Scott Smith

Practice Areas

Scott is a highly skilled negotiator and litigator who works at the confluence of Aboriginal, environmental, energy and natural resource law. Widely recognized as a passionate and strategic advocate and thought leader, Scott has negotiated precedent-setting agreements between Indigenous peoples, project proponents and Crown entities that advance economic reconciliation and achieve meaningful and lasting results for his Indigenous clients.

Scott is a member of the firm’s Indigenous Practice Group. He is also a member of the firm’s Energy, Environmental Law and Infrastructure Groups. Prior to joining Aird & Berlis, Scott practised at a large, international law firm specializing in Aboriginal and Indigenous law. He has been recognized by Lexpert, Chambers & Partners and Legal 500 Canada as a leading practitioner in the area of Aboriginal law, and was named as one of Benchmark Litigation Canada's 40 & Under Hot List (2017-2020) and recognized as one of Lexpert's Rising Stars: Canada's Leading Lawyers Under 40 (2018).

Scott regularly advises First Nations on all phases of major projects, including navigating complex regulatory hearings and litigation for significant energy and natural resource projects across Canada. He has extensive experience in negotiating impact benefit agreements and Indigenous equity participation arrangements in major projects, including working on behalf of his Indigenous clients across diverse sectors such as mining, forestry, pipelines, LNG facilities, hydroelectric projects, transmission lines and petrochemical facilities, often incorporating Indigenous ownership.

A significant focus of Scott's practice also involves providing strategic counsel on Aboriginal and Treaty rights-related matters, the duty to consult and accommodate, resource benefit sharing arrangements, child and family services, regulatory and environmental matters, including contaminated sites. Scott has worked closely with Indigenous communities and governments on negotiating landmark government-to-government arrangements, including having successfully crafted the largest agreement between British Columbia and First Nations outside of formal treaties.

As a result of his work on behalf of Indigenous clients, Scott has appeared before all levels of court, including the Supreme Court of British Columbia, British Columbia Court of Appeal, Ontario Court of Justice, Ontario Superior Court, Ontario Divisional Court, Federal Court, Federal Court of Appeal, Tax Court of Canada and the Supreme Court of Canada. He has also appeared before various regulatory bodies and tribunals, including the Canada Energy Regulator, Impact Assessment Agency of Canada, British Columbia Environmental Assessment Office, British Columbia Environmental Appeals Board, British Columbia Utilities Commission and the Ontario Energy Board.

Prior to pursuing a law degree, Scott completed a master's degree and one-and-a-half years of study in a PhD program in biology at McGill University. He is the recipient of numerous scientific and legal scholarships. His scientific work has been published in high-impact international journals, and has been reported on internationally in the popular press. Scott's scientific expertise provides him with a unique perspective through which he provides strategic litigation and regulatory advice to his Indigenous clients as they advance their economic participation and environmental stewardship goals.

Learn more about Scott's practice here: https://www.airdberlis.com/people/bio/scott-a.-smith