Find Lawyers in Vancouver, British Columbia 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.
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...
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,...
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...
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...
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 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...
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...
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 ...
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,...
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,...
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...
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 ...
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...
Zach is a lawyer in Fasken’s Vancouver office where he assists clients primarily with commercial transactions, project development and matters involving Indigenous communities. As a member of the firm’s Global Energy Group, Global Mining Group and Indigenous Law Group, Zach assists clients with acquisitions and divestitures of energy and resource assets. A significant portion of Zach’s practice is Aboriginal law, including advice on consultation, treaty issues, on-reserve de...
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...
Paul C. Wilson is Chair of the firm’s Energy group. His practice focuses on energy, infrastructure, and natural resources, with an emphasis on environmental and Aboriginal matters. Paul drafts and negotiates project contracts, concession agreements, and environmental assessments. He also assists with project development and financing. Paul is recognized for exceptional expertise in facilitating joint ventures, exploration, and accommodation agreements. Having contributed to the successf...
Jean is a Shareholder practicing primarily in the area of Indigenous Law, with a special emphasis on First Nations economic development. She is ranked as a leading Canadian Indigenous Law lawyer by LEXPERT and has extensive experience in advising on land issues and development projects in respect of reserve land. She has assisted both First Nations and developers in structuring partnerships and other business arrangements to pursue commercial and residential developments on reserve land, and ...
Sarah Martin is an environmental lawyer in Fasken’s Vancouver office. Sarah works with clients on a wide range of mining, energy and infrastructure matters, with an emphasis on commercial transactions, procurement and regulatory issues. Sarah’s practice includes advising owners regarding procurement processes and related contracts on many types of projects, including large-scale public infrastructure, small and medium-scale private construction, and mines. Sarah also assists with ...
Sabrina Spencer practices in the areas of Environmental, Climate and Indigenous law with a focus on advancing reconciliation and addressing climate change. She has experience helping clients in a broad range of sectors to navigate the constantly evolving regulatory landscape in BC and across Canada.
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