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Aboriginal Law

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events

Our Aboriginal Law Group helps project developers navigate the regulatory process in securing approvals for major energy development projects, including consulting and negotiating with Aboriginal groups and other stakeholders. We draw on our top-tier, cross-departmental expertise in the energy, environmental, corporate commercial, regulatory, litigation and tax arenas in shepherding significant projects through to fruition. We structure and negotiate commercial agreements for projects involving aboriginal rights and interests, as well as debt and equity financing arrangements for projects on aboriginal lands or with aboriginal participation.

We understand the risks associated with Aboriginal issues in the context of significant energy development project approvals and work closely with our clients to devise an exposure management plan to identify and manage potential litigation and other issues both pre- and post-closing, including compensation, royalty, surface rights and land access issues. Our unparalleled experience with major development projects enables us to forecast outcomes with a high degree of accuracy.

What Clients Say

"They really want to see our business succeed. We have established a culture of trust, one of those invaluable intangibles."

Key Contacts

  • Radha D. Curpen Radha D. Curpen, Vancouver Managing Partner
  • David  Bursey David Bursey, Partner
  • Deirdre A. Sheehan Deirdre A. Sheehan, Partner
  • Related Lawyers

Recent Experience

Cranes, Inc., operating as NCSG Crane & Heavy Haul Corporation, with its joint ventures with various Indigenous groups in British Columbia, Alberta, Saskatchewan, Manitoba and the Northwest Territories providing crane, lifting and heavy haul services in support of major industrial and commercial projects.
Frontier, on its PAK Lithium Project including: corporate, finance, regulatory, environmental, and aboriginal community relations.
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in the negotiation and structuring of commercial agreements including ownership agreements among various Aboriginal groups and various development, operating, shipping and financing agreements with Imperial Oil, ExxonMobil, ConocoPhillips, Shell and TransCanada Pipelines.
Compensation proceedings before the Métis Settlements Appeals Tribunal respecting oil and gas development on Métis Settlement lands.
Advice regarding Aboriginal consultation in relation to energy project developments on reserve lands and traditional lands of various First Nations in Alberta, Saskatchewan, British Columbia, the Northwest Territories, the Yukon Territory, and Ontario.
First Nations interventions, in various pipeline, oil sands, upgrader, and waste management facility proceedings before the Alberta Energy Resources Conservation Board and the Environmental Appeals Board.
In the Federal Court of Canada, representing a number of petroleum producers in Alberta and in Inuvik, in the successful interpretation of a production license issued under the Canada Petroleum Resources Act, and the assessment of royalties payable to the Crown under it. 2007 FC 1234.
Safari Club International (Alberta Chapter) and Public Action for Wildlife Society, in their successful intervention in an appeal relating to Métis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41.
CCS Inc., a waste management company, with an intervention by the Cold Lake First Nation before the Environmental Appeals Board opposing the establishment of an oilfield waste landfill adjacent to reserve lands.
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the development of Casino Rama.
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the expansion of the Casino Rama complex and a $225 million loan from the Bank of Nova Scotia, which was used to fund costs incurred in connection with the expansion.
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the CHC's application as a proponent for the Ontario government's proposed charity gaming clubs, which were to be initiated throughout the Province of Ontario.
Inuvialuit Petroleum Corporation, in the Inuvik Gas Project with AltaGas and Enbridge including negotiation of joint operating, gathering, processing, and transportation agreements, CO&O agreements and gas sales contracts.
Inuvialuit Petroleum Corporation, in its acquisition and divestiture of oil and gas assets in Western Canada.
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., in a $160 million term credit facility with the Bank of Nova Scotia and various other financial Institutions.
Inuvialuit Land Corporation and Inuvialuit Regional Corporation, in structuring, drafting and negotiating concession agreements regarding the Inuvik and Tuktoyaktuk blocks in the Mackenzie Delta.
ATCO Frontec, with its joint ventures with Fort McKay First Nation regarding the development of work camp accommodation projects in the Northern Alberta.
ATCO Frontec, with its joint ventures with various aboriginal groups in the Northwest Territories and Nunavut.

Recent Recognition

Chambers Canada
Ranked, Aboriginal Law - Canada
Chambers Global: The World's Leading Lawyers for Business
Ranked, Canada, Aboriginal Law
The Canadian Legal Lexpert Directory
Consistently recommended, Aboriginal Law, Toronto
Consistently recommended, Aboriginal Law, Calgary
The Legal 500 Canada
Recommended, Aboriginal Law

Insights, News & Events

Blog

Site Rehabilitation Program Periods 5 and 6 Further Expand Program Scope

February 22, 2021
       

Announcements

Bennett Jones in Chambers Global 2021

February 22, 2021
       

Announcements

ESG Series: Defining and Driving ESG Within Your Organization

February 11, 2021
       

Speaking Engagements

Sharon Singh Moderates Minister's Roundtable at BC Natural Resources Forum

January 27, 2021
       

Blog

Alberta Launches New Public-Private Partnership and Unsolicited Proposal Frameworks

December 09, 2020
       

Articles

Radha Curpen on the Road to Success For B.C.'s Energy Industry

December 09, 2020
       

Blog

Federal Government Fulfills Promise to Introduce UNDRIP Legislation

December 04, 2020
       

Articles

Sharon Singh on Infrastructure and Indigenous Engagement

November 09, 2020
       

Blog

Bill 38: Alberta to Expand the Powers of First Nations Police Services

November 04, 2020
       

Articles

Will Osler on Infrastructure and Indigenous Engagement: A Corporate Perspective

October 26, 2020
       

In the News

Sharon Singh in Canadian Lawyer on Indigenous Involvement in Infrastructure

October 21, 2020
       

Speaking Engagements

Sharon Singh on Prior Consultation with Indigenous Communities

October 13, 2020
       

Announcements

Bennett Jones Acts for Gold Winner at Canadian Law Awards

October 07, 2020
       

Blog

B.C. Announces Second Increment of Dormant Sites Reclamation Program Funding

October 02, 2020
       

Blog

Version Four of the Equator Principles: Additional Due Diligence Requirements for Project Financing

September 28, 2020
       

Announcements

Infrastructure and Indigenous Engagement

September 17, 2020
       

Podcast

Infrastructure and Indigenous Engagement

September 17, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Articles

Katrina Crocker on Trade and Gender in Public Procurement

August 24, 2020
       

Blog

Alberta's Site Rehabilitation Program Enters Period 4

August 12, 2020
       

Blog

Memorandum of Understanding on Wet'suwet'en Rights and Title—An Ambitious Plan

June 03, 2020
       

Blog

British Columbia Announces Funding to Clean Up Orphan and Inactive Wells

May 15, 2020
       

Blog

AIOC Program Guidelines Released: Loan Guarantees and Capacity Grants

May 11, 2020
       

Blog

Prosper Rigel Project Decision Overturned: Increased Complication for Project Development

April 30, 2020
       

Blog

Consultation and Engagement with Indigenous Peoples During COVID-19

April 24, 2020
       

Blog

Court Finds Indigenous Law Not a Defence to an Injunction to Restrain Protests

March 11, 2020
       

Blog

The Alberta Indigenous Opportunities Corporation: A Framework For Meaningful Ownership and Economic Reconciliation

March 09, 2020
       

Speaking Engagements

Sharon Singh at FNMPC Industry Engagement Event

March 03, 2020
       

Announcements

Bennett Jones in Lexpert's Top 10 Deals of 2019

February 20, 2020
       

Announcements

Bennett Jones in Chambers Global 2020

February 13, 2020
       

Blog

New Proponent Guide to First Nations and Métis Settlements Consultation Released by Alberta Government

February 05, 2020
       

In the News

Vivek Warrier in Bloomberg on Trans Mountain Expansion

February 04, 2020
       

In the News

Sharon Singh in Vancouver Sun on UNDRIP

January 21, 2020
       

Speaking Engagements

AME Roundup - UNDDRIP

January 21, 2020
       

Speaking Engagements

Finding the Path to Shared Prosperity

January 14, 2020
       

In the News

Will Osler and Luke Morrison on Alberta's Bill 14

January 02, 2020
       

In the News

Radha Curpen CSR and Indigenous Rights

December 13, 2019
       

Articles

British Columbia's UNDRIP Legislation - A Framework to Advance

December 04, 2019
       

Blog

ACO Authority Confirmed—Duty to Consult Not Triggered by Taking Up Any Lands

December 03, 2019
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

Blog

British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

November 12, 2019
       

Articles

The Lawyer’s Corporate Social Responsibility Deskbook: Practical Guidance for Corporate Counsel and Law Firms

September 06, 2019
       

Blog

Aboriginal Rights in Canada Can Include Indigenous Persons in the United States

May 17, 2019
       

Updates

A New Government in Alberta: What it means for businesses and investors

May 06, 2019
       

Blog

British Columbia to Introduce UNDRIP Legislation

February 21, 2019
       

Blog

B.C. “Revitalized” Environmental Assessment Regime—The Path Ahead

January 10, 2019
       

Blog

AER and ACO Release Revised Joint Operating Procedures

November 16, 2018
       

Updates

The Creation of the Canadian Energy Regulator

March 01, 2018
       

Blog

A New Federal Framework on the Recognition and Implementation of Indigenous Rights

February 23, 2018
       

Updates

Sea Change: The Canadian Navigable Waters Act

February 22, 2018
       

Updates

Reshaping Canada’s Project Assessment Regime—Bill 69’s Ambitious Blueprint

February 20, 2018
       

Updates

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

February 09, 2018
       

Blog

Government of Alberta Announces New Rounds of Renewable Electricity Program

February 07, 2018
       

Blog

Canada Supports UNDRIP Implementation Bill

December 06, 2017
       

Blog

Aboriginal Water Rights, Mining—and the Law & Order Theme Song

November 27, 2017
       

Speaking Engagements

Sharon Singh on Aboriginal Water Rights at CAMA

November 09, 2017
       

Blog

Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

November 06, 2017
       

Blog

Union of B.C. Municipalities Push for Campaign Finance and Lobbying Reform

October 10, 2017
       

Speaking Engagements

CIM South Central BC Branch 2017 Conference and Annual General Meeting

September 13, 2017
       

Blog

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

July 04, 2017
       

In the News

David Bursey on MOU Between Métis Nation of Ontario and Ottawa

March 03, 2017
       

In the News

David Bursey in The Lawyers Weekly on Specific Claims Tribunal Award

January 27, 2017
       

Speaking Engagements

Mineral Exploration Roundup 2017 Conference

January 23, 2017
       

Updates

Government of Canada Approves Pacific NorthWest LNG Project

September 28, 2016
       

Articles

Further Clarity on the Crown's Duty to Consult First Nations

August 01, 2016
       

Updates

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

July 25, 2016
       

In the News

Sharon Singh in The Lawyers Weekly on Aboriginal Consultation

July 18, 2016
       

In the News

David Bursey in Lexpert on Reconciliation Time

June 22, 2016
       

Articles

Non-status Indians and Métis are "Indians" under the Canadian Constitution and Subject to Federal Jurisdiction

June 06, 2016
       

Articles

Non-Status Indians and Métis are Indians under the Canadian Constitution

May 01, 2016
       

Updates

Alberta's Metis Consultation Policy

April 04, 2016
       

Announcements

Sharon Singh Wins Wendy McDonald Award for Women of Promise

March 31, 2016
       

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