Aboriginal Law
Representation in connection with matters involving First Nations, the Métis and Inuit is an important element of our practice. We offer a multi-disciplinary approach, drawing on the extensive experience of our energy, corporate commercial, regulatory, litigation, and tax practice groups, to a very broad client base, including industry, government, public utilities, and Aboriginal groups, in jurisdictions across Canada.
We advise clients on a broad range of Aboriginal matters in relation to natural resource, power, transmission and distribution, and other industrial development projects involving Aboriginal rights and Aboriginal-owned businesses, property or lands, including:
• Structuring and negotiating all commercial agreements for such projects, including impact benefit agreements; appropriate joint venture, partnership and other business structure development and participation agreements; lease and resource development agreements for reserve and treaty lands; and various other project agreements;
• Structuring debt and equity financing arrangements for projects on Aboriginal lands or with Aboriginal participation, having regard to commercial, tax, financing, regulatory and other often unique financing challenges facing the projects;
• Providing strategic advice to project proponents on consultation with First Nations and other Aboriginal groups;
• Advising clients on regulatory approval processes and on securing project approvals before regulatory tribunals in jurisdictions across Canada, including representation before Joint Review Panels in various jurisdictions, the National Energy Board, the Alberta Energy Resources Conservation Board, the Alberta Utilities Commission, the Ontario Energy Board, the Ontario Environmental Assessment Board, the Alberta Environmental Appeals Board, and the Métis Settlements Appeals Tribunal; and
• Representing clients before all levels of Court, including the Alberta Court of Queen's Bench, Alberta Court of Appeal and Federal Court of Canada, on various Aboriginal issues, such as the duty to consult, royalty and land disputes, and challenges to project approvals.