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Gregory McDade Q.C.,

Managing Partner

Education:

• B.Ed., University of Calgary 1974 (with distinction)
• LLB from University of British Columbia, 1978

Professional and Other Memberships:

• Law Society of British Columbia 1979
• Appointed Queen’s Counsel (B.C.) 1996
• Trial Lawyers Association of B.C.

Professional Experience:

• RATCLIFF & CO., North Vancouver 1997-present
• Managing Partner, 2001-present; Senior Litigation Partner
• SIERRA LEGAL DEFENCE FUND SOCIETY, Vancouver, 1990-1997
• Founding Executive Director and General Counsel
• MCDADE, HATTORI & CO. , Kelowna, 1979-1990
• (also named Peyton, McDade & Co., Peyton, McDade, Hattori & McAfee)
• Civil and Criminal Litigation Practice

Current practice: Major Litigation, General Counsel and business advice to First Nations on forestry, business and land use issues

• Strategic Negotiations, Major Projects, mining, forestry, real estate development, hydro
• Advisor to some of B.C.'s largest First Nation communities
• Aboriginal Title and Rights, Consultation and Accommodation
• Major Litigation, senior counsel for litigation team
• Judicial Review -- Extensive experience before all levels of Court, including Supreme Court of Canada, Federal Courts, and BC Supreme Court and Court of Appeal
• Corporate and Economic Development structuring for First Nations
• Public policy experience, including media and government relations
• Former Executive Director (founding), and General Counsel: Ecojustice Canada Society (formerly Sierra Legal Defence Fund Society) (1990-7) (environmental and administrative law litigation)

Recent Experience:

Business, Major Project and Accommodation Agreements:

• Whistler Master Development Agreements, in progress
• Prince Rupert Port Expansion, Road-Rail Terminal, Canpotex Terminal (potash), Ridley Coal Port (for Coast Tsimshian), complete, implementation in progress
• Pacific Trails Natural Gas Pipeline limited partnership (for 15 First Nations, Carrier – Sekani)
• Mining Agreement Negotiations (Endako, Mt. Milligan)
• Tree Farm Licence and Forest Licence purchases and General Counsel (Lax Kw’alaams and Squamish Nations), formation of Whistler Community Forest Licence
• Sea - to - Sky Highway Accommodation Agreement (Squamish)
• Proposed Ski Hill developments (Garibaldi, Squamish, Coquihalla, Coldwater)
• Forest and Range Agreements
• Independent Power Project negotiations (Lower mainland, interior, and North Coast)
• BC Hydro Transmission lines negotiations (Lower mainland, interior, and North Coast)
• Land Use Planning, Squamish Nation Xay Temixw Land Use Planning process (2001), Lax Kw’alaams (Prince Rupert),
• Real Estate Development, corporate and negotiations advice

Notable Environmental Litigation:

• Morton v. British Columbia, (2010), provincial regulation of aquaculture found unconstitutional
• Counsel, Cohen Commission into the decline of Fraser River Sockeye Salmon, (2010-2011) (for Dr. Alexandra Morton)
• MiningWatch Canada v Min. of Fisheries, (2010), Supreme Court of Canada decision re federal environmental assessment for mining
• Greenpeace Canada v. MacMillan Bloedel (1996); Supreme Court of Canada decision re Clayoquot protests in 1994;
• Friends of Oldman River Society (1991) Supreme Court of Canada decision establishing enforceability of Canadian environmental assessment;
• NEB v Hydro-Quebec (1994); Supreme Court of Canada decision confirming constitutionality of environmental assessment;
• Wood Buffalo National Park (1992); Federal Court decision banning commercial logging in National Parks.

Notable First Nation Litigation (including environmental):

• Deh Cho v AG Canada (2011), towards establishment of the  Edezhie Protected Area, 25,000 sq.km in NWT
• Kamloops v. BC and Canada, Tzeacten v. CLC et al; Pre-Colonial Reserve litigation, ongoing (Kamloops, Chilliwack)
• Rio Tinto Alcan v. Carrier-Sekani Tribal Council (2011), Supreme court of Canada, consultation in respect of damming of the Nechako River
• Kwikwetlem v. BCUC (2010, BCCA), Interior to Lower Mainland Hydro transmission line
• Huu-ay-aht v. Min. of Forests (2005, BCSC) Province's FRA policy declared invalid;
• Squamish Nation v. MSRM, (2004, 2005, BCSC) inadequate consultation on Garibaldi ski hill;
• Tsawwassen First Nation v. Port of Vancouver, (2004) civil action re Port,Ferry activities, (settled with Accommodation Agreement);
• Deh Cho Dene v. Canada, (2004-5, Fed Court) Mackenzie Valley Pipeline, (settled with Accommodation Agreement);
• Haida v. Minister of Forests, (2004), Supreme Court of Canada and BC Court of Appeal (2007), counsel for Intervenors (Squamish and Lax Kw'alaams), and (1996) counsel for Haida at trial on first Petition re TFL;
• Esquimalt and Songhees Nations v. Canada and B.C., (2006) Victoria Legislative Buildings site;{settled}
• Gitxsan v. Min of Forests (2002, BCSC) consultation re TFL transfer;
• Mathias v. Canada, (1997-9, Fed Court), Senior Co-Counsel (with John Rich); Squamish Nation action re former Kitsilano reserve; longest Federal Court trial in Canada

Public Policy Appointments:

• Burns Bog Ecosystems Review (1999 - 2000) BC Government
• Gulf Islands National Park Public Consultation (2000) Federal Government
• Inquiry into the Draining of Downton Lake (1996) BC Min of Environment

Recent Speaking Engagements:

Numerous for Continuing Legal Education Society of B.C., Canadian Bar Association, Pacific Business and Law Institute, and Insight Institute, including:

• Aboriginal Law Update (2011,PBLI)
• Mining in Aboriginal Communities    (2009, PBLI), Chaired conference
• Local Government 2009: How to Avoid Liability, Minimize Risk and Prepare for Market Change
• Aboriginal Rights and Title (2009)
• 2009 Aboriginal Law Conference: Overlapping Claims: Models for Dispute Resolution (2009, CBA)
• First Nations and the Environment: the North and beyond (2008), The Environmental Law Forum
• Winning Advocacy Skills Workshop (CLE, 2008), instructor
• Fundamentals of Judicial Review (2009) at Vancity Theatre

Co-author, Credit Unions: Governance in Challenging Times (2011) for Vancity and Mt. Lehman Credit Unions

Board Affiliations:

• Honorary Board member, Ecojustice Canada Society (formerly Sierra Legal Defence Fund Society)
• Honorary Board member, West Coast Environmental Law Association
• Former Board of Directors, incl. Chair, VanCity Enterprises Ltd.
• Former Board member, Center for Intergral Economics, Smart Growth (B.C.), Citizen’s Bank of Canada, Canadian Earthcare Society, Labor Environmental Alliance Society and others