Overview
With many of Canada’s leading lawyers in all areas of Aboriginal law, Miller Thomson’s Aboriginal Law Group provides a national platform for sophisticated and strategic advice to industry, Indigenous peoples, crown entities and governments on a full suite of legal services. Our clients recognize the critical role that Indigenous peoples will play as drivers of our economy in the years to come.
In facilitating project development, we advise on all matters involving Aboriginal consultation and accommodation, including negotiating participation and benefit agreements, environmental assessments, permitting and other regulatory approvals. We provide in depth knowledge and expertise in matters involving Aboriginal and treaty rights, as they relate to reserve land development, land claims, treaty land entitlement claims, past grievances, First Nations Land Management and governance.
Our team appreciates the unique and challenging issues at stake and can draw upon both our national platform and regional strengths providing advice that is particular to the legal landscape and unique Aboriginal or treaty rights present in each jurisdiction.
We offer cross sector experience and seamless advice in representing businesses and aboriginal peoples in a wide range of matters, including:
- Aboriginal and treaty rights and the duty to consult
- Consultation and Accommodation
- Facilitation and negotiation of Resource Development Agreements on Aboriginal lands subject to Title Claims, Aboriginal and treaty rights and Land Management Codes
- Specific and Comprehensive Land Claims
- Breach of fiduciary duty claims and Past Grievance resolution
- Environmental Assessments, Regulatory Approvals and Interventions
- Business Advice
- Advice to Aboriginal communities on governance matters including the facilitation and drafting of related Policies
- Corporate Structuring
- Financing and Taxation
- Partnerships and Strategic Alliances
- Health, child welfare and education
- Gaming
- Program transfers
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
