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Indigenous Legal Matters


We find common ground with Indigenous Peoples.
We are at the forefront of concluding agreements for Canadian resources companies. Arguing landmark cases, resolving long-standing issues, and charting a new path forward.
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Overview

Fasken has the depth of experience needed to guide project proponents to successful relationships and outcomes with Indigenous Peoples.

Relationships with Indigenous (First Nations, Métis and Inuit) Peoples are critical to the success of contemporary developments anywhere in Canada. Fasken has hard earned experience in the development of these relationships and the strategies, policies and approaches that can lead to practical long term success.

Members of our group are spread across all our offices and have unparalleled experience in all aspects of Indigenous law in Canada (and around the World), including: reserve land development, consultation and accommodation, commercial agreements, impact and benefit agreements (IBAs) and all aspects of environmental assessment and permitting.

As in all areas of law, conflicts do sometimes arise. Fasken has the benefit of being involved from the very beginning of the development of Indigenous law in Canada. We have argued landmark cases before the Supreme Court of Canada redefining the concepts of Indigenous title and rights as well as establishing the principles associated with consultation and accommodation. We also have extensive experience with successfully defending challenges to permits and licenses by judicial review and pursuing practical and efficient injunctions to allow projects to continue development.

Our experience in all levels of court has allowed us to develop a deeper understanding of Indigenous law in Canada, but also allowed us to understand the critical importance of establishing good relationships with Indigenous Peoples from the very beginning of project development.

Our clients include natural resource and energy companies, large and small businesses, First Nations and all levels of government working on development projects that range from pipelines to fish farms and hydro-electric facilities to mines.

Fasken is recognized for having decades of groundbreaking experience in the legal aspects of relations with Indigenous Peoples. With one of Canada’s largest groups focusing on this area, we advise colleagues from all of our other practices and are often sought after directly for our expertise by clients and law firms across Canada and around the world.

Subscribe to our LinkedIn page on “Indigenous Law” as well as to receive our Indigenous Law Bulletins, browse our recent client work or contact any of our lawyers to learn more.

Guiding community relationships with Indigenous Peoples with practical and innovative strategies across Canada, Latin America and Africa.

Achievements

  • Ranked nationwide as top tier (Band 1) in Aboriginal Law, Chambers Canada 2013 to 2026
  • Ranked nationwide in Canada as top tier (Band 1) in Aboriginal Law, Chambers Global 2018 to 2026
  • Ranked nationwide in Canada in Aboriginal and/or Indigenous law, The Globe and Mail 2022 to 2026
  • Ranked nationwide as top tier (Tier 1) in Indigenous Law, The Legal 500 Canada 2018 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Aboriginal law, Canadian Legal Lexpert Directory 2022 to 2026
  • Recognized in Aboriginal Law / Indigenous Practice, The Best Lawyers in Canada 2020 to 2025
  • Winner of Aboriginal Law Firm of the Year, Benchmark Canada 2014

Team

Primary Contacts
  • Kevin O'Callaghan, Partner | Leader, Indigenous Legal Matters, Vancouver, BC, +1 604 631 4839, [email protected]
  • Brenden Hunter, Partner | Energy and Climate, Calgary, AB | Tsuut'ina, AB, +1 403 261 6157, [email protected]
  • Christopher J. Rae, Partner | Litigation and Dispute Resolution, Toronto, ON, +1 416 865 4551, [email protected]
  • Kai Alderson, Partner | Co-Leader, ESG and Sustainability, Vancouver, BC, +1 604 631 4956, [email protected]
  • Bridget Gilbride, Partner | Indigenous Legal Matters, Vancouver, BC, +1 604 631 4891, [email protected]
Kevin O'Callaghan, Partner | Leader, Indigenous Legal Matters Kevin O'Callaghan Partner | Leader, Indigenous Legal Matters Vancouver, BC +1 604 631 4839
Brenden Hunter, Partner | Energy and Climate Brenden Hunter Partner | Energy and Climate Calgary, AB Tsuut'ina, AB +1 403 261 6157
Christopher Rae Toronto Lawyer Christopher J. Rae Partner | Litigation and Dispute Resolution Toronto, ON +1 416 865 4551
Kai Alderson, Partner | Co-Leader, ESG and Sustainability Kai Alderson Partner | Co-Leader, ESG and Sustainability Vancouver, BC +1 604 631 4956
Bridget-Gilbride-Lawyer-vancouver Bridget Gilbride Partner | Indigenous Legal Matters Vancouver, BC +1 604 631 4891

Experience

  • Awendio Solaris completed new partnership with The Mohawk Council of Kahnawake (MCK), [Deal - Awendio Solaris], Major renewable energy project.
  • Komline acquires BI Pure Water (Canada) Inc., [Deal - Komline-Sanderson Group, Inc.], Acquisition in the wastewater and water treatment plant industry
  • Stonlasec8 Indigenous Alliance Limited Partnership completes C$715 million acquisition of 12.5% in Enbridge’s Westcoast pipeline, [Deal - TD Securities Inc.], Indigenous communities partnership complete partial acquisition of pipeline.
  • Ecoener invests in special purpose vehicle for wind energy project in BC, [Deal - ], Ecoener invests in SPV for Nilhts’i Ecoener Wind Farm Project.
  • Confidential client closes a C$110 million secured bilateral credit facility to a Saskatchewan-based First Nation, [Deal - Confidential Client], Lender’s counsel for C$110 million secured bilateral credit facility obtained by First Nation.
  • Court dismisses application for judicial review of Roberts Bank Terminal 2 approval, [Case - Vancouver Fraser Port Authority], VFPA wins key Federal Court case, advancing new marine terminal project
  • Indigenous Gaming Partners completes acquisition of PURE Canadian Gaming from ONCAP, [Deal - Indigenous Gaming Partners Inc.], Newly established gaming company acquires premier regulated casino operator from one of Canada’s leading private equity firms.
  • BURNCO completes acquisition of Hammerstone Infrastructure Materials from Brookfield, [Deal - BURNCO Rock Products Ltd.], Leading aggregate construction materials company acquires premier provider of high-quality limestone aggregates from Brookfield.
  • Hudbay Minerals Inc. defends against claims of negligence in the context of alleged sexual assaults in the location of a foreign subsidiary, [Case - Hudbay Minerals Inc.], Canadian mining company defends against negligence claims relating to alleged human rights abuses in Guatemala.

Knowledge

  • Secession Referendum Halted: Alberta Must Consult First Nations Before Proceeding, 5/28/2026
  • Aboriginal Title and Evidence of Past Use: The Nuchatlaht Decision, 4/30/2026
  • 2026 Update on Trends in Indigenous Equity Investments in Canada, 4/28/2026
  • 2026 ESG Disclosure Study, 3/3/2026
  • Cutting a Gordian Knot – The Canada-Alberta Energy MOU and the Path Forward, 1/19/2026
  • New Brunswick Court of Appeal Finds Aboriginal Title Cannot Co-Exist with Fee Simple Title, 1/6/2026
  • Federal Court Sets Test for Duty to Consult US Tribes, 12/19/2025
  • UNDRIP in Action: British Columbia Court of Appeal Issues Decision in Gitxaała v. British Columbia (Chief Gold Commissioner), 12/5/2025
  • Investing in Canada’s Energy Sector: The Building Canada Act and Indigenous Equity Partnerships, 11/24/2025
  • Federal Procurement Strategy for Indigenous Business (PSIB) Faces Further Scrutiny at the Human Rights Commission, 7/30/2025

Events

  • Opportunities for Indigenous Ownership, Investment and Participation in Major Projects, 3/2/2026
  • Fasken Global Mining Group Seminar Series, 2/23/2026
  • Navigating Indigenous Involvement in Shaping Canada’s Major Projects, 12/9/2025
  • Developments in Indigenous Case Law, 2/27/2025
  • Symposium 2024 - Navigating Indigenous Equity Investments: Structuring, Sequencing and Strategies for Success, 11/21/2024
  • Key Court Decisions in Aboriginal Law and Indigenous Legal Matters, 10/2/2024
  • Indigenous Community Engagement in a Changing World, 2/29/2024
  • Series of Events: Economic Reconciliation with Indigenous Peoples, 12/7/2023
  • Symposium 2023 - Update on Indigenous Legal Issues, 11/16/2023
  • Energy and Decarbonization Projects: an Opportunity for Reconciliation with Indigenous Peoples, 9/27/2023

News

  • Zach Romano discusses the growing importance of Indigenous partnerships for the successful completion of major projects in The Globe and Mail, 5/4/2026
  • Bulletin on Indigenous equity investments co-authored by Amy Carruthers, Erin McKlusky and Tara Bishop referenced in Time Magazine, 3/23/2026
  • Fasken Shines in The Best Lawyers in Canada™ 2026 Guide with Hundreds of Lawyers Recognized, 9/4/2025
  • Bulletin co-authored by Amy Carruthers and Erin McKlusky referenced in Time Magazine, 6/27/2024
  • Trusted Government Advisor Joins Fasken, 6/17/2024
  • The Globe and Mail quotes Perry Bellegarde in an article on First Nations Bank of Canada planning to expand wealth-management services for Indigenous clients, 7/10/2023
  • Northern Miner quotes Sophie Langlois and Zach Romano in an article on Indigenous participation in ESG, 3/15/2023
  • Fasken Benchmark ESG Survey Sheds Light on Key Trends For Corporate Decision-Makers, 1/9/2023
  • Fasken Team Helps Clients Align ESG With Their Business Objectives, 9/21/2022
  • Fasken Wins “Natural Resources Law Firm of the Year” in the 2023 Best Lawyers in Canada Guide, 8/25/2022

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