Overview
In the ever-changing and evolving area of Indigenous law, clients need solid, practical advice to help them navigate the legal and regulatory challenges that inevitably arise. As a leader in the field, Lawson Lundell’s Indigenous Law Group provides support to clients in all areas of Indigenous law and in all regions of Canada.
The Indigenous Law Group is one of the largest and most experienced in western and northern Canada. Members in Vancouver, Calgary and Yellowknife provide legal advice to a wide variety of private and public sector clients, including clients involved in energy (hydroelectric power generation, conventional oil and gas and oil sands producers), pulp and paper, forest harvesting, mining, aquaculture, transportation (railways, public transit, marine transportation and port facilities) and real estate development. We also provide advice on commercial matters to Indigenous organizations and development corporations, particularly in northern Canada.
Defending Clients’ Interests
We have represented resource-sector clients in the defence of challenges brought by Indigenous groups before regulatory tribunals and courts at all levels, including decisions by the Supreme Court of Canada. We continue today to represent clients in precedent-setting Indigenous rights litigation and other Indigenous law matters before the courts and regulatory tribunals. We work with resource sector clients to defend their interests in disputes between Indigenous communities and governments related to the Crown’s duty to consult.
Facilitating Agreements and Approvals
Our clients generally prefer that their projects and operations not be the basis for precedent-setting litigation. Some of our more significant recent successes have avoided that. We have assisted our clients behind the scenes in developing strategic approaches to alternative dispute resolution and consultations with Indigenous groups, and negotiation of agreements and other arrangements aimed at accommodating the groups’ concerns and interests. The result has been that Indigenous issues have not been determining factors in project approval processes for recent large resource development projects. We work with our clients to help them build collaborative relationships with Indigenous communities, to facilitate project approval processes, successful project construction and operations, and sustainable joint business ventures.
Our group members understand our clients’ industries and their business objectives. We ensure that our advice on Indigenous matters is tailored to helping our clients achieve their business objectives.
Areas of Indigenous Law Advice
We assist clients with issues such as:
- Indigenous consultation requirements and strategies for project approval and regulatory processes
- Structuring and negotiation of impact benefit agreements, participation agreements, cooperation protocols and other arrangements with Indigenous groups
- Defending project tenures and approvals from legal challenges related to Indigenous and treaty rights, including adequacy of consultation and the Crown’s duty to consult
- Joint ventures and other cooperative business arrangements with Indigenous groups
- Issues arising under the Indian Act and Regulations, the Indian Oil and Gas Act and Regulations, the First Nations Land Management Act, the First Nations Fiscal and Statistical Management Act, the First Nations Commercial and Industrial Development Act, the Alberta Métis Settlements Act and other related legislation, including negotiation of leases, easements, permits and other interests in Indian reserve lands and Métis settlement lands
- Property taxation by First Nations
- Land claims and self government negotiations, and implementation and interpretation of treaties
- Indigenous issues specific to forestry, aquaculture, mining and utilities, and accommodation of Indigenous interests in resource development planning processes
We represent clients in the following areas:
- Negotiations with Indigenous groups and federal, provincial and municipal regulatory authorities respecting major project approvals and the issuance of tenures, licences, authorizations and environmental permits
- Appeals and judicial review of administrative decisions, including applications by Indigenous groups to challenge project approval or permits under federal and provincial statutes and regulations
- Civil litigation including Indigenous rights-based and nuisance-based damage claims and applications for injunctions and other relief
We also provide advice to Indigenous organizations on a range of commercial matters, from labour and employment issues to taxation and structuring of Indigenous business organizations, development corporations, trusts and negotiation and creation of joint venture vehicles for commercial ventures with industry.
Key Contacts
- t 604.631.9119t 403.218.7538
- t 403.781.9472