Practice Areas & Industries: Lawson Lundell LLP

Practice/Industry Group Overview

In the ever-changing and evolving area of aboriginal 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 Aboriginal Group provides support to clients in all areas of aboriginal law and in all regions of Canada.

The Aboriginal 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 aboriginal organizations and development corporations, particularly in northern Canada.

Defending Clients’ Interests

We have represented resource-sector clients in the defence 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. We work with resource sector clients to defend their interests in disputes between aboriginal 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 aboriginal groups, and negotiation of agreements and other arrangements aimed at accommodating the groups’ concerns and interests. The result has been that aboriginal 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 aboriginal 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 aboriginal matters is tailored to helping our clients achieve their business objectives.

Services Available

We assist clients with issues such as:

• Aboriginal 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 aboriginal groups
   
• Defending project tenures and approvals from legal challenges related to aboriginal and treaty rights, including adequacy of consultation and the Crown’s duty to consult
   
• Joint ventures and other cooperative business arrangements with aboriginal 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
   
• Aboriginal issues specific to forestry, aquaculture, mining and utilities, and accommodation of aboriginal interests in resource development planning processes

We represent clients 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
   
• 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

We also provide advice to aboriginal organizations on a 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.

For more information please contact:

John M. Olynyk at jolynyk@lawsonlundell.com or (403) 781.9472

Brad Armstrong, Q.C. at barmstrong@lawsonlundell.com or (604) 631.9126

Keith Bergner at kbergner@lawsonlundell.com or (604) 631.9119