500 - 221 West Esplanade
North Vancouver BC V7M 3J3
Tel: (604) 988-5201
Fax: (604) 988-1452
B.A. (Hons), University of British Columbia, 1997
LL.B, University of Victoria, 2002
LL.M (Dist), Law & Governance, Queen’s University Belfast, 2009
Clerk, Nunavut Court of Justice
Kate M. Blomfield
Kate has been acting for First Nations since 2003 when she joined Ratcliff & Company LLP after clerking with the Nunavut Court of Justice. Her practice focuses on litigation, negotiations and governance matters for First Nations clients in BC and the Yukon.
Kate has appeared before all levels of Court in British Columbia, the Federal Court and the Specific Claims Tribunal. Recent cases that Kate has worked on include:
- Huu-ay-aht First Nations v. Canada, 2016 SCTC 14; 2014 SCTC 7, the first Specific Claims Tribunal decision to award compensation and to address current compensation for historical losses. Compensation to the First Nation totaled over $15 million and Canada’s judicial review to the Federal Court of Appeal was discontinued;
- Champagne and Aishihik First Nations, Little Salmon/Carmacks First Nation and Teslin Tlingit Council v. AG Canada and Government of Yukon (YKSC)– a constitutional challenge to amendments to Yukon’s development assessment legislation (in progress);
- Tzeachten First Nation, Skowkale First Nation and Yakweakwioose First Nation et al. v. CLC et al. (BCSC), an aboriginal title and colonial reserve claim (settled);
- Tsilhqot'in Nation v. BC, 2014 SCC 44, for the interveners CRCA and Council of Canadians in support of Tsilhqot'in title; and
- Ahousaht First Nation v. Canada, 2013 BCCA 300 (leave to SCC denied), the first case in Canada to establish an aboriginal right to fish and sell a wide variety of fisheries resources.
Kate also represents First Nations in multi-party negotiations and assists First Nations with internal governance matters. Kate engages with communities, structures and undertakes negotiations, and drafts agreements, laws and policies for First Nations relating to lands, resources, and governance.
Kate is called to the Bars of British Columbia and Yukon, and in 2009 completed her LL.M in Law & Governance at Queen’s University, Belfast, on a Commonwealth Scholarship.
- Law Society of British Columbia, 2004
- Executive Member, CBA Aboriginal Law, Vancouver Section, 2012 - Present
RECENT PRESENTATIONS AND PUBLICATIONS
- Presenter on Critical Pre-litigation issues: Practical Guidance and Best Practices at Affinity Institute Conference on Aboriginal Title Litigation – February 2016
- Interviewed by the Lawyers Weekly regarding Louie v. Louie 2015 BCCA 247
- Presenter on Implementation of Commercial and Trade Rights at the CBA National Aboriginal Law Conference, Membertou, NS, June 2015
- Presenter on Recent Decisions of the Specific Claims Tribunal, CBA Aboriginal Law Section Meeting, October 2014
- Presenter on Provincial Laws and Aboriginal Title, at Affinity Institute Conference on The Significance and Implications of the Tsilhqot’in Decision, Vancouver, September 2014