First Nations Consultation,
Negotiation & Accommodation
Ensuring and protecting First Nations’ seat at the table
Consultation with First Nations and accommodation of First Nations’ interests is required when governments are contemplating conduct. We are recognized leaders for our work with Indigenous clients in negotiating and litigating the Crown’s obligation to consult with and accommodate constitutionally-protected Aboriginal rights, title and treaty interests.
Our lawyers continue to lead landmark consultation cases, and have collectively handled hundreds of negotiations with provincial and federal Crowns and/or third-party project proponents which have resulted in significant economic and cultural protection benefits for our First Nation clients.
We can assist with all levels of negotiation and litigation, including:
- Assessing the potential benefits in a proposed project
- Managing the consultation process for First Nations
- Negotiating accommodation arrangements and benefits packages
- Preparing and executing litigation related to the Crown’s failure to discharge its legal duty
When needed, our team has decades of experience pursuing court action to enforce our clients’ consultation rights before all levels of court, including the Supreme Court of Canada.
- Coldwater Indian Band v. Canada (Attorney General) and Trans Mountain ULC; Squamish Nation v. Canada (AG) and Trans Mountain ULC, 2018-2020 – Multiple decisions regarding First Nation challenges to the approval of the Trans Mountain Pipeline Expansion project
- Haida Nation v. British Columbia (Minister of Forests) – Intervenors for the Squamish Nation and Lax Kw’alaams Indian Band in the Supreme Court of Canada
- Squamish Nation and Lil’wat Nation in accommodation negotiations and agreements relative to the 2010 Olympic and Paralympic Winter Games
- Numerous First Nations in forestry, fisheries, mining and energy matters on their territories
- Numerous First Nations in negotiating comprehensive benefits agreements resulting from effects of the Pacific Trails LNG pipeline
- Landmark accommodation agreements concerning the rapid development of the Port of Prince Rupert
- Negotiating significant accommodation agreements for First Nations affected by mining development in British Columbia, Yukon and Ontario