Aboriginal Law
Canada Guide 2025 : Nationwide - Canada
Band 1
Email address
[email protected]Contact number
+1 416 366 8381About
Provided by Fasken
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.
Chambers Review
Fasken is a premier law firm with a long history in the Aboriginal law field. It enjoys a notable profile in Vancouver, from where the team is well placed to advise on matters arising in British Columbia and throughout Northern Canada. The Indigenous law group advises on a wide array of litigation and consultation matters, as well as acting for business clients on commercial agreements and joint ventures with Indigenous groups. The team is lauded for its extensive experience negotiating and drafting impact and benefit agreements on behalf of major industry players, regularly representing significant clients from the mining and energy sectors. The firm also acts for clients in other industries including real estate, telecommunicationsand transportation, as well as representing Crown corporations.
Work Highlights
- Fasken continued to provide strategic advice to Cermaq Canada on all aspects of negotiations with Indigenous communities regarding its fish farming business, including an Indigenous Monitoring and Inspection Planagreement with several First Nations.
Strengths
Provided by Chambers
"Fasken's lawyers are extremely knowledgeable. The firm can handle complex and sophisticated matters."
"Fasken brings a unique blend of commercial and technical understanding, combined with core expertise in Indigenous affairs."
"The team works well to respond in a very timely manner to our requests and looks to make time for the important discussions."
"Fasken has a strong ability to navigate complicated matters and consider the long-term impact of decisions."
"Fasken has deep knowledge of our industry and the requirements of our business. The firm demonstrates a clear understanding of the potential impact of the case, including the public policy impacts."
"Fasken's lawyers are extremely knowledgeable. The firm can handle complex and sophisticated matters."
"Fasken brings a unique blend of commercial and technical understanding, combined with core expertise in Indigenous affairs."
"The team works well to respond in a very timely manner to our requests and looks to make time for the important discussions."
"Fasken has a strong ability to navigate complicated matters and consider the long-term impact of decisions."
"Fasken has deep knowledge of our industry and the requirements of our business. The firm demonstrates a clear understanding of the potential impact of the case, including the public policy impacts."
Notable Practitioners
Vancouver-based Charles Willms has a wealth of experience in the field of Aboriginal law, including with regard to petroleum and natural gas rights. He is very well versed in dispute resolution, including mediation and arbitration, and garners considerable respect from the market.
Kevin O'Callaghan leads Fasken's Indigenous law group from Vancouver. He advises clients on mining projects and pipeline proposals, providing experience in both strategic and contentious Aboriginal engagement mandates.
"Kevin brings a wealth of strategic and insightful advice into our conversations. He is open and listens well."
"His ability to understand the law and the nuances of it, as well as why different topics are important, make him stand out."
Pierre-Christian Labeau has particular experience representing governmental entities and mining companies out of Fasken's Québec City office, providing notable experience in Aboriginal and constitutional law.
Bridget Gilbride is held in high esteem for her Indigenous law practice, which features particular expertise in litigation surrounding commercial and regulatory issues.
"Bridget offers deep understanding and thoughtful guidance impacting long-term matters."
"She is extremely smart, insightful and excellent at navigating relationships."
"She is dynamic, knowledgeable and fearless."
Kai Alderson is an adept lawyer based in Vancouver who has established a strong reputation for representing clients in the energy, infrastructure, mining and natural resource industries in their negotiations with Aboriginal groups.
"Kai consistently demonstrates a deep understanding of Aboriginal law, culture and commercial matters."
"Kai is very thoughtful and thorough. He has good strategic skills."
Ranked Lawyers at
Fasken
Nationwide - Canada
Members
Provided by Fasken