Aboriginal

With many of Canada’s leading lawyers in all areas of Aboriginal law, Miller Thomson’s Aboriginal Law Group provides a national platform for sophisticated and strategic advice to industry, Indigenous peoples, crown entities and governments on a full suite of legal services.  Our clients recognize the critical role that Indigenous peoples will play as drivers of our economy in the years to come.

In facilitating project development, we advise on all matters involving Aboriginal consultation and accommodation, including negotiating participation and benefit agreements, environmental assessments, permitting and other regulatory approvals. We provide in depth knowledge and expertise in matters involving Aboriginal and treaty rights, as they relate to reserve land development, land claims, treaty land entitlement claims, past grievances, First Nations Land Management and governance.

Our team appreciates the unique and challenging issues at stake and can draw upon both our national platform and regional strengths providing advice that is particular to the legal landscape and unique Aboriginal or treaty rights present in each jurisdiction.

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Miller Thomson recognized in Chambers Global 2017

Miller Thomson’s national Labour & Employment group has been named in the 2017 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. Chambers & Partners conducts extensive annual research of legal markets to identify the leading firms...

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New edition of Essential Law for Social Work Practice in Canada

Miller Thomson’s National Health Industry Group is pleased to announce the third edition of Essential Law for Social Work Practice in Canada. Individuals who need social work services have problems that are complex and multifaceted. To best serve their clients,...

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Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017

126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....

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Success at Federal Court of Appeal

In Reynold Dickie v. Her Majesty to Queen (2012 TCC 242), the Tax Court of Canada ruled that income from Mr. Dickie’s sole proprietorship was business income earned by an Indian under the Indian Act that is situate on reserve,...

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Miller Thomson lawyers obtain $90,000 award in Tax Court of Canada.

Sarah Hansen and Kelsey Thompson of Miller Thomson Vancouver and co-counsel Robert Janes of JFK Law Corporation successfully obtained a $90,000 lump sum cost award representing 60% of the client’s solicitor and client costs that far exceeded the tariff rate...

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Miller Thomson Successful on Appeal of Reassessment of Tax under the Income Tax Act for an Aboriginal Business on Reserve.

Sarah Hansen, Partner at Miller Thomson’s Vancouver office, and co-counsel Robert Janes of Janes Freedman Kyle Law Corporation, successfully appealed a reassessment that business income earned by an Indian under the Indian Act that is situated on reserve is exempt...

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Prominent First Nations Negotiator Joins Miller Thomson’s Growing Saskatchewan Presence

TORONTO, March 16, 2012 – Canadian business leaders must adopt a policy of respect, transparency and consensus in order to engage in meaningful consultation with First Nations communities across Canada, according to W. Thomas Molloy, one of Canada’s most prominent...

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W. Thomas Molloy, O.C., Q.C. receives the Queen’s Diamond Jubilee Medal

Miller Thomson Saskatchewan is proud to announce that on Monday, February 6, 2012, Tom Molloy of the Saskatoon office will be honoured at a ceremony being held at Government House in Regina by receiving the Queen’s Diamond Jubilee Medal from the Saskatchewan...

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W. Thomas Molloy, O.C., Q.C. has joined the Saskatoon office as counsel.

Tom Molloy was called to the Saskatchewan bar in 1965.  Tom practices primarily in the areas of Aboriginal and Business law.  Over the four decades that Tom has been practicing law, he has been instrumental in numerous Aboriginal claims settlements across...

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Miller Thomson lawyers are featured authors in the recently released “2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada” detailing key developments in a number of practice areas.

In the just released 2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, a group of Miller Thomson practitioners were asked to share their insights into significant developments impacting the areas of Aboriginal law, Energy and Natural Resources,...

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Sandra Gogal speaks on Fundamentals of Indigenous Peoples and Canadian Law

Sandra Gogal is Program Director of the Osgoode Certificate in Fundamentals of Indigenous Peoples and Canadian Law on “The Duty to Consult and Accommodate”.

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Amyn Lalji speaks at Canadian Aboriginal Minerals Association conference

Amyn Lalji is a presenter on the Legal Panel at the Canadian Aboriginal Minerals Association Conference.

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Gerald Chipeur, Q.C. speaks on the duty to consult Indigenous Peoples: How has the landscape changed?

Gerald Chipeur, Q.C. speaks on the duty to consult Indigenous Peoples, how the landscape has changed and a discussion on the impact of the Supreme Court of Canada’s recent Clyde River and Chippewas decisions on Monday, August 21, 2017.

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Sandra Gogal speaks on Legal and Practical Guide to Consultation with Indigenous Peoples

Sandra Gogal is Program Chair of the 2017 Legal and Practical Guide to Consultation with Indigenous Peoples on “Introduction to Consultation: Who, What and Why”.

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Sandra Gogal speaks at the Canadian Mining Symposium

Sandra Gogal will be presenting on “Opportunities with Aboriginal Communities” at the Canadian Mining Symposium in London, England.

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Sandra Gogal speaks at the CBA Environment, Energy & Resources Law Summit

Sandra Gogal is presenting on “Recent Developments in the Law and Practice of Aboriginal Consultation” at the CBA Environment, Energy & Resources Law Summit.

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Miller Thomson Aboriginal group speaks at PBLI conference

Sandra Gogal and Amyn Lalji co-chair Pacific Business & Law Institute’s conference on “Key Agreements between Industry and First Nations: Achieving Certainty & Fairness”. Our lawyers will also be presenting: Building Relationships between First Nations and Industry (Sandra Gogal) Drafting...

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Mike Nienhuis moderates First Nations panel at real estate forum

Mike Nienhuis moderates the session on “Working with First Nations: Land Development in Metro Vancouver” at the 23rd annual Vancouver Real Estate Forum.

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Sandra Gogal speaks on Fundamentals of Aboriginal Law

Sandra Gogal is Program Chair of the Osgoode Certificate in Fundamentals of Aboriginal Law on “The Duty to Consult and Accommodate”.

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Sandra Gogal speaks at Aboriginal Consultation & Engagement conference

Sandra Gogal speaks at the Canadian Institute’s Aboriginal Consultation & Engagement conference in Toronto. She speaks on May 17 on the subject of “Implementing the Extractive Sector Transparency Measures Act” as well as hosting a workshop on May 18 on the...

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Project Development: Environmental and Indigenous Considerations – Montreal

Le développement de tout projet d’envergure peut générer de nombreux enjeux en matière environnementale que ce soit au niveau de l’obtention des permis requis, de l’acceptabilité sociale, de la gestion des risques dans les contrats d’approvisionnement ou du financement. Le...

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The Shifting Sands of Yukon’s Legal Landscape: Are You Prepared?

Legal certainty is a cornerstone to a healthy investment culture. In the last few years Yukon has seen a significant shift in its legal landscape with the introduction Bill S-6, numerous court challenges and unresolved Aboriginal land claims. There is...

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Emerging Issues in Aboriginal Law as it Relates to Resource Development Activities

In recognition of Saskatchewan Mining Week 2014 we are pleased to present a seminar on “Emerging Issues in Aboriginal Law as it Relates to Resource Development Activities.” Our session focuses on understanding the legal risks and trends in case law...

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Mining Workshop

Miller Thomson’s Saskatoon office hosts a Mining Workshop.

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Miller Thomson is hosting a seminar on “Understanding Aboriginal & Environmental Issues in Project Development” on Nov. 26 in Waterloo

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Breakfast Seminar :

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Case Commentary: Gitxaala Nation v. Canada, 2016 FCA 187

Introduction The Northern Gateway Pipeline Project, which has been in the works since 2005, received a major setback on June 23 with the federal court of appeal’s judgment in Gitxaala Nation v. Canada. The court quashed Canada’s approval of the...

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Case Commentary: Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34

On January 13, 2016, the Coastal First Nations, an alliance of eight First Nations on British Columbia’s North and Central Coast and Haida Gwaii, received a favourable decision from the British Columbia Supreme Court in Coastal First Nations v. British...

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The New New Relationship

Aboriginal Marketplace, Vol. 4, Issue 1, January/March 2015

Legal, Political and Business Implications of the Tsilhqot’in Decision. Click here to read the article.

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SCC Affirms Ontario’s Jurisdiction to “Take Up” Lands in Treaty 3

On July 11, 2014, the Supreme Court of Canada (“SCC”) released its unanimous decision in Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48. The question before the SCC was whether the Province of Ontario or the Federal...

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SCC Ruling on Aboriginal Title: Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Significant Changes to the Legal Landscape

On June 26, 2014, the Supreme Court of Canada (“SCC”) released its landmark decision in Tsilhqot’in Nation v. British Columbia. At the heart of this decision, the SCC was confronted with the question of Aboriginal title and what constitutes a...

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The Indian Act Tax Exemption & Commercial Fishing Income

Introduction Section 87 of the Indian Act, R.S.C. 1985, c. I-5 can exempt the property of First Nation individuals and bands from taxation.  For obvious reasons, this exemption can provide very valuable benefits to First Nation individuals, bands, and their...

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R. v. Dickie – Income Earned on Reserve

PBLI Conference: The Latest Developments in First Nation Taxation

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Tax Court of Canada Rules on Location of Business Income for the Purpose of Tax Exemption Under the Indian Act

On July 10, 2012, the Tax Court of Canada released its judgment in Dickie v. The Queen, 2012 TCC 242, wherein Miller Thomson, and co-counsel Robert Janes of JFK Law Corporation, were successful on an appeal of a reassessment made...

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Injunctions Issued Against Companies for Lack of Aboriginal Consultation

Two recent decisions in Ontario and British Columbia provide examples of the courts temporarily restraining commercial development for a lack of adequate consultation with affected Aboriginal groups. Wahgoshig First Nation v. Her Majesty the Queen in Right of Ontario et...

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The Implications of the Decision in Keewatin v. Minister of Natural Resources

The 2012 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

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Schedule I bank arranges credit facilities for First Nation to finance land claims against Canadian federal government

Counsel to the bank

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Schedule I bank provides credit facilities to First Nation limited partnership

Counsel to the bank

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Aboriginal Law Update

Read the latest issue of Miller Thomson’s Aboriginal Law Update

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