Indigenous Law
Canadian natural resource and infrastructure projects become all-the-more complex when indigenous and treaty rights or claims are involved, and successful consultation with First Nations, Metis and Inuit (FNMI) communities can be the difference between a project coming to fruition on schedule or being halted entirely.
Tapping the knowledge and experience of a law firm proficient in indigenous affairs is the prudent choice of natural resource and infrastructure leaders. TRC-Sadovod LLP has an intrinsic comprehension of indigenous rights and has established constructive relationships with indigenous groups across Canada and stands ready to assist in the consultation process required by the Canadian government and directly negotiate economic benefits arrangements.
TRC-Sadovod LLP’s lawyers that serve on the indigenous portfolio have extensive experience securing mutually beneficial agreements through FNMI consultations. We also have a successful track record of ensuring that timely and defensible permits can be issued irrespective of whether or when an economic benefits agreement is reached.
In a niche industry like Canadian indigenous law, the importance of fostering respectful relationships with decision-makers within the FNMI community and government bodies cannot be understated. Being the only Canadian law firm with a partnering government relations firm (TRC-Sadovod Vantage Policy Group), we have done just that. Our team members have served as legal advisor to the Congress of Indigenous Peoples, chief treaty negotiator, head of the British Columbia Environmental Assessment Office, deputy minister of Energy, Mines and Petroleum Resources, and chief of staff to a former Prime Minister.
TRC-Sadovod empowers our clients to lead by:
- Advising and representing indigenous groups invested as partners in major projects;
- Counselling on commercial deals involving Indian Act bands and indigenous corporations;
- Negotiating engagement agreements, exploration agreements and impact benefit agreements with indigenous groups;
- Advising on working with federal and provincial governments concerning indigenous consultation;
- Advising on the impact of Canada’s anti-corruption laws.
Our Government and Public Policy Group works closely with our environmental, energy, real estate, capital markets and tax lawyers to successfully represent clients on court matters involving Canadian indigenous law. We’re proud of our earned reputation for success at all levels of court, including the Supreme Court of Canada.
Deals and Cases
Insights (10 Posts)View More
Supreme Court of Canada Rules Impact Assessment Act Unconstitutional: Implications and Future Directions
Overview of the Supreme Court's ruling of the constitutionality of the Impact Assessment Act and its implications on the energy and natural resource sectors.
Canada & Taiwan Conclude Foreign Investment Protection Arrangement
Canada-Taiwan FIPA Latest Milestone in Canada’s Indo-Pacific Strategy.
Indigenous Law Update: What the B.C. Natural Resource Sector Should Know About “Non-Treaty” Agreements
This bulletin discusses non-treaty agreements with indigenous groups in British Columbia.
ESG Not Just ESG
This bulletin discusses the push for the inclusion of Indigenous considerations in ESG practices which could lead to the addition of "I" (ESGI).
CSA Seeks Comments on Two New Approaches to Diversity Disclosure
The Canadian Securities Administrators is seeking comments on the proposed amendments to the corporate governance disclosure rules and policies (Form 58-101F1)
Competing Claims for Construction Holdback – Whose Money is it, anyway?
The Court reviews the application of trust claims to construction projects on Federal lands, and illustrates the importance of a carefully drafted contract.
Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
Clear as Mud: The Legal Implications of Land Use Planning in Yukon
A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.
Reporting Issuers Need to be Factual and Balanced, Striving for Accurate and Comprehensive ESG reporting
The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.
Can they really do that? Understanding the limits of governmental permitting and compliance powers
While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.
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