Find Lawyers in Toronto, Ontario 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.
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...
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...
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...
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...
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...
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-...
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...
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...
John A. Olthuis is one of the founding partners of OKT. His practice includes litigation, comprehensive and specific land rights, self-government, and impacts and benefits agreements. John was on the legal team of the Assembly of First Nations in negotiations with Canada and the provinces lending to the inclusion of "Section 35" in Canada’s repatriated Constitution in 1982. John was legal counsel to Chiefs of Ontario and table negotiator at the Aboriginal Government table for the Assemb...
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...
Renée Pelletier is a partner at OKT. Renée is of Maliseet ancestry. Her practice includes work on Aboriginal, treaty rights litigation and specific claims. She has litigated judicial review applications and appeared before various levels of courts on motions, trials and appeals. Renée was cited by the Supreme Court of Canada in the high-profile case R. v. Ipeelee , 2012 SCC 13. Renée regularly advises and represents her Indigenous clients on consultation matters, r...
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...
Judith Rae is a Partner at OKT committed to advancing Indigenous peoples’ goals. Her focus areas include governance, child welfare, health and education. She has also worked on protecting Indigenous lands and resources, developing Indigenous laws, constitutional and human rights, and a number of other strategic, negotiation & litigation matters. In addition to her legal background, Judith also has a Masters in Social Work and experience working with youth at risk. She offers inter-d...
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...
Roger Townshend, a founding partner of OKT, is now a senior counsel to the firm. He practices Aboriginal , Constitutional, human rights , and administrative law, with particular stress on land claims litigation. He has a B.Sc (Hons.) in Mathematics. He has appeared in Court and advised on numerous cases relating to Aboriginal law claims including claims related to Aboriginal title and other Aboriginal rights and treaty rights, and duty to consult and accommodate cases. His court work has also...
Maggie Wente (BA, LLB, MSW) is a partner at Olthuis Kleer Townshend LLP. She is a member of Serpent River First Nation and was born and raised in Toronto. Recently Maggie focuses much of her practice on advocating for equality for Indigenous children and individuals in child welfare systems and the exercise of inherent jurisdiction over child well-being. She does this in litigation and in negotiation about child welfare funding, program delivery and First Nations law-making. Maggie also advis...
Darian Baskatawang is an Associate at OKT and Class Counsel for the First Nations Drinking Water Class Action settlement agreement. He is a two-spirit Anishinaabe man of the Loon clan in Whitesand First Nation. Darian grew up on a small reserve in northern Ontario, surrounded by the wisdom and care of cousins, aunties, uncles, grandmas and grandpas. He was mentored by his community’s advocates and attended meetings on behalf of Whitesand from an early age, first starting at the age of 1...
Sinéad is an Associate at OKT committed to working with First Nations to realize their visions of family and community well-being. Her focus areas are Indigenous governance, child welfare, negotiation, and litigation. The best part of her job is meeting with First Nations in their territories. In the child and family sphere, she works with First Nations to support the exercise of inherent jurisdiction, uphold and strengthen Indigenous laws, and defend and assert their rights in court. ...
Jessie Stirling (Wa’ya T’so-la) is an associate at OKT. She is Kwakw a k a ’wakw and a member of the Wei Wai Kum First Nation located in Campbell River, British Columbia. She holds a Juris Doctor (JD) and Certificate in Aboriginal Legal Studies from the University of Toronto Faculty of Law and is a member of the Ontario bar. Jessie's practice areas include child welfare, negotiation, and litigation. In the child welfare space, Jessie is honoured to work with First Nations to...
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