Indigenous

Successful project development in Canada requires positive and collaborative relationships with Indigenous communities that can advance shared priorities and mutually beneficial opportunities. It also requires navigating the challenges that Indigenous communities and businesses often face in unlocking economic opportunities given ongoing barriers in the Indigenous economy. As the Indigenous legal and policy landscape continues to evolve, it is crucial to have a highly experienced team that is practical, creative, and solutions-oriented.

With unique insights and market-leading expertise, our Indigenous Group is able to help you navigate these challenges while securing successful and productive long-term relationships. Our experience is gained from working on project reviews and precedent-setting agreements, transactions, and dispute resolution for project proponents (including Indigenous proponents), federal, provincial, and territorial government ministries and agencies, Indigenous communities and businesses, and financial institutions.

Our multidisciplinary team of lawyers works from an integrated national platform with deep experience across Canada, advising on Indigenous issues in a broad range of industries and sectors. We provide:

• Guidance on precedent-setting mandates: As one of Canada’s top practices in this space, we’ve been involved in some of the country’s most significant projects involving partnerships with Indigenous groups, including equity arrangements, consent-based project reviews and Indigenous-led assessments, the establishment of Indigenous protected areas, and other innovative partnerships. Combined with our expertise in energy and resources, mining, infrastructure, the energy transition, and oil and gas, our team can help you succeed in your most ambitious and complex mandates.
• Strategic guidance and insight: Understanding the continually evolving policy and legal framework and other issues that influence the expectations of Crown and Indigenous decision-makers is essential for success when working on Indigenous project-related issues. Our advice is results-focused and informed by the unique experience and perspectives that our team has gained working for industry proponents, federal and provincial governments, and Indigenous communities and businesses.
• Unmatched dispute resolution experience: We focus on avoiding and resolving disputes where possible but have significant litigation experience on Indigenous issues, including acting in duty to consult judicial reviews, Aboriginal and treaty rights claims, including Aboriginal title, specific claims matters, governance disputes, injunctions, disputes arising under agreements with Indigenous groups, class actions, and commercial disputes involving Indigenous parties.  

Nuanced and respectful legal and business advisory services

With a focus on win-win outcomes for all parties, we provide a broad-range of legal services and strategic advice, including:

• Relationship building and early engagement;
• Consultation and accommodation;
• Aboriginal and treaty rights and claims;
• The UN Declaration on the Rights of Indigenous Peoples;
• The Indian Act and other legislation applicable to Indigenous peoples and lands.
• Indigenous led assessments;
• Negotiating and drafting a broad range of agreements with Indigenous communities, including agreements relating to early-stage and consultation activities and the longer-term relationship, impact benefit, revenue sharing, equity, and other commercial arrangements;
• Project finance issues relating to projects with Indigenous economic participation and Indigenous loan guarantee programs;
• Indigenous procurement;
• Leasing and permits for developments on reserve lands;
• Indigenous business opportunities and wealth management;
• Indigenous taxation issues;
• Indigenous policy reviews; and
• Risk management and dispute resolution.