Heenan Blaikie has developed unique expertise in a wide array of legal and policy issues related to Canada’s First Nations, Métis and Inuit people. Our lawyers are well versed in Aboriginal rights as developed in the common law by Canadian courts or expressed in the Royal Proclamation, 1763 and the Constitution Act, 1982. They are also familiar with all relevant statutes and regulations.
Services Overview
We provide Aboriginal law advice in connection with:
- Aboriginal rights and title
- Aboriginal self-government and the inherent right of Aboriginal governance
- Agreements and programs designed to provide Aboriginal communities with services in the areas of education, health care, police and justice
- Various litigation issues, including Aboriginal and treaty rights, constitutional issues, natural resources, human rights, election disputes, employment law, construction, transportation, intellectual property
- Treaty and land claims negotiations
- Major projects such as energy, natural resources and utilities touching upon Aboriginal interests
- The duty to consult and accommodate Aboriginal peoples, including in relation to environmental assessments
- The negotiation, interpretation and implementation of Impact and Benefits Agreements
- Corporate and commercial matters, including financing of resource and manufacturing projects; reserve financing issues; drafting, negotiating and enforcing commercial agreements; incorporation, partnerships and joint ventures
- Energy, such as green energy initiatives, environmental due diligence of energy projects, Aboriginal energy partnerships, consultation programs – design and implementation
- Band council membership and elections
- Aboriginal community issues, such as control over programs and services, housing and construction
- Environmental matters, including drafting and negotiation of environmental agreements, project-based environmental assessments, compliance with existing federal and provincial legislation, site remediation of polluted lands
- Government relations, such as First Ministers’ conferences on Aboriginal affairs, negotiation of self-government agreements, issues arising under certain statutes (ex.: Indian Act, Indian Oil and Gas Act, First Nations Goods and Services Tax Act, First Nations Land Management Act), exclusive right to use and occupy lands
- Forestry, which includes Aboriginal participation in sustainable forest management, planning and development; preservation of Aboriginal cultural, social and spiritual values; cutting and sale of timber on reserve lands; community controlled forests
- International law and international organizations, including the United Nations
- Mining, such as in relation to Aboriginal land claims, consultations with Native communities before issuance of authorizations and permits, revenue sharing, social and environmental impacts of mining projects
- Fishing, hunting and trapping rights
- Interpretation and implementation of treaties, statutes and regulations
- Labour and employment, including human rights, workers’ compensation, personal injury claims and occupational health and safety
- Entertainment, sports and media, such as gaming applications, commercial real estate/leasing transactions, joint ventures for casino developments, Aboriginal radio and television networks
- Injunction applications designed to halt developments on Aboriginal land
- Appeals and judicial review of related administrative decisions
In addition to our legal knowledge, two of Heenan Blaikie’s lawyers, the Right Honourable Jean Chrétien and Geoff Plant, were, at one time, ministers responsible for Aboriginal affairs, at the federal and provincial levels respectively. They have a thorough understanding of the treaties entered into with First Nations since they were signatories to several of them. Other lawyers of the firm have acted as chief negotiators in several ground-breaking agreements and treaties.
The firm has experience advising a wide range of clients, including:
- the federal government
- provincial governments
- territorial governments
- municipalities
- government agencies
- private corporations
- First Nations (ex.: Haisla, Mohawks, Haida, Innu)
- Métis
- Inuit
- band councils
Over the years, Heenan Blaikie lawyers have contributed to the success of many business and social initiatives involving the participation of Aboriginal communities. But our success also lies in our ability to comprehend the political, social, historical, diplomatic and economic issues that are at the heart of our relationships with Canada’s Aboriginal people and develop practical solutions.