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Tracy Pratt Toronto Lawyer

Tracy A. Pratt

Partner Fasken
Jurisdiction Ontario, 1995
Language(s) English
Office(s) Toronto
Tracy Pratt’s practice is focused on Indigenous law and related areas, complex commercial litigation and securities litigation, including corporate crime.
In her Indigenous law practice, Tracy works regularly with clients in the mining, oil and gas and energy sectors, and land developers. Tracy has advised several municipalities and cities, as well as governmental entities managing significant infrastructure projects. She has provided guidance to individual private property owners.
Advising clients on a broad spectrum of Indigenous law issues, Tracy assists clients with, among other things, Indigenous and treaty rights claims, obligations of government and proponents respecting the duty to consult in various regulatory contexts, UNDRIP, engagement of, and partnering with, Indigenous communities and businesses, and commercial agreements.
Tracy has represented clients in litigation arising out of blockades or work stoppages, including several high-profile injunctions. She also has acted for clients in judicial review applications, land claims and other lawsuits and arbitrations and in connection with various consultation or regulatory processes. She advises clients on interpretation and implementation of, and dispute resolution arising out of, impact and benefits and other agreements.
On the business side of her Indigenous practice, Tracy frequently advises and assists clients with MOUs, exploration, impact and benefits, joint venture, partnership and other commercial collaborations with Indigenous communities. She assists with infrastructure and other project RFPs and contracts, Indigenous procurement initiatives and due diligence reviews.
In her ESG practice, Tracy provides guidance and assistance to clients on such issues as business and human rights including social risk audits and litigation, social license to operate, and anti-corruption.
In her securities litigation and regulatory practice, Tracy’s experience includes regulatory investigations and proceedings including quasi-criminal charges, contested mergers and acquisition transactions, corporate governance disputes and class actions.
Recently, Tracy’s complex commercial litigation experience has been largely acting for mining companies. She presently is co-counsel in three high-profile human rights/CSR cases in which foreign Indigenous plaintiffs are suing the parent mining company in negligence for the alleged criminal conduct and serious human rights abuses of its foreign subsidiary.
Tracy’s expertise has been recognized by Benchmark Canada and the Canadian Legal Lexpert Directory.

  • Recognized in Ontario as a Litigation Star in Aboriginal Law, Benchmark Litigation Canada 2017 to 2021
  • Recognized in the Canadian Legal Lexpert Directory in Indigenous Law, Lexpert 2014 to 2021
  • Recognized nationwide in Indigenous Law, The Legal 500 Canada 2018 to 2019
Date Client


  • LLB Dalhousie University
  • BA University of Western Ontario

Community involvement

  • Adjunct Professor, University of Toronto Faculty of Law “Securities Law in the Adversarial Setting” (2010-2015)
  • Nightwood Theatre Lawyer’s Show (2018-2021)

Memberships & Affiliations

  • Member, The Advocates' Society
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
Article New Challenges to Exploration in Ontario Ontario Prospector, Volume 18, Issue 1
Article Tsilhqot'in case: What it means for resource development in Ontario The Northern Miner, Volume 100 Number 28
Article Consultation – Then and Now Ontario Bar Association
Getting to Yes 5th Annual Ontario Mining Forum location location Thunder Bay
Aboriginal Title in Canada Fasken Martineau's PDAC Primer Seminar location location Toronto
Challenges to Development in Ontario Toronto Fasken Martineau Mini-Symposium


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