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The Aboriginal Law Group at Lawson Lundell is one of the largest and most experienced in western and northern Canada. Members of our Aboriginal Law Group 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 aboriginal organizations and development corporations, particularly in northern Canada.
We have represented resource-sector clients in the defense of challenges brought by aboriginal 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 aboriginal rights litigation and other aboriginal law matters before the courts and regulatory tribunals.
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 involved exactly that: assisting our clients behind the scenes in developing strategic approaches to alternative dispute resolution and consultations with aboriginal groups and negotiation of agreements and other arrangements aimed at accommodating the groups’ concerns and interests, with the result that aboriginal issues have not been determining factors in project approval processes for recent large resource development projects.
Our Aboriginal Law Group members understand our clients’ industries and their business objectives. We ensure that our advice on aboriginal matters is tailored to helping our clients achieve their business objectives.
Areas of Aboriginal Law Advice
We provide our clients with advice on an ongoing basis in connection with issues such as:
aboriginal consultation issues and strategies in project approval and regulatory processes;
structuring and negotiation of impact benefit agreements, participation agreements, cooperation protocols and other arrangements with aboriginal groups;
issues arising under the Indian Act and Regulations, including negotiation of leases, easements, permits and other interests in Indian reserve lands;
property taxation by First Nations;
joint ventures and other cooperative business arrangements with aboriginal groups;
lending, security and title insurance on reserves;
land claims and self government negotiations, and implementation and interpretation of treaties;
aboriginal interests specific to forestry, aquaculture, mining and utilities, and accommodation of aboriginal interests in resource development planning processes.
We represent clients in a wide variety of aboriginal law matters in the following areas:
negotiations with aboriginal groups and federal, provincial and municipal regulatory authorities respecting major project approvals and the issuance of tenures, licences, authorizations and environmental permits;
public hearings before federal and provincial boards and commissions involving assessments of projects such as oil and gas pipelines, offshore oil shipments, hydroelectric projects, pulp and paper mills, OSB plants, sewage disposal systems and aluminum smelting;
appeals and judicial review of administrative decisions, including applications by aboriginal groups to challenge project approval or permits under federal and provincial statutes and regulations;
civil litigation including aboriginal rights-based and nuisance-based damage claims and applications for injunctions and other relief; and
representation of industrial, commercial and public sector clients in administrative appeal processes before boards such as the Environmental Appeal Board, Forest Appeal Board, the Forest Appeals Commission, the British Columbia Utilities Commission and the National Energy Board.
We also provide advice to aboriginal organizations on a wide range of commercial matters, from labour and employment issues to taxation and structuring of aboriginal business organizations, development corporations, trusts and negotiation and creation of joint venture vehicles for commercial ventures with industry.
Recent Accomplishments:
Recently, members of our Aboriginal Law Group have:
helped a diamond producer negotiate impact benefits agreements with aboriginal groups and successfully address aboriginal issues in the regulatory approvals for a major diamond mine in the Northwest Territories;
helped a pipeline company negotiate impact benefits agreements with aboriginal groups affected by a proposed natural gas pipeline to Vancouver Island;
helped a major pulp and paper company successfully defend an appeal brought by an aboriginal group before the B.C. Environmental Appeal Board;
helped a national railway company negotiate 14 ground-breaking property taxation agreements with B.C. First Nations;
helped major forestry companies in B.C. successfully respond to appeals by aboriginal groups of pest management plans, forest development plans and other operational matters;
acted for a major aquaculture company in responding to judicial review proceedings brought by aboriginal groups on B.C.’s coast;
acted for a public utility in large-scale litigation in the defence of claims brought by aboriginal groups over the impact of the construction and operation of hydro-electric generation facilities; and
advised a major Canadian oil and gas company on issues related to oil and gas development on Indian reserves and Metis settlements in Alberta, and acted for that company in the defence of nuisance-based claims brought by a First Nation in northeast British Columbia.
We have also assisted aboriginal organizations with a range of commercial matters in recent months, including:
advising an aboriginal development corporation on structuring its participation in a major northern natural gas pipeline proposed for the Northwest Territories;
advising aboriginal governments and organizations on labour and employment matters, including wrongful dismissals claims and drug testing policies;
advising aboriginal organizations in the Northwest Territories with respect to the formation of limited partnerships and other business organizations, and related tax matters;
advising aboriginal organizations in the Northwest Territories and Nunavut with respect to the formation of joint ventures with non-aboriginal businesses;
advising an aboriginal organization on acquisition of real estate investments;
providing legal support to two aboriginal groups in the Northwest Territories in self-government negotiations;
acting for an aboriginal development corporation in the Northwest Territories with respect to the acquisition of interests in pipelines; and
advising a First Nation in the Northwest Territories with respect to oil and gas development within its traditional land use area.
View a listing of team members in this practice area.
For more information contact John M. Olynyk at 403.781.9472 or jolynyk@lawsonlundell.com.
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Resources: Mining Law Update - Winter 2008
First Lands by Ava Chisling - December 14, 2007
Aboriginal Law - The Tsilhqot’in Nation v. British Columbia Case: What it Means and What it Doesn’t Mean
Aboriginal Title Declaration Dismissed, for Now - Tsilhqot’in Nation v. British Columbia Decision Summary
Please click here to link to a list of all Aboriginal Law-related publications
Aboriginal Caselaw Summary - Ahousaht First Nation v. Canada (Fisheries and Oceans) - July 16, 2007
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