aboriginal institutions faced with difficulties in raising funds to put forth claims or for business development
- Developed a joint venture agreement for a number of aboriginal groups for the establishment of a communications network
- Advised many boards on legal requirements for project development on treaty and unresolved Aboriginal title lands
