
Kate M. Blomfield*
Legal Assistant & Paralegal:
Jade Fraser
Education
- 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
Year Of Call
- British Columbia, 2004
- Yukon, 2014
Awards & Accolades
- Recognized in the 2024 and 2023 editions of the Canadian Legal Lexpert Directory as a leading practitioner in Aboriginal law
- Commonwealth Scholarship, Queen’s University, Belfast, 2009
Kate is an experienced legal advisor to First Nations in British Columbia and Yukon with a focus on litigation, negotiation, and governance. Her collaborative approach has allowed Kate to engage closely with her Indigenous clients to advance claims and achieve their self-determined goals.
Kate also represents clients in:
- Structuring and undertaking negotiations
- Multi-party negotiations
- Internal governance matters
- Drafting and implementation of agreements
- Developing laws and policies for First Nations related to lands, resources, and governance
Prior to joining Ratcliff, Kate clerked with the Nunavut Court of Justice. She has appeared before all levels of Court in British Columbia, as well as the Supreme Court of Canada, the Federal Court and the Specific Claims Tribunal.
- First Nation of Na-Cho Nyak Dun v Yukon, 2024 YKCA 5 – representing the Intervenor Champagne and Aishihik First Nations in respect of the Crown’s obligations to act in accordance with the intended purposes of treaty, particularly in relation to land use planning;
- Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 – representing the Intervener Teslin Tlingit Council in respect of the applicability of the Canadian Charter of Rights and Freedoms to self-governing Yukon First Nations;
- Led the $35M settlement in 2024 of Huu-ay-aht First Nations’ claim against Canada for breaches of obligation in relation to logging in the 1950s and 1960s on HFN lands;
- Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 3 – representing the Intervenor Teslin Tlingit Council in respect of the applicability of the Canadian Charter of Rights and Freedoms to self-governing Yukon First Nations;
- Huu-ay-aht First Nations v. Canada, 2020 SCTC 4 – establishing Canada’s breaches of fiduciary obligation and the historical damages in relation to logging roads on HFN’s reserve lands and Canada’s failure to obtain adequate compensation;
- Teslin Tlingit Council v. Canada (AG), 2019 YKSC 3 – establishing that Canada has an obligation to negotiate a financial transfer agreement in accordance with TTC’s Final Agreement and Self-Government Agreement, particularly in relation to TTC Citizenship;
- Mikisew Cree First Nation v. Canada, 2018 SCC 40 – examining the Crown’s consultation obligations in relation to the development of legislation. Greg McDade and Kate Blomfield represented interveners – a coalition of modern treaty First Nations from the Yukon and BC. Although the Court found that the law-making process does not trigger a legal duty to consult, provisions of treaties requiring pre-legislative consultation were expressly noted as an exception;
- 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. Canada’s ’80/20′ compensation policy was rejected as insufficient with compensation to the First Nation totaling over $15 million. 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 (resolved);
- 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.
- Moderator, “Beyond Assessment: Cumulative Effects and S. 35 Rights,” CBA Aboriginal and Environmental, Energy & Resources Law Summit, April 2024
- Author, “Dickson v. VGFN, 2024 SCC 10 : Exploring the Application of the Canadian Charter of Rights and Freedoms to Indigenous Self-Government,” Ratcliff Publication, April 2024
- Co-Author, “Departure from Stare Decisis: Quebec Superior Court Sets Out New Aboriginal Rights Test in R. c. Montour, 2023 QCCS 4154,” Ratcliff Publication, February 2024
- Quoted, “Court hears Yukon government appeal over quashing of exploration project in Beaver River watershed,” CBC News, November 2023
- Author, “Enhancing our Client Service in Yukon,” Ratcliff News, October 2023
- Co-Chair, Pacific Business and Law Institute – Specific Claims Forum, February 2023
- Moderator, CBA Aboriginal Law Symposium (Indigenous Governance: Laws, Lands and Shared Decision-Making), June 2022
- Presenter, Damages in Specific Claims and in Court, PBLI Conference, April 2019
- News – Teslin Tlingit Council v. Canada
- Quoted – Specific Claims Tribunal decision stands for Huu-ay-aht First Nation as Canada discontinues review
- Quoted – Specific Claims Tribunal awards $13.8 million to Huu-ay-aht First Nations
- 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, Implementation of Commercial and Trade Rights at the CBA National Aboriginal Law Conference, Membertou, NS, June 2015
- Presenter, Recent Decisions of the Specific Claims Tribunal, CBA Aboriginal Law Section Meeting, October 2014
- Presenter, Provincial Laws and Aboriginal Title, at Affinity Institute Conference on The Significance and Implications of the Tsilhqot’in Decision, Vancouver, September 2014
- Secretary, Canadian Bar Association – Aboriginal Law Section
- Articling Clinician Mentor, Access Pro Bono Everyone Legal Clinic
Kate is an experienced legal advisor to First Nations in British Columbia and Yukon with a focus on litigation, negotiation, and governance. Her collaborative approach has allowed Kate to engage closely with her Indigenous clients to advance claims and achieve their self-determined goals.
Kate also represents clients in:
- Structuring and undertaking negotiations
- Multi-party negotiations
- Internal governance matters
- Drafting and implementation of agreements
- Developing laws and policies for First Nations related to lands, resources, and governance
Prior to joining Ratcliff, Kate clerked with the Nunavut Court of Justice. She has appeared before all levels of Court in British Columbia, as well as the Supreme Court of Canada, the Federal Court and the Specific Claims Tribunal.
- First Nation of Na-Cho Nyak Dun v Yukon, 2024 YKCA 5 – representing the Intervenor Champagne and Aishihik First Nations in respect of the Crown’s obligations to act in accordance with the intended purposes of treaty, particularly in relation to land use planning;
- Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 – representing the Intervener Teslin Tlingit Council in respect of the applicability of the Canadian Charter of Rights and Freedoms to self-governing Yukon First Nations;
- Led the $35M settlement in 2024 of Huu-ay-aht First Nations’ claim against Canada for breaches of obligation in relation to logging in the 1950s and 1960s on HFN lands;
- Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 3 – representing the Intervenor Teslin Tlingit Council in respect of the applicability of the Canadian Charter of Rights and Freedoms to self-governing Yukon First Nations;
- Huu-ay-aht First Nations v. Canada, 2020 SCTC 4 – establishing Canada’s breaches of fiduciary obligation and the historical damages in relation to logging roads on HFN’s reserve lands and Canada’s failure to obtain adequate compensation;
- Teslin Tlingit Council v. Canada (AG), 2019 YKSC 3 – establishing that Canada has an obligation to negotiate a financial transfer agreement in accordance with TTC’s Final Agreement and Self-Government Agreement, particularly in relation to TTC Citizenship;
- Mikisew Cree First Nation v. Canada, 2018 SCC 40 – examining the Crown’s consultation obligations in relation to the development of legislation. Greg McDade and Kate Blomfield represented interveners – a coalition of modern treaty First Nations from the Yukon and BC. Although the Court found that the law-making process does not trigger a legal duty to consult, provisions of treaties requiring pre-legislative consultation were expressly noted as an exception;
- 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. Canada’s ’80/20′ compensation policy was rejected as insufficient with compensation to the First Nation totaling over $15 million. 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 (resolved);
- 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.
- Moderator, “Beyond Assessment: Cumulative Effects and S. 35 Rights,” CBA Aboriginal and Environmental, Energy & Resources Law Summit, April 2024
- Author, “Dickson v. VGFN, 2024 SCC 10 : Exploring the Application of the Canadian Charter of Rights and Freedoms to Indigenous Self-Government,” Ratcliff Publication, April 2024
- Co-Author, “Departure from Stare Decisis: Quebec Superior Court Sets Out New Aboriginal Rights Test in R. c. Montour, 2023 QCCS 4154,” Ratcliff Publication, February 2024
- Quoted, “Court hears Yukon government appeal over quashing of exploration project in Beaver River watershed,” CBC News, November 2023
- Author, “Enhancing our Client Service in Yukon,” Ratcliff News, October 2023
- Co-Chair, Pacific Business and Law Institute – Specific Claims Forum, February 2023
- Moderator, CBA Aboriginal Law Symposium (Indigenous Governance: Laws, Lands and Shared Decision-Making), June 2022
- Presenter, Damages in Specific Claims and in Court, PBLI Conference, April 2019
- News – Teslin Tlingit Council v. Canada
- Quoted – Specific Claims Tribunal decision stands for Huu-ay-aht First Nation as Canada discontinues review
- Quoted – Specific Claims Tribunal awards $13.8 million to Huu-ay-aht First Nations
- 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, Implementation of Commercial and Trade Rights at the CBA National Aboriginal Law Conference, Membertou, NS, June 2015
- Presenter, Recent Decisions of the Specific Claims Tribunal, CBA Aboriginal Law Section Meeting, October 2014
- Presenter, Provincial Laws and Aboriginal Title, at Affinity Institute Conference on The Significance and Implications of the Tsilhqot’in Decision, Vancouver, September 2014
Awards & Accolades
- Recognized in the 2024 and 2023 editions of the Canadian Legal Lexpert Directory as a leading practitioner in Aboriginal law
- Commonwealth Scholarship, Queen’s University, Belfast, 2009
- Secretary, Canadian Bar Association – Aboriginal Law Section
- Articling Clinician Mentor, Access Pro Bono Everyone Legal Clinic
Year Of Call
- British Columbia, 2004
- Yukon, 2014
Education
- 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