Aboriginal Law

Our knowledgeable and seasoned team has the depth of experience needed to help our clients navigate this important and complex area of law.

We have worked with proponents and regulators involved in a variety of projects which have given rise to various matters concerning First Nation communities. We strive to facilitate effective engagement with stakeholders to establish productive relationships that will lead to successful projects and developments.

Members of our firm have also worked closely with consultation teams to assist in the preparation of Impact Benefit Agreements and responding to First Nation concerns through the regulatory process.

Examples of active and recent files:

Power Generation and Transmission

• Our team worked closely with a major power generator and legal counsel for the Band in addressing access issues and impacts arising from new approval applications.
• We were engaged as counsel on a major power plant application before the Alberta Utilities Commission in addressing the intervention of a Metis group and a First Nation on traditional land use issues. Through the regulatory process, we achieved a positive outcome for the client and ruling from the Commission that addressed the concerns by the Metis group and First Nation.
• We represented a transmission facility owner in protracted litigation with a First Nation regarding the upgrade of a transmission line across a Reserve.

Mining Projects

• We acted as project counsel for a Coal Producer on a thermal coal project. This involved extensive work with the Aboriginal Consultation team, addressing the concerns of a number of Southern Alberta First Nation groups.
• We were engaged as legal counsel for another Coal Producer in dealing with several First Nations as a result of the tailings pond breach and impacts to a major watercourse. Alongside corporate representatives, we attended with corporate representatives to meetings with Chief and Council and negotiated mitigation agreements.
• Our team acted for a proponent in managing pit expansions involving several First Nations in Northwestern Alberta. We effectively negotiated consultation agreements and community support agreements and achieved withdrawal of Statements of Concern.
• We acted as legal Counsel on a coal project, dealing with numerous legal counsel and negotiating consultation agreements.
• Our team is currently acting as counsel for a mine operator in opposing Statements of Concerns filed by three First Nation groups in response to applications to amend the mine plan before the Alberta Energy Regulator.

Hydroelectric, Mining and Transportation

• We represented the joint federal-provincial environmental assessment review panel on the Lower Churchill Hydro project. We assisted the client in responding to a judicial review application brought by an Indigenous group based on inadequate consultation.
• Our team represented the federal environmental assessment review panel on the Prosperity mine project, which involved assessment of impacts on the rights of First Nations in central B.C.
• We represented the federal environmental assessment review on the Roberts Bank Terminal 2 Project in Tsawwassen, B.C., which assessed project impacts on numerous First Nations.
• We are currently representing the joint federal-provincial environmental assessment review panel on the Marathon Palladium Mine project in Northern Ontario, which is assessing project impacts on several First Nations.

Treaty Negotiations

• We act as Chief Negotiator for Canada on several modern treaty negotiations in B.C. and Yukon.

Springbank Reservoir Project

• We were engaged as legal counsel for Alberta Transportation on the Springbank Reservoir Project. We assisted the client in obtaining project approvals, including from the Natural Resources Conservation Board. Our work involved significant negotiations with First Nation groups, the Aboriginal Consultation Office, a federal review by the Impact Assessment Agency of Canada and an extensive regulatory hearing.

Turn to us for practical advice at any stage. We are always ready to help.