Fasken Martineau Dumovlin LLP

Aboriginal Law

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First Nations, Inuit and Métis people in Canada have treaty or Aboriginal rights, including title, over significant areas of land. These rights must be taken into account when developing or financing natural resource, mining, energy or real estate projects. For more than 25 years, Fasken Martineau's Aboriginal Law group has helped address and resolve our clients’ Aboriginal issues in Canada. Outside Canada, indigenous issues are equally important to our clients. We have assisted our clients in relation to indigenous issues in Central and South America as well as Africa.

With many of Canada’s leading lawyers in all areas of Aboriginal law and a broad range of resources throughout our offices, we help our clients better understand Aboriginal and indigenous issues. We have successfully concluded numerous agreements with and or on behalf of Aboriginal and indigenous groups. In some cases we have helped resolve historic grievances or paved a new path forward through treaty or commercial arrangements. When necessary, we have also successfully defended our clients’ interests in court challenges, injunctions and regulatory proceedings, acting on numerous landmark cases in Aboriginal law in Canada.

Our Clients

We represent clients in the energy, oil and gas, mining, forestry, real estate, banking and finance, transportation, fisheries and aquaculture sectors, and all levels of government. We also provide strategic and necessary legal advice on Indigenous issues to clients working with lawyers in other areas of practice within our firm and to other law firms to supplement their expertise when necessary.

Our Expertise

  • Strategic analysis and risk assessments
  • Advice on doing business with Indigenous communities
  • Internal policy development
  • Consultation protocols and memoranda of understanding (MOUs)
  • Consultation tables and negotiations for exploration and development activities
  • Impact Benefit Agreements, joint ventures and other commercial arrangements
  • Injunction applications, litigation and dispute resolution
  • Band Council and reserve land issues
  • Consultation audits and training
  • Duty to consult, strength of claim and impact analysis
  • Treaty negotiation
  • Permitting and regulatory approvals

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