Aboriginal

Our Group

Miller Thomson’s Aboriginal Law Group is comprised of lawyers with a dedicated aboriginal law practices, as well as colleagues in other disciplines across Canada. Our legal professionals have an in-depth understanding of aboriginal law issues and the challenges that can arise in this field. With our knowledge and experience in this complex and unique area of law, we are poised to assist with every legal need in a professional and cost-effective manner.

Our Expertise

We offer expert knowledge and practical advice in connection with:

• Aboriginal consultation in resource and real estate development
• Negotiation and drafting of Impact Benefit Agreements and related Participation Agreements
• Business development and joint ventures
• Aboriginal and treaty rights
• Health, child welfare and education
• Specific claims
• Breach of fiduciary duty claims
• Past grievance and settlement negotiations
• Natural resource acquisition and management
• Environmental Assessments
• Resource revenue / benefit sharing
• Gaming
• Program transfers
• Taxation

We also have extensive experience negotiating First Nations, Inuit and Métis issues at all levels of government.

Representative Work

Recent examples of our representative work include:

• Negotiated and drafted a number of Impact Benefit Agreements in British Columbia, Ontario and Newfoundland and Labrador
• Provided advice to various aboriginal and industry representatives in British Columbia, Alberta and Ontario and Newfoundland and Labrador in natural resource and real estate development sectors in relation to consultation and provided both legal and business strategic advice as to addressing aboriginal issues.
• Negotiated specific land claims in Alberta
• Provided advise to provincial governments with respect to comprehensive land claims
• Acquired Provincial Crown Land for the provision of lumber stocks in British Columbia and Alberta
• Negotiated provincial claims focused on natural resources
• Negotiated joint venture agreements and partnership agreements in relation to hydro and mining activities in the British Columbia, Newfoundland and Labrador, Ontario and the Northwest Territories
• Represented First Nations on environmental issues arising in the context of the forestry and mining industries
• Represents large hydro companies on past grievance negotiations and negotiations of settlement agreements;
• Represents large mining companies with respect to the negotiation of impact and benefit agreements
• Advised several Métis settlements on the implications of provincial legislation including the minimization or elimination of tax, structuring and negotiating joint venture and other participatory agreements
• Represented parties in litigation with respect to leasing issues, the Crown’s fiduciary duties, past project liabilities, treaty litigation, trespass and nuisance on reserve lands
• Assisted with the provision of conventional funding for First Nation and aboriginal institutions faced with difficulties in raising funds to put forth claims or for business development
• Developed a joint venture agreement for a number of aboriginal groups for the establishment of a communications network