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Keith B. Bergner
Partner

Vancouver

Phone: 604.631.9119
Facsimile: 604.694.2910

kbergner@lawsonlundell.com
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Litigation
Public Utility and Regulatory Law
Energy Law
Alternative Dispute Resolution
Northern Practice Group
Administrative and Constitutional Law
Aboriginal Law



Keith represents clients in the areas of civil litigation, alternative dispute resolution, aboriginal law, administrative law, constitutional law and regulatory/energy law. Having spent three years in Lawson Lundell's Yellowknife office (from 1999-2002), Keith is an important member of our Northern Practice Group.

Within the area of civil litigation, Keith has represented clients in contractual disputes, shareholder disputes, aboriginal claims, and judicial review of government and administrative action. Keith has appeared before all levels of the Supreme and Appellant Courts, including the Supreme Court of Canada, and has also been involved in matters before the Federal Court of Canada.

Within the area of aboriginal law, Keith has been involved in matters regarding aboriginal title claims, trespass to Indian Reserves, and taxation on Indian Reserves. Keith has also been involved in Federal Court litigation regarding the extent of the duty of consultation and compensation for infringement of aboriginal rights by major industrial projects. Keith is familiar with and works frequently with the numerous Land Claims Agreements in the Northwest Territories, Nunavut and British Columbia.

In the area of regulatory/energy law, Keith is familiar with and works with the numerous regulatory bodies created under the Mackenzie Valley Resources Management Act in their permitting and environmental screening and review processes. Keith has been involved in a number of significant regulatory hearings and alternative dispute resolution processes before public utility commissions addressing energy and mining projects. Keith has been involved in litigation before all levels of court involving the interpretation of regulated utility tariffs. Keith was involved in an arbitration, which determined the provision of transmission capacity by a regulated utility.

Within the area of administrative law, Keith has worked on matters before numerous administrative tribunals including the National Energy Board, the Worker’s Compensation Board, the British Columbia Utilities Commission and the Human Rights Commission. Keith has also appeared as counsel on applications seeking judicial review of administrative boards and tribunals, including the British Columbia College of Dental Surgeons and the Association of Professional Engineers, Geologists and Geophysicists of the Northwest Territories.

Keith has done pro bono work on behalf of the British Columbia Civil Liberties Association who appeared before the Supreme Court of Canada as intervener in a matter which challenged the constitutional and administrative basis for a School Board refusing to approve certain books for use in the public school system. Keith has also been involved in matters which address constitutional challenges to legislation based on aboriginal rights.

Keith has also acted as a mediator and has received advanced training in alternative dispute resolution. Keith has appeared as counsel in numerous mediations and arbitrations involving such matters as employment disputes, forestry and logging contracts, transportation contracts and personal injury claims. Keith has also litigated before the Supreme Court of British Columbia regarding the applicability of an arbitration clause.


British Columbia (1997)
Northwest Territories (2000)
Nunavut (2000)


McGill University (B.A. Honours, 1990)
McGill University (LL.B., 1996)


Canadian Bar Association, Alternative Dispute Resolution, Northwest Territories, Founding Member and Past-Chair (2000-2002)

Canadian Bar Association, Aboriginal, Administrative and Civil Litigation Sections, Member

Law Society of the Northwest Territories, Continuing Legal Education, Admissions and Discipline Committees, Member



The Crown's Duty to Consult and Accommodate - June 2006

Implications of the Recent Supreme Court of Canada Decision in: R. V. Marshall; R. v. Bernard - May 19, 2006

Consultation Requirements in the Post-Treaty Context - May 14, 2006

The Crown's Duty to Consult and Accommodate - October 27, 2005

A Regulatory Roadmap: Successfully Navigating Oil and Gas Licensing Regimes in the North - January 26, 2007

Update on Land Claims and Devolution in the Yukon and the Northwest Territories
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