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aboriginal and first nations
Providing strategic advice and support in relation to matters involving aboriginal law requires discrete expertise and informed communication capabilities. As aboriginals, governments, and corporations continue to develop and explore economic and environmental opportunities, understanding the relevant legal and cultural landscape has become crucial.
The lawyers in our Aboriginal Law Group have provided advice to government, its agents, aboriginal groups, municipalities, educational institutions, and companies in the mining, forestry, energy, real estate and construction industries. Our lawyers have argued matters at all levels of court, including the Supreme Court of Canada.
We have presented amicus briefs and represented our clients in matters involving impugned consultation processes and land claims. We have also negotiated impact benefit agreements, resolved conflicts respecting the "discovery" and management of aboriginal remains, and facilitated the development of strong relationships and partnerships amongst industry players through effective, practical advice and respectful engagement.
One of our group members has been recognized as a leading aboriginal law practitioner and one of the best aboriginal law lawyers in Canada. Another of our members has served as Legal Advisor to the Congress of Aboriginal Peoples and was a member of the Legal Sub-committee to the Aboriginal Working Group in relation to federal environmental legislation relating to Species at Risk issues.
Our Aboriginal Law Group is supported by and provides support to other practice areas in the firm including mining, energy, environmental, natural resources, transportation, real estate, projects, construction, and litigation and dispute resolution.
Representative Transactions/Cases
- Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
- Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
- Provided strategic advice in relation to a major financing of a commercial mining venture with significant aboriginal consultation and accommodation and land claims issues.
reported cases
- Attorney General of Canada v. Rose Lameman, Francis Saulteaux, Nora Alook, Samuel Waskewitch, and Elsie Gladue on their own behalf and on behalf of all descendants of the Papaschase Indian Band No. 136, Her Majesty the Queen in Right of Alberta (SCC File No. 31871)
- aboriginal people and limitation of actions
- Kapp [2008] s. 15(2) Charter validity of commercial fishing license privileges to Aboriginal people in pilot program on Fraser River
- Weyerhaeuser [2004] duty to consult Haida Nation by a private company under a Crown forestry license
Publications / Presentations
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Robin M. Junger
778.329.7523
Jason J. Annibale
416.865.7912
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