Torys' Aboriginal Law Practice Group is a recognized leader in matters involving First Nations, Inuit and Métis peoples of Canada. Our lawyers have worked on a broad range of files that include the Indian Residential Schools Settlement (the largest class action in Canadian history), consultation and impact benefit agreements for energy and mining clients, and the successful resolution of mediation and litigation disputes involving forestry issues and casino proceeds.
There is a growing recognition among businesses, governments and members of First Nations, Inuit and Métis communities of the need to successfully address Aboriginal legal matters. A successful approach requires understanding, nuance and experience. We offer an interdisciplinary approach, drawing upon our expertise in business, energy, mining, infrastructure, regulatory hearings, government relations and litigation and dispute resolution. Our expertise with Aboriginal legal matters extends to
- the Aboriginal consultation duties that arise in proposed projects in a variety of industry sectors, including impact and benefit agreements
- transactions with First Nations, including project finance and development issues
- advice in the context of infrastructure developments on the responsibility of governments to consult with and accommodate Aboriginal Peoples, and on procedures for Aboriginal consultation and participation
- the negotiation of agreements that deal with land claims, self-government and other Aboriginal rights issues
- environmental assessments and management systems
- regulatory hearings
- mining closures and rehabilitation
- Aboriginal Peoples’ traditional rights and Aboriginal rights
Representative Experience
- Government of Canada (with a Torys team led by Frank Iacobucci) in resolving approximately 15,000 Indian Residential Schools claims and more than 20 class actions commenced in virtually all Canadian provinces and territories; the settlement was the largest and most complex class action settlement in Canadian history and required the unprecedented approval of judges from nine provinces and territories
- Government of Ontario and Grassy Narrows First Nation in mediating a dispute concerning forestry issues
- Barrick Gold in the development of its environmental management system, providing advice on mining closures and rehabilitation, providing regulatory advice on operating mine in Ontario, and providing assistance in negotiation with the First Nations
- Chiefs of Ontario and Ontario First Nations LP in successfully defending a claim commenced in 2003 by Mnjikaning First Nation against the Government of Ontario, Ontario Lottery and Gaming Corporation and Chippewas of Mnjikaning First Nation (Rama), in which it sought to secure a preferential share of the proceeds from Casino Rama, a commercial casino operated by Ontario Lottery and Gaming Corporation on Mnjikaning First Nation's reserve lands; and in a settlement agreement with Ontario to share gaming revenues
- Corpfinance International in its project financing for the Stoney Nakoda First Nations Casino, the first stage of the Stoney Nakoda Resort in Morley, Alberta
- Five Nations Energy (one of the four transmitters operating in Ontario) on ongoing matters related to the development of a 270-km transmission line along western James Bay to remote Aboriginal communities; our advice included strategic advice on the project financing and management (including a re-financing), corporate structuring and documentation, and regulatory issues
- International Power Canada
- Membertou First Nation on land claims and related issues
- National Roundtable on the Environment and Economy in advice regarding the potential duties owed to First Nations relating to tailings ponds and permafrost degradation in northern Canada
- Nishnawbe-Aski Nation on self-government issues
- the family of Harley Clayton Timmers (Yukon First Nations) in a coroner's inquest into his death in 1999
- The Rank Group in its 2007 US$965 million sale of its Hard Rock cafés, hotels and concert venues to Seminole Hard Rock Entertainment