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.