Indigenous law in Canada

Ratcliff LLP

Vancouver-based Indigenous law boutique Ratcliff LLP is routinely instructed by First Nation groups in British Columbia, the Yukon and other Canadian provinces. Matters concerning Indigenous rights, the duty to consult, and land use, natural resources, and environmental disputes are core areas of focus for the group. Practice head Kate Blomfield is well-versed in advising Self-Governing Yukon First Nations on treaty and self-government agreement interpretation. Litigator Lisa Glowacki is an additional key contact. Ex-practice co-head Maegen Giltrow KC was appointed to the judiciary of the Supreme Court of British Columbia in February 2024.

Responsables de la pratique:

Kate Blomfield


Autres avocats clés:

Lisa Glowacki


Principaux clients

Huu-ay-aht First Nations


Blueberry River First Nations


Stella‘ten First Nation


The First Nations of the Maa-nulth Treaty Society


Lax Kw’alaams First Nation


Esquimalt Nation


Little Salmon Carmacks First Nation


Ehattesaht First Nation


First Nation of Na-cho Nyak Dun


Bridge River Management LP (Xwísten aka Bridge River Indian Band)


Principaux dossiers


  • Acted for the First Nations of the Maa-nulth Treaty Society as interveners before the Supreme Court of Canada, which affirmed that Indigenous peoples have an inherent right of self-government.
  • Advised Blueberry River First Nations in a Treaty Land Entitlement claim that sought compensation for the Government of Canada’s failure to provide the amount of reserve land promised under Treaty 8.
  • Provided counsel to the Maa-nulth First Nations, Esquimalt Nation, Sc’ianew First Nation and Pauquachin First Nation with two competing port projects.

Blake, Cassels & Graydon LLP

The expertise of the practice group at Blake, Cassels & Graydon LLP takes in litigation, M&A transactions, project and real estate financing and tax work. The team is regularly called upon by natural resources players, developers of pipelines, LNG and energy projects and consumer goods companies operating in First Nation territories, as well as First Nations governing bodies and First Nation-owned businesses. Vancouver-based Roy Millen and Sam Adkins share leadership of the department. Millen specializes in Indigenous rights, commercial litigation and international trade matters. Adkins, for his part, routinely assists natural resource-sector clients with Indigenous consultation, negotiation and regulatory matters. Also noted are Calgary-based Terri-Lee Oleniuk (regulatory, environmental and Indigenous law issues); and Vancouver-based Rochelle Collette, who is the key associate-level contact.

Responsables de la pratique:

Roy Millen; Sam Adkins


Autres avocats clés:

Terri-Lee Oleniuk; Rochelle Collette


Principaux clients

NexGen Energy


Seabridge Gold


BC Treaty Commission


Fission Uranium


Teck Resources


CB Powerline


Conuma Resources


Denison Mines


Ashcroft Terminal


Burgundy Diamond Mines


Principaux dossiers


  • Acted for NexGen Energy in its Rook I uranium project in northern Saskatchewan.
  • Acted for Teck Resources in Indigenous negotiations and litigation regarding one of its open-pit mines.
  • Acted for Seabridge Gold in its engagement with five Indigenous groups as part of the environmental assessment and permitting processes for a proposed gold-copper mine.

Fasken

The ‘strategic’ team at Fasken is routinely instructed by clients in the energy, oil-and-gas, mining, forestry, real estate, transportation and aquaculture sectors for its expertise in M&A, securities and tax transactions, as well as litigation involving Indigenous issues. The practice is directed by Vancouver-based Kevin O’Callaghan, who specializes in litigation, Indigenous consultation and regulatory mandates, and environmental assessments. Additional names to note include Quebec City-based associate counsel Pierre-Christian Labeau, who majors on legal and policy issues relating to mining, forestry and energy development, including the duty to consult; and Calgary-based Brenden Hunter (energy regulatory, Indigenous and environmental matters). ‘Collaborative, solutions-oriented’ Kai Alderson, who is based in Vancouver, focuses on corporate transactions and joint venture agreements, as well as on project development mandates. The practice was strengthened with the January 2024 arrival of former Justice Minster of Canada Hon. David Lametti KC.

Responsables de la pratique:

Kevin O’Callaghan


Autres avocats clés:

Kai Alderson


Les références

‘Very strategic in approach and level of guidance/advice.’

‘Kai Alderson takes a very collaborative, solutions-oriented approach which is valued by clients as well as Indigenous groups that may sit across from him at the table. I’ve worked with Kai for years and he has been exceptional in delivering results and negotiating agreements that deliver long-term value for all parties.’

Principaux clients

Coastal Gaslink Pipeline Limited


Cermaq Canada


Association for Mineral Exploration British Columbia


British Columbia Hydro and Power Authority


Cindy Dickson


NorthRiver Midstream


Galaxy Lithium (Canada)


Government of Quebec


Hydro One Networks


Fireweed Metals


Principaux dossiers


  • Acted as lead counsel to Hydro One Networks in relation to the implementation of its 50-50 equity ownership model with First Nations on new transmission line projects with a value exceeding $100m.
  • Represented NorthRiver Midstream in defending an application for a new condensate and natural gas liquids (NGL) pipeline system which is regulated by the Canada Energy Regulator (CER).
  • Assisted Coastal Gaslink Pipeline Limited with a natural gas pipeline proposal to transport natural gas from northeast British Columbia to proposed LNG facilities on the northwest coast of British Columbia.

Gowling WLG

Gowling WLG's practice group specializes in advising First Nations, Métis and Inuit governments on self-government agreements, resource development projects, tax matters, environmental assessments and mining resource agreements. The team has additional experience in litigation. Practice lead Paul Seaman splits his time between the firm’s Toronto and Vancouver offices and majors on assisting Indigenous clients with high-profile resource development projects, including those involving mining, oil & gas pipelines, LNG, forestry and electricity generation.

Responsables de la pratique:

Paul Seaman


Principaux clients

Nunatsiavut Government


Lax Kw’alaams and Metlakatla First Nation


Carrier Sekani First Nations Society


Gwich’in Tribal Council


Sumas First Nation


Taku River Tlingit First Nation


CGL First Nations Limited Partnership


Ross River Dena Council


First Nations Energy and Mining Council


Nuxalk Nation


Canada Mortgage and Housing Corporation


Kitikmeot Regional Wildlife Board


Mohawk Council of Akwesasne


Akausivik Inuit Family Health Team


Government of Nunavut


Metis Settlements General Council


Borden Ladner Gervais LLP

Borden Ladner Gervais LLP's practice group assists Indigenous governments, governmental agencies and private companies with environmental assessments, procurement matters, the financing of projects on Indigenous lands and litigation. The national department is directed by Toronto-based Cherie Brant, who specializes in energy and transmission, land development on First Nations lands and infrastructure and construction mandates. Also noted are Vancouver-based counsel Chris Roine, who frequently assists First Nations organizations with a range of partnerships, commercial arrangements and governance matters; and Montreal-based Nadir André, who handles land claims’ negotiations, litigation and natural resources development matters involving Aboriginal communities and businesses.

Responsables de la pratique:

Cherie Brant


Autres avocats clés:

Chris Roine; Nadir André


Principaux clients

Major Forest Company in British Columbia


Mettalurgical Coal Company in BC


BC Ferries Corporation


Marcel Colomb First Nation


First Nation Power Authority of Saskatchewan


Noozhoo Nokiiyan


NorthStar Gaming Holdings


Thessalon First Nation


Project Aspen Consortium Committee


RPM Indigenous Group


Nipissing First Nation


M’Chigeeng First Nation


Whitefish River First Nation


Cassels Brock & Blackwell LLP

Cassels Brock & Blackwell LLP's practice group frequently assists federal, provincial, territorial and Indigenous governments, as well as corporate clients, with the financing and development of infrastructure and energy projects on Indigenous lands. Core areas of practice for the team include consultation matters, negotiating and drafting agreements, consultation protocols, access agreements and treaty land entitlement agreements. Vancouver-based Thomas Isaac directs the national department and specializes in Indigenous-related regulatory, environmental assessment and constitutional matters. Also noted are Toronto-based Sandra Gogal (environmental law and mining, renewables, forestry and oil-and-gas regulatory matters); Calgary-based Jeremy Barretto (regulatory and environmental work); and Vancouver-based Emilie Lahaie (Indigenous matters and litigation).

Responsables de la pratique:

Thomas Isaac


Autres avocats clés:

Sandra Gogal; Jeremy Barretto; Emilie Lahaie


Principaux clients

Metro Vancouver / Greater Vancouver Regional District


Métis Nation – Saskatchewan Secretariat


Métis National Council


Minister of Crown-Indigenous Relations and Northern Affairs


Trans Mountain Corporation


Lawson Lundell LLP

Lawson Lundell LLP‘s practice group regularly handles energy and infrastructure development projects, including mining projects, oil sands projects, transportation and shipping infrastructure projects and LNG projects on behalf of governmental and Indigenous organizations. Vancouver-based Keith Bergner, who co-leads the department, specializes in Indigenous, energy and power and regulatory mandates across western and northern Canada. Alongside him, Calgary-based John Olynyk majors on advising oil sands developers, oil-and-gas companies and mining companies on environmental regulatory matters and Indigenous consultation issues. Corporate and commercial specialist Lana Shipley and litigator Brad Armstrong KC, both of whom are based in Vancouver, are additional key contacts.

Responsables de la pratique:

Keith Bergner; John Olynyk


Autres avocats clés:

Lana Shipley; Brad Armstrong KC


Principaux clients

Ministry of the Attorney General (British Columbia)


Government of Alberta – Ministry of Indigenous Relations


Grieg Seafood BC


Canadian Energy Regulator


BC Hydro and Power Authority


Western LNG


KGHM International


Pine Point Mining


Canadian Natural Resources


Canada Pacific Railway


Baffinland Iron Mines


Agnico Eagle Mines


McCarthy Tétrault

McCarthy Tétrault‘s practice group handles a range of Indigenous law-related mandates, including litigation, the duty to consult, Aboriginal and treaty rights, risk management, the assessment of right assertions, matters arising from the Indian Act and the financing of Indigenous-owned projects. Bryn Gray KC co-leads the national department and specializes in working for project developers and governments on Aboriginal legal and policy issues across Canada. Alongside him, Daniel Bornstein focuses on project development and transactions in the mining space, as well as M&A, joint ventures and environmental law. All individuals mentioned are based at the firm’s Toronto office.

Responsables de la pratique:

Bryn Gray KC; Dan Bornstein


Principaux clients

Vale Canada


Enbridge Pipelines


Foran Mining


Ministry of the Attorney General of Ontario


Treaty 1 First Nations


Assembly of Manitoba Chiefs


J.D. Irving


Bruce Power


Metrolinx


Hydro One


St. Theresa Point First Nation and Sandy Lake First Nation


Wei Wai Kum First Nation


Bennett Jones LLP

Bennett Jones LLP‘s practice group frequently assists corporate clients with the negotiation of agreements with Indigenous groups relating to communications, benefits sharing and joint economic ventures, as well as handling related disputes. In addition, the team advises Indigenous groups on land and resource development policies, wealth management and internal governance mandates. Vancouver-based David Bursey and Sharon Singh specialize in regulatory, environmental, governance and infrastructure work and share leadership of the department. Also in Vancouver, environmental practice co-head Radha Curpen is noted for her work in the Indigenous law space.

Responsables de la pratique:

David Bursey; Gursharan Singh


Autres avocats clés:

Radha Curpen


Principaux clients

ATCO


Global Container Terminals


Kissner Group


Brookfield Renewable Partners


All Nations Cannabis


Mining Associations (Mining Association of British Columbia and Association of Mineral Exploration)


Canadian Pacific Railway Company


Transportation Investment Corporation


Inuvialuit Petroleum Corporation (IPC) and the Inuvialuit Energy Security Project (IESPL)


Osoyoos Indian Band


Osisko Development


Principaux dossiers


  • Assisted ATCO with corporate, tax, Indigenous co-ownership and other commercial arrangements with Denendeh Investments Incorporated.

Dentons

Dentons' practice group handles a range of advisory and contentious Indigenous law mandates, including representing industry clients in litigation; advising on land claims and treaty rights, as well as the implications of the governments’ duty to consult and accommodate; and the negotiation and drafting of commercial agreements on behalf of industry clients with Aboriginal groups. Calgary-based Bernard Roth (administrative and energy matters) and Laura Estep (energy and regulatory matters, land acquisitions) share leadership of the department.

Responsables de la pratique:

Bernard Roth; Laura Estep


Principaux clients

Enbridge


Enbridge Pipelines


PETRONAS Canada


Syncrude Canada


Hydro-Québec


Teal Jones Group


Canada China Business Council


Cenovus


Principaux dossiers


  • Retained by Cenovus in Alberta Energy Regulator (AER) Proceeding 379, which involves the considering of applications by Westbrick Energy and Saturn Oil and Gas to drill and hydraulically fracture wells in proximity to the Brazeau Dam.
  • Represented Hydro-Québec in four litigation matters brought by the Innu of Uashat and of Mani-Utenam in relation to their assertion of Aboriginal title and rights on lands affected by hydroelectric projects of Hydro-Québec.
  • Advised Teal Jones Group on the nature and extent of the client’s delegated consultation obligations and how to effectively negotiate with First Nation communities.

Torys

The expertise of the practice group at Torys takes in M&A transactions and energy and infrastructure projects, involving Indigenous communities, as well as related litigation. The team is regularly instructed by Indigenous communities, governments and companies alike. Toronto-based Valerie Helbronner and John Terry share leadership of the department. Helbronner specializes in the development of infrastructure projects involving Indigenous interests and parties. Terry focuses his practice on litigation for public law cases involving Indigenous issues, constitutional and treaty rights. Former Supreme Court Justice and senior counsel Frank Iacobucci KC is an additional key contact. Associate Brianne Paulin left the firm in October 2023.

Responsables de la pratique:

Valerie Helbronner; John Terry


Autres avocats clés:

Alex Bogach; Frank Iacobucci KC


Les références

‘Incredible bench strength and an uncommon technical and practical understanding of the implications of Indigenous law to Canadian proponents.’

‘John Terry is one of Canada’s pre-eminent litigators working at the complex intersection of projects, law and Indigenous matters. Alex Bogach is a rising star, with a sound understanding of the law and an uncanny pragmatism for a lawyer of his vintage.’

‘What makes the Torys team unique is the mediation function that they offer, in particular with respect to resolving historical grievances between First Nations and the Crown. One of the strengths of the Torys team is their ability to manage relationships between the parties in a respectful, fair and objective manner.’

Principaux clients

Nuclear Waste Management Organization


Canada Development Investment


Oneida Energy Storage


Assembly of Manitoba Chiefs (and Assembly of Manitoba Chiefs Secretariat and Sand Hills Casino Resort)


Ontario First Nations (2008) Limited Partnership, a partnership of the First Nations in Ontario other than the Chippewas of Rama First Nation


Principaux dossiers


  • Negotiated an agreement on behalf of Nuclear Waste Management Organization with Wabigoon Lake Ojibway Nation, whose traditional territories include one of the two repository sites the NWMO is continuing to consider.
  • Advised CDEV, in collaboration with the Federal Minister of Finance, in connection with the potential economic participation by over 100 Indigenous groups in TransMountain Corporation.
  • Acted as counsel to the lender to Bekevar Wind, a partnership between Renewable Energy Systems Canada and Awasis Nehiyawewini Energy Development, in the project financing of the 200 MW Bekevar Wind Farm in southeastern Saskatchewan.