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Charles Willms Vancouver Lawyer

Charles F. Willms *

Counsel Fasken
In ensuring fulfilment of the Crown’s consultation obligations, proponents should be involved in all phases of the process, especially where Indigenous groups raise concerns that should or could be answered by proponents, and may not be addressed adequately by the Crown.
Jurisdiction British Columbia, 1980
Language(s) English
Office(s) Vancouver
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Overview

Charles F. (Chuck) Willms has considerable experience in Indigenous, corporate social responsibility (CSR), commercial and constitutional matters.

Chuck’s industry knowledge encompasses the construction, energy, forestry, and mining sectors. Having represented clients at both levels of federal court, Chuck has also appeared before the supreme courts of BC and the Yukon; Alberta Court of Queen's Bench, and BC, Alberta; and Yukon courts of appeal. He has appeared numerous times in the Supreme Court of Canada.

He has extensive experience in alternate dispute resolution including negotiation, mediation, and arbitration. He is consistently ranked by top legal publications as one of the best lawyers in Canada for Indigenous law.

Achievements

  • Recognized nationwide as a Senior Statesperson in Aboriginal Law , Chambers Canada 2017 to 2026
  • Recognized in Alternative Dispute Resolution in Vancouver, The Best Lawyers in Canada 2014 to 2026
  • Recognized nationwide in Canada as a Senior Statesperson in Aboriginal Law, Chambers Global 2012 to 2026
  • Recognized in Aboriginal Law / Indigenous Practice in Vancouver, The Best Lawyers in Canada 2006 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Aboriginal Law, Lexpert 2009 to 2023
  • Aboriginal Law, The Legal 500 Canada 2019
  • Named in Benchmark Litigation Canada, Benchmark Litigation Canada 2018
  • Leading Energy Lawyers, Lexpert Canada’s Leading Energy Lawyers 2016
  • Leading Energy Lawyers, Lexpert Canada’s Leading Energy Lawyers 2015
  • Local litigation star and Litigation star for Aboriginal law, Benchmark Canada 2013 to 2014
Benchmark Litigation Publication name with laurels Benchmark Litigation Canada Named in Benchmark Litigation Canada Recognized as a "Litigation Star" in Aboriginal, Competition, Environmental and Commercial Litigation in BC
2016 Lexpert Canada’s Leading Energy Lawyers Leading Energy Lawyers ROB/Lexpert’s Canada’s Leading Energy Lawyers, November 2016
2015 Lexpert Canada’s Leading Energy Lawyers Leading Energy Lawyers Lexpert® Canada's Leading Energy Lawyers, Report on Business, November 2015

Experience

  • Site C Litigation, [Case - BC Hydro and Power Authority], Advised BC Hydro & Power Authority on a number of challenges to Site C project approvals.
  • Vancouver International Airport and Musqueam Indian Band sign momentous agreement for shared benefit, [Case - Vancouver Airport Authority], Advised Vancouver Airport Authority regarding the negotiation and completion of landmark long-term relationship agreement with Musqueam Indian Band for shared benefit. Fasken Martineau was counsel to the Vancouver Airport Authority with a team that included Amy Carruthers, Kerry Kaukinen and Chuc...
  • Da’naxda’xw/Awaetlala First Nation v. British Columbia (Energy Mines and Natural Gas), 2016 BCCA 163;, [Case - BC Hydro], A First Nations group and independent power project proponent applied for judicial review of a direction given to BC Hydro pursuant to a commitment made by a minister of the provincial government to in relation to a run of the river power project. The part of the application seeking relief agains...
  • Voters Taking Action on Climate Change v. British Columbia (Energy and Mines), 2015 BCSC 471, [Case - Texada Quarrying], Fasken Martineau acted for the respondent, Texada Quarrying Ltd. (TQL) in the judicial review of two decisions regarding the proposed expansion of their coal storage and handling operation on Texada Island. The first of the two decisions was that of the Chief Inspector of Mines - Minister of En...
  • Site C Indigenous Legal Issues, [Case - BC Hydro and Power Authority], Site C is a large hydroelectric dam, generating station and related facilities being constructed on the Peace River in northeast British Columbia, that will provide enough electricity to power the equivalent of 450,000 homes. BC Hydro began constructing Site C in 2015 following a lengthy review a...
  • Tsilhqot'in Nation v. British Columbia, 2014 SCC 44, [Case - Confidential Clients], On June 26, 2014, the Supreme Court of Canada released its widely anticipated decision in Tsilhqot'in Nation v. British Columbia, 2014 SCC 44 providing more certainty on the test for Aboriginal title and the application of provincial laws to Aboriginal title lands. In short, semi-nomadic or noma...
  • Haisla Nation v. Bear Creek Contracting Ltd., 2012 BCSC 1912, [Case - Bear Creek Contracting], Link to decision: Haisla Nation v. Bear Creek Contracting Ltd., 2012 BCSC 1912
  • Allard v. Assessor of Area #24 - Cariboo, 2012 BCSC 1278, [Case - James T. Allard], Link to decision: Allard v. Assessor of Area #24 - Cariboo, 2012 BCSC 1278
  • Whistler (Resort Municipality) v. Whistler Aggregates Ltd., 2012 BCSC 151, [Case - Whistler Aggregates], Application for an anti-suit injunction requiring the discontinuance of litigation brought in the state of Texas. Gavin Cameron was counsel to Radu and Marina Baciu and Sep-Plast Consulting Ltd.

Career & Education

Education

  • LLM Harvard Law School
  • LLB, (Gold Medallist) University of Victoria
  • BSc Simon Fraser University

Memberships & Affiliations

  • Former Director, British Columbia Stone, Sand and Gravel Association (BCSSGA)
  • Former Member, BC Roadbuilders and Heavy Duty Construction Association
  • Former Member, Prospectors and Developers Association of Canada Member of Aboriginal Affairs Committee (PDAC)
  • Former Member, British Columbia Business Council - Aboriginal Affairs Committee
  • Former Member, Law Society of Yukon
  • Former Member, Law Society of Alberta

 

Knowledge

  • Northern Gateway Pipeline – FCA Finds Failure to Fulfill Duty to Consult, 7/14/2016
  • Landmark Ruling Declares Tsilhqot’in Hold Aboriginal Title, 6/26/2014
  • William v. British Columbia, 2012 BCCA 285, 6/28/2012

Events

  • Aboriginal Law - Case Law Update 2016, 2/2/2016
  • Aboriginal Law Update 2014: Tsilhqot'in Nation (Roger William Decision), 7/2/2014
  • Fasken Martineau Symposium 2013 - Vancouver, 10/30/2013
  • Aboriginal Law Update 2013, 5/31/2013
  • Aboriginal Law Update - September 28, 2012, 9/28/2012
  • Aboriginal Land Resource Management Forum, 1/31/2012
  • Plan Nord: What Every Investor Should Know, 1/26/2012

News

  • 59 Fasken Lawyers in 25 Practice Areas Recognized in the 2022 Chambers Global Guide, 2/17/2022
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Chambers Global 2018 recognizes 54 Fasken lawyers in 19 practice areas firm-wide, 2/19/2018
  • Fasken Doubles Top Tier Rankings in Legal 500 Canada 2018, 12/7/2017
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • Fasken Martineau receives Band 1 rankings in four practice areas in Chambers Global 2017, 3/20/2017
  • Chambers Canada 2017 Guide recognizes 83 Fasken Martineau lawyers and names us “Employment Law Firm of the Year”, 10/3/2016

Publications

  • Canadian Mining Law, 7/31/2014
  • Tsilhqot'in Nation v. British Columbia, 11/23/2007
  • Supreme Court of Canada Rejects Provincial Ability to Justify Infringements of Treaty Rights: R. v. Morris, 2006 SCC 59, 12/1/2006
  • Ontario Court Restrains Mining Exploration as a Result of Failure of the Province to Consult with First Nation, 8/4/2006
  • Alberta Court of Appeal Considers Duty to Consult in Relation to Private Land, 4/1/2006
  • Governments Must Consult on Treaty Lands, 2/1/2006
  • The Hupacasath Decision: Court Restricts Use of Private Land Pending Consultation Between a First Nation and the Province, 12/12/2005
  • Huu-Ay-Aht First Nation et al v. The Minister of Forests et al, 2005 BCSC 697, 5/13/2005
  • BC Government Ordered to Consult with Musqueam on Golf Course Sale to UBC, 3/8/2005
  • Court Orders Further Consultation on Skeena but Dismisses Balance of Relief Sought by Gitanyow, 1/6/2005

Speaking Engagements

  • Aboriginal Program - Revenue Transparency and the Disclosure to Aboriginal Communities: Helpful Tool or Impending Obstacle?, 3/8/2016
  • Aboriginal Forum, 3/7/2016
  • Aboriginal Forum: Sharing experiences and strategies from Canada’s north, 3/2/2015
  • Who are the Rights Holders and Who Can Consult on Their Behalf?, 5/28/2014
  • Key Legal Cases in Canada: the current landscape, 3/4/2014
  • Aboriginal Forum and Program at PDAC Convention 2012, 3/4/2012
  • Tsilhqot'in First Nation v. British Columbia: The Immediate Impact and Next Steps, 3/4/2008
  • Prospectors and Developers Association of Canada: Convention 2007, 3/4/2007
  • Forestry 2006: Industry Challenges and First Nations' Opportunities, 11/23/2006
  • 2nd Annual Aboriginal Consultation Conference, 6/28/2006
Aboriginal Program - Revenue Transparency and the Disclosure to Aboriginal Communities: Helpful Tool or Impending Obstacle? PDAC 2016 Convention location location Toronto
Aboriginal Forum PDAC 2016 Convention location location Toronto
Aboriginal Forum: Sharing experiences and strategies from Canada’s north PDAC 2015 Convention location location Toronto