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Practices

Indigenous Law

Fasken

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

 

Relationships with Indigenous (Aboriginal - First Nations, Métis and Inuit) communities 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 Aboriginal law in Canada. We have argued landmark cases before the Supreme Court of Canada redefining the concepts of Aboriginal 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 Aboriginal law in Canada, but also allowed us to understand the critical importance of establishing good relationships with Indigenous communities 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 communities. 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 Linked In page on “Indigenous Law” as well as to receive our Aboriginal Law Bulletins, browse our recent client work or contact any of our lawyers to learn more.

 

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

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