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Find Lawyers in Canada for Aboriginal Law / Indigenous Practice
Practice Area Overview
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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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...
Benoît Amyot, partner, has practiced law for over 20 years and has developed invaluable expertise in Indigenous affairs as well as in civil and commercial litigation. His versatility in searching for legal solutions draws from his broad experience working with clients in diverse fields. In Indigenous affairs, he accompanies many first nations in their negotiations with government authorities and on matters of economic development and governance. Both before the courts and in negotiation...
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...
David Camp has practised in the Indigenous law area for more than 40 years. He is committed to providing clients with timely, strategic and practical advice and assistance. He has worked with First Nations, resource companies, Crown corporations, developers, financial institutions, utilities, and railway and pipeline companies on environmental approvals, impact benefit agreements, treaty issues, rights of way, procurement, and relationship issues involving projects within traditional territor...
Amy Carruthers is a corporate/commercial Partner in the Vancouver office with a solid background as a transaction lawyer and extensive experience in the energy industry. She is a member of the firm’s Global Energy and Climate Group and Indigenous Law Group. Amy drafts and negotiates complex commercial contracts regarding the purchase and sale of energy, investments in and other transactions involving resource projects, as well as relationships with Indigenous communities to foster recon...
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...
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...
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 business lawyer, with a wide variety of experience in Aboriginal law and commercial real estate law. 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. He is included in the Canadian Legal Lexpert Directory, a guide to the leading law firms and practitioners in Canada, as a leading lawyer in the areas of abo...
Patrick Duffy is a partner and Co-Head of the Projects & Infrastructure Group. His practice focuses on project development that includes municipal and planning law, environmental permitting and litigation, energy regulation, and Indigenous engagement. He is highly sought after for his considerable experience with environmental assessments and other regulatory approvals in a variety of sectors, including renewable and non-renewable electricity generation, electricity transmission, mining, ...
Bryce Edwards is a partner at OKT. He provides legal and strategic advice on lands and resource matters, on-reserve infrastructure, government to government negotiations, mining, energy, and land use planning. He is class counsel on national class actions regarding infrastructure on reserve, and does work addressing the intersection of Indigenous legal orders and the Canadian regulatory state. Bryce graduated from the University of Toronto, where he was the co-founder and first Editor-in-Chie...
Gavin Fitch is an award-winning lawyer and K.C. working in environmental, regulatory, energy permitting, and Indigenous law. He’s a respected and trusted advisor who provides sound, practical advice geared towards keeping his clients out of the hearing room. When necessary, however, he is a strong and fearless advocate, whether in negotiations or in a courtroom. His clients include developers, energy producers, environmental monitoring agencies, governments and landowners. For each indi...
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...
Larry is a partner at Olthuis, Kleer, Townshend LLP practising at the intersections of Indigenous rights and environmental law. Larry has worked with First Nations on lands and resources issues for over 25 years, and has developed extensive experience in the negotiation of impacts and benefits agreements, environmental assessment, co-management measures, self-government and treaty provisions. He also represents and advises First Nations dealing with major mining, forestry and energy developme...
Robert Janes practices civil litigation in the Victoria and Vancouver offices, focusing on constitutional, aboriginal and commercial litigation Robert Janes has been a litigator for over twenty years and has extensive experience in assisting First Nations, Aboriginal people and others with difficult problems needing sound strategic and legal advice. Robert’s approach is to find practical solutions where possible, while preparing to vigorously advance his client’s interests in cour...
Saul is of Coast Salish descent and is a member of the Squamish First Nation (Skwxwú7mesh). His personal and professional experience allows Saul to be intuitive to clients’ needs, tailoring his services in order to effectively serve Indigenous communities. With his legal practice focused on developing and implementing economic development initiatives, Saul helps affirm Aboriginal and treaty rights, support sustainable environmental management, and create comprehensive policy and ...
Randall Kahgee is Senior Counsel to Olthuis Kleer Townshend LLP and specializes in Indigenous rights law, with an emphasis on community-based processes and government-to-government negotiations. Randall has worked with Indigenous governments across Canada and participated in significant agreements between Indigenous communities and provincial and federal governments on energy matters, including issues relating to the development of nuclear facilities, transmission lines, renewable energy proj...
Nick Kennedy is Counsel at OKT with a broad litigation and advisory practice. In addition to his Indigenous law work, which includes matters related to the interpretation of modern treaties and the Duty to Consult, Nick has experience in constitutional (especially the division of powers), administrative, anti-money laundering, contract, construction, energy and freedom of information law matters. Nick has appeared before all levels of court in Ontario, the Quebec Court of Appeal, the Supreme ...
Nancy Kleer is one of the founding partners of OKT. In her practice of Aboriginal rights, she represents Aboriginal clients responding to a variety of resource developments, including mineral exploration, mining, and hydroelectric development, in negotiations and litigation. She also advises on federal and provincial environmental protection and assessment law. She provides legal advice and does legal drafting on issues addressed in negotiations for comprehensive land claims, Aboriginal self-...
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, K.C. 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 inc...
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. ...
Justice Harry S. LaForme is Anishinabe and a member of the Mississaugas of the New Credit First Nation located in southern Ontario. He was born and raised mainly on his reserve where some of his family continue to reside and remain active in that First Nation's government. Justice LaForme graduated from Osgoode Hall Law School in 1977 and was called to the Ontario Bar in 1979. He articled with the law firm of Osler, Hoskin and Harcourt; joined the firm as an associate; and, after a brief time...
Lorraine Land practises Aboriginal and environmental law as a partner at OKT. She advises Aboriginal clients across Canada and particularly in the North. Lorraine provides negotiation advice and appears before Courts and tribunals on Aboriginal rights, land claims implementation, self government negotiation and implementation, consultation, impacts and benefits agreements, energy, and environmental matters. Lorraine has a Master's of Environmental Studies (with a concentration on northern Abo...
Jeff Langlois practices civil litigation and Aboriginal law in JFK’s Vancouver office, focusing on constitutional litigation, Crown consultation and environmental law. In his Aboriginal law practice, Jeff strives to support his clients’ efforts to protect and advance their Aboriginal and Treaty rights and expand First Nations’ self-determination over their lands and waters. Jeff advances his clients’ interests in a broad range of contexts, including through the courts,...
Me Jacynthe Ledoux is a member of the Quebec Bar since 2011. She is also a member of the Ontario Bar. A lawyer specializing in Indigenous law, Me Ledoux has a diverse practice that includes representing First Nations in environmental law, specific claims, energy law, natural resources, constitutional law, youth protection and human rights. Me Ledoux is passionate about complex cases involving overlapping jurisdictions. Her mastery of civil law, common law and her openness to Indigenous legal ...
Andrew practices in the areas of constitutional law, appeals, administrative law, labour and employment law, and pension litigation. He clerked for Madam Justice (now Chief Justice) Beverley McLachlin of the Supreme Court of Canada in 1989-90. Prior to joining Paliare Roland, he worked at a national law firm, and taught law at Ottawa University and Monash University in Melbourne, Australia. He has appeared in more than 20 cases before the Supreme Court of Canada, and regularly appears before ...
Senwung Luk is a partner at OKT. He has appeared in different levels of court and tribunals, including the Supreme Court of Canada and various courts of appeal, representing Indigenous clients fighting for their rights. He focuses on the protection of sacred spaces and cultural sites, in asserting treaty rights, in on-reserve service delivery, and in the duty to consult and accommodate Indigenous communities. He has published a number of peer-reviewed articles on the Crown's fiduciary obligat...
Sara Mainville has been a member of the Ontario bar (2005) and she is a member of the BC bar (2022) with specific matter approvals to practice in Nunavut and Quebec. Sara has a Management/Public Administration degree (Lethbridge) and a Bachelor of Laws from Queen’s University. She has a LLM from the University of Toronto and an Advanced Negotiations certificate from Harvard University, and a Certificate in Entertainment Law (Osgoode PD). During her early practice years with a well-known...
Michael Manhas is a litigation, administrative law, and regulatory lawyer. He focuses on matters relating to the environment, energy, natural resources, economic regulation, and Indigenous law. Michael regularly represents clients before courts in British Columbia and Alberta, and has extensive experience in administrative proceedings before tribunals, including the British Columbia and Alberta Utilities Commissions, the Environmental Appeal Board, the National Energy Board, the Forest Appeal...
Frank Mariage practises in the areas of securities, corporate law and mining law. Over the course of his career, he has developed legal expertise on mining issues. Frank represents mining companies and guides them during the discovery, sale, and processing of mineral deposits, in Canada and elsewhere. He specializes in the legal issues and challenges faced by mining companies.
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