INDIGENOUS ABORIGINAL LAW FIRM LAWYERS ONTARIO, QUEBEC, BRITISH COLUMBIA, MANITOBA, ALBERTA, SASKATCHEWAN, NOVA SCOTIA, NEW BRUNSWICK, NEWFOUNDLAND & LABRADOR, NUNAVUT, YUKON, NORTHWEST TERRITORIES, CANADA: RIGHTS, TREATY, TITLE; SECTION 35 CONSTITUTION ACT 1982; COMPREHENSIVE LAND CLAIMS, SPECIFIC CLAIMS, SPECIAL CLAIMS; GOVERNANCE, SELF-GOVERNMENT; INDIAN ACT, BAND COUNCIL, BY-LAWS, ELECTIONS; CONSULTATIONS, NEGOTIATIONS, LITIGATION
We Create Indigenous & Aboriginal Law Solutions
We serve as lawyers to Indigenous Peoples, First Nations, Indian Act Bands, Chiefs and Councils, Settlement Trusts, Indigenous organizations, signatories to and beneficiaries of historic and modern Treaties, individuals, and businesses on a wide spectrum of Indigenous, Aboriginal, constitutional, environmental and business law matters throughout Canada. We employ our decades of experience, knowledge of federal, provincial & territorial Crown policies, practices and legislation, plus the latest court jurisprudence, to craft a combination of advice, negotiations and litigation that advances our clients’ interests including their resolution of disputes and securing of appropriate recognition.
We've litigated Indigenous rights and treaty issues as high as the Supreme Court of Canada, negotiated Comprehensive and Specific Claims from coast to coast, advised on additions to reserves and the statutory interpretation of the Indian Act, and facilitated self-government through Indigenous constitutional development and drafting.
Depth of Firm’s Indigenous & Aboriginal Legal Experience
The firm’s Indigenous and Aboriginal law practice leader Gordon S. Campbell has:
worked in legal and negotiations capacities with Mi’kmaq, Maliseet, Innu, Inuit, Mohawk, Algonquin, Ojibwe, Cree, Dene, Gitxsan, Wuikinuxv, Haida, Hulqiminum, and Coast Salish peoples;
conducted hundreds of civil and criminal court trials, administrative hearings, judicial reviews and appeals before the Supreme Court of Canada, Federal Court of Appeal, Federal Court, Tax Court of Canada, and provincial appellate, superior and lower courts in both French and English in Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland & Labrador, and Nunavut;
served as lead negotiator on numerous title, treaty and rights Comprehensive and Specific Claims in Ontario, Manitoba, British Columbia and Nova Scotia;
helped establish the Specific Claims Tribunal Canada;
assisted with Indigenous governance issues in Ontario, British Columbia and Nova Scotia;
dealt with private forestry, mining, fisheries and energy production industries;
been a member of the Law Society of British Columbia and Nova Scotia Barrister’s Society in addition to holding his current membership in the Law Society of Ontario and Barreau du Québec special practice permit;
authored several Carswell, Les Éditions Yvon Blais and LexisNexis law books and academic articles;
earned civil law (B.C.L) and common law (L.L.B.) degrees from the McGill University Faculty of Law and served with: the Constitutional Law Division of the Ontario Ministry of the Attorney General; the Ontario and Atlantic Regional Offices of the Department of Justice Canada; the Federal Treaty Negotiation Office (Vancouver) and Comprehensive Claims & Specific Claims Branches (Gatineau) of Indigenous & Northern Affairs Canada.
He is assisted by other experienced lawyers and law clerks of the firm. For its Indigenous and Aboriginal law practice, Aubry Campbell MacLean is affiliated with the firm of Richards Carney SENC of Montreal, Quebec.
The firm also operates as Campbell Richards Carney Lawyers Avocats (www.crclaw.ca) to offer litigation and negotiations support, opinions, advice and education in Indigenous and Aboriginal law.
Wide-Ranging Geographic Scope of Firm’s Indigenous & Aboriginal Law Practice
Although based in Ontario, the firm possesses extensive experience helping clients across Canada with Indigenous, Aboriginal, constitutional and environmental law issues, especially in:
Northern and North-Western Ontario;
Southern Ontario;
British Columbia;
Quebec;
Manitoba;
Nova Scotia;
New Brunswick;
Newfoundland & Labrador.
In order to provide all of our clients with good value regardless of where their territory might be located, the firm minimizes or eliminates travel time and disbursements costs for in-person meetings or court appearances, and employs advanced remote communications technology that is usable by those with less than ideal Internet connections in order to foster close responsive client contact at a distance, while still ensuring availability for in-person meetings.
Firm’s Central Location & Proximity to Federal & Provincial Crowns
When nothing short of face to face contact will suffice, it’s important to know that the firm is geographically located close to the headquarters of most federal ministries like Crown-Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada, the Department of Justice, Privy Council Office, Treasury Board and Department of Finance, all of whom the firm has extensive experience dealing with. The firm is likewise located close to the main registries of the Federal Court, Federal Court of Appeal, and Supreme Court of Canada.
The firm is a day trip away from Ontario’s Ministry of Indigenous Affairs, and the Ontario Regional offices of Crown-Indigenous Relations and Northern Affairs and Indigenous Services Canada which it likewise knows well. Although further afield, the firm also has extensive experience dealing with British Columbia’s Ministry of Indigenous Relations and Reconciliation in Victoria, Nova Scotia’s Office of Aboriginal Affairs in Halifax, the Atlantic Regional Offices of Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada in Amhurst, as well as with their Manitoba Regional Offices in Winnipeg and British Columbia Regional Offices in Vancouver.
Broad Indigenous & Aboriginal Law Subject Matter Scope of Firm’s Practice
The firm is equally comfortable in court, at the negotiations table, providing advice, or drafting and consulting on legal documents with clients. Examples of the type of Indigenous and Aboriginal law work the firm assists clients with includes:
CLAIMS & NEGOTIATIONS
Government of Canada Claims: Assessment, filing, negotiation and settlement of Comprehensive Claims, Specific Claims, Special Claims and Self-Government Claims.
Provincial & Municipal Government Claims: Assertions of rights and negotiation of agreements concerning provincial and municipal government regulations, including land use planning, resource harvesting and economic development.
Private Industry Claims: Assertions of rights and negotiations of agreements concerning activities of private businesses and Crown corporations.
Litigation: Advocacy & representation in civil, criminal and administrative litigation in Provincial, Territorial, Superior and Federal trial & appellate courts and tribunals up to the Supreme Court of Canada, including researching, drafting &responding to Notices of Application, Statements of Claim, discoveries, disclosure, and conducting trials and appeals; settlement of outstanding litigation through negotiation.
Settlement Agreements & Implementation: Drafting and implementation of settlement agreements, trust agreements, and ratification procedures.
RIGHTS
Section 35 Constitution Act, 1982 Rights: Advice on the scope of Indigenous rights, treaty rights and title as confirmed in s. 35 of the Constitution Act, 1982, including rights related to land, resource harvesting, language, culture and mobility.
Section 15 and 25 Canadian Charter of Rights and Freedoms Rights: Advice on rights to equality and under the Royal Proclamation of 1763 and Land Claims Agreements.
Consultation & Accommodation: Advice on consultation & accommodation rights and obligations, and negotiation of impact-benefits agreements, including rights to forestry, fishing, mining, oil and gas, energy, transportation corridor and industrial development.
Status & Membership: Advice on Indian Act status rights and band membership rights.
Métis and Inuit: Advice other Indigenous rights.
Family Law: Advice on matrimonial on-reserve property & child custody, and rights of non-members to reside on reserve.
Education & Child Welfare: Advice and drafting of policies, procedures & funding agreements.
Housing & Property: Advice on property rights on reserve, including rights to construct or occupying housing.
GOVERNANCE
Indian Act: Advice and negotiation on all aspects of the Indian Act, including Additions to Reserves (ATR), Indian Status, Band Membership, Certificates of Possession as well as First Nation asset, land and resource management.
Resolutions, By-Laws & Voting: Advice, facilitation and legal instrument drafting related to Band governance, including Council Resolutions, By-Laws, Elections, and Referenda votes.
Constitutions and Codes: Development, drafting and implementation of First Nation Constitutions, Membership Codes, and Election Codes
Employment & Privacy: Advice and agreements concerning terms of employment, hiring and termination of employees, privacy & access to information for community records.
Policing & Justice: Advice, agreement drafting & implementation of First Nation police services and justice systems.
Intellectual Property & Traditional Knowledge Protection: Advice, assertion of rights, and licencing agreements for intellectual property and traditional knowledge.
Commercial Transactions & Economic Development: Joint Ventures, Purchases & Sale Agreements, Partnerships, Incorporations and Not-For-Profit Status
TAX & ENVIRONMENT
Taxation: Advice & dispute resolution on all aspects of taxation and customs/trade law affecting Indigenous peoples under the Income Tax Act, Excise Tax Act, Excise Act, Customs Act and provincial legislation, including objections and appeals, responding to audits and requirements, and representation before the Tax Court, Canadian International Trade Tribunal, and Federal Court.
Tax exemptions, taxation by-laws and joint venture structures to maximize tax efficiency.
Environment: Advice on environmental and natural resource management and protection, energy (wind, solar, hydro-electric, transmissions lines), forestry, fisheries, agriculture and aquaculture harvesting & development.
Participation in environmental assessments & project approvals, and Land use Planning.
Judicial Reviews of government decision making concerning environmental approvals.