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Indigenous Legal Matters


We find common ground with Indigenous Peoples.
We are at the forefront of concluding agreements for Canadian resources companies. Arguing landmark cases, resolving long-standing issues, and charting a new path forward.
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Overview

Fasken has the depth of experience needed to guide project proponents to successful relationships and outcomes with Indigenous Peoples.

Relationships with Indigenous (First Nations, Métis and Inuit) Peoples are critical to the success of contemporary developments anywhere in Canada. Fasken has hard earned experience in the development of these relationships and the strategies, policies and approaches that can lead to practical long term success.

 

Members of our group are spread across all our offices and have unparalleled experience in all aspects of Indigenous law in Canada (and around the World), including: reserve land development, consultation and accommodation, commercial agreements, impact and benefit agreements (IBAs) and all aspects of environmental assessment and permitting.

 

As in all areas of law, conflicts do sometimes arise. Fasken has the benefit of being involved from the very beginning of the development of Indigenous law in Canada. We have argued landmark cases before the Supreme Court of Canada redefining the concepts of Indigenous title and rights as well as establishing the principles associated with consultation and accommodation. We also have extensive experience with successfully defending challenges to permits and licenses by judicial review and pursuing practical and efficient injunctions to allow projects to continue development.

 

Our experience in all levels of court has allowed us to develop a deeper understanding of Indigenous law in Canada, but also allowed us to understand the critical importance of establishing good relationships with Indigenous Peoples from the very beginning of project development.

 

Our clients include natural resource and energy companies, large and small businesses, First Nations and all levels of government working on development projects that range from pipelines to fish farms and hydro-electric facilities to mines.

 

Fasken is recognized for having decades of groundbreaking experience in the legal aspects of relations with Indigenous Peoples. With one of Canada’s largest groups focusing on this area, we advise colleagues from all of our other practices and are often sought after directly for our expertise by clients and law firms across Canada and around the world.

 

Subscribe to our Linked In page on “Indigenous Law” as well as to receive our Indigenous Law Bulletins, browse our recent client work or contact any of our lawyers to learn more.

 

Guiding community relationships with Indigenous Peoples with practical and innovative strategies across Canada, Latin America and Africa.

Achievements

Team

Primary Contacts
  • Kevin O'Callaghan, Partner | Leader, Indigenous Legal Matters, Vancouver, BC, +1 604 631 4839, kocallaghan@fasken.com
  • Brenden Hunter, Partner, Calgary, AB, +1 403 261 6157, bhunter@fasken.com
  • Christopher J. Rae, Partner, Toronto, ON, +1 416 865 4551, crae@fasken.com
  • Kai Alderson, Partner | Co-Leader, ESG and Sustainability, Vancouver, BC, +1 604 631 4956, kalderson@fasken.com
  • Bridget Gilbride, Partner, Vancouver, BC, +1 604 631 4891, bgilbride@fasken.com

Client Work

  • Hudbay Minerals Inc. defends against claims of negligence in the context of alleged sexual assaults in the location of a foreign subsidiary, [Case - Hudbay Minerals Inc.], Canadian mining company defends against negligence claims relating to alleged human rights abuses in Guatemala.
  • Hudbay Minerals Inc. and its foreign subsidiary defend against claims alleging negligence and serious human rights violations in Guatemala, [Case - Hudbay Minerals Inc., Compañía Guatemalteca de Níquel S.A. and HMI Nickel Inc.], Canadian mining company defends against negligence claims for alleged human rights violations by its foreign subsidiary’s security personnel in Guatemala.
  • Infrastructure Ontario and Weeneebayko Area Health Authority Launch a C$1.8 billion Progressive Design-Build Project, [Deal - Infrastructure Ontario and Weeneebayko Area Health Authority], Fasken shapes groundbreaking healthcare project, fostering Indigenous community benefits in Ontario.
  • Indigenous citizen seeking to run for a seat on her Nation’s Council, [Pro bono | Case - Cindy Dickson], A case regarding fundamental issues related to the Charter and democratic rights of Indigenous citizens in Canada.
  • EMX Royalty Corp. resolves dispute over permits issued in Grassy Narrows First Nation Territory, [Case - EMX Royalty Corp.], Mineral rights dispute regarding permits for exploration in Northern Ontario.
  • TD Bank leads syndicate in loan financing for HaiSea Marine Limited Partnership, [Deal - The Toronto-Dominion Bank], HaiSea secures financing by way of a term credit facility
  • National organization addresses international law and liability concerns, [Case - Confidential Client], Organization receives guidance on international law for cultural artifacts' repatriation.
  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • The Corporation of the City of Brantford obtains injunction against occupiers of city owned land, [Case - The Corporation of the City of Brantford], City of Brantford obtains interim injunctions against land occupiers to close purchase and sale transaction.

Knowledge

Events

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