Indigenous

Indigenous Legal Issues (also referred to as Aboriginal Law) often entail consultation, negotiation, and accommodation. Each of these are critical elements of successful natural resource and infrastructure projects, and can foster strong relationships between Indigenous peoples and project proponents.

Indigenous legal issues expertise

Our lawyers help clients bridge complex, culturally sensitive matters to achieve effective, practical, and long-term solutions. We advise Indigenous communities, industry, municipalities, conservation authorities, Boards and Tribunals and governments about legal frameworks and requirements to satisfy Indigenous consultation and accommodation.

We assist Indigenous communities with building internal capacity for project development and regulatory and policy-setting matters.

Our team of Indigenous Legal Issues lawyers supports clients in the areas of:

• archaeology, cultural heritage, and Indigenous knowledge
• consultation plans and protocols
  
• duty to consult
• environmental Impacts
• environmental permit applications
• First Nations Land Management Act
• impact benefit agreements
• Indigenous consultation
• Indigenous led impact assessments
• land and resources management
• land claims interpretation and application
• land codes and environmental laws
• litigation and dispute resolution
• negotiation, drafting, and implementing agreements
• safe drinking water standards and due diligence
• UNDRIP
• use and occupancy of reserves.

Duty to consult and duty to accommodate

Our lawyers advise clients about the duty to consult and duty to accommodate Indigenous peoples arising from decisions that affect Indigenous peoples and their rights. Our team’s recognised depth in environmental law and Indigenous Legal Issues uniquely positions our lawyers to advise about duty to consult on environmental permit studies and applications.

Impact benefit agreements

Impact benefit agreements seek to provide certainty to project proponents while offering important social, economic, and environmental benefits including environmental oversight to affected Indigenous communities. Our lawyers are experienced at negotiating, drafting, and implementing impact benefit agreements and, when necessary, resolving disputes through mediation, arbitration, or litigation.

Land and resources management

Our legal team advises Indigenous communities about land and resources management, including drafting land codes and environmental laws through the First Nations Land Management Act.  Our team advises about agreements and permits for use and occupancy of reserve land. Our lawyers also advise First Nation governments about safe drinking water standards and delivery of potable drinking water.

Environmental assessment and permit applications

Where Indigenous consultation is required prior to carrying out environmental assessments and applying for environmental permits and approvals, our lawyers are uniquely positioned to advise. Our lawyers have experience preparing environmental permit applications, retaining and working with technical peer reviewers, reviewing issues relating to regulatory compliance, negotiating with regulators, and appealing decisions.

Indigenous-led impact assessment

Our lawyers assist clients with federal, provincial, and territorial impact assessment legislation and processes. Impact assessments are planning processes that assess the economic, social, and environmental effects of projects that may affect Indigenous communities. As an alternative to government-led environmental impact assessments, Indigenous-led impact assessments may be established by and led by Indigenous governments.

Land claims

We advise about interpretation and implementation of land claims, treaty land entitlement, and additions to reserves as they relate to Indigenous rights, resource development, and environmental protection.

Archaeology, cultural heritage, and Indigenous knowledge

Our lawyers advise about cultural heritage protection, archaeology legislation and standards, and the sharing of Indigenous knowledge in the course of project development. Our lawyers assist with licensing, terms of use agreements, and matters of confidentiality relating to Indigenous knowledge.

Litigation and dispute resolution

Our lawyers have negotiated precedent-setting agreements that facilitate practical solutions involving Indigenous governments, resource developers, municipalities, and the environment. Our lawyers help clients reach agreements that are “win-win” solutions, and avoid the cost and disruption of court proceedings. When recourse to administrative law tribunals and the courts is necessary, our lawyers have a record of experienced and determined advocacy, focused on our clients’ needs and objectives.

We assist Indigenous peoples, industry, and government organizations with litigation and dispute resolution, including:

• Civil litigation, arbitration and mediation of disputes
• Challenging & appealing government decisions
• Public Inquiries
• Neutral facilitation or mediation
• Defence of prosecutions.

Contact our Indigenous legal issues lawyers today

Willms & Shier Environmental Lawyers has offices in Toronto, Ottawa, Calgary, and Yellowknife. Our lawyers are called to the Bar in Alberta, British Columbia, Nunavut, Northwest Territories, Yukon, and Ontario.

To speak with an Indigenous Legal Issues lawyer, contact us today.