Indigenous Peoples

A complex and growing body of law governs the rights and responsibilities of government, indigenous and corporate actors in projects where the interests of Indigenous peoples are engaged. Indigenous peoples may need to be consulted and have their interests accommodated. Governments and companies that develop land, natural resources or infrastructure in Canada must be attuned to the interests, rights and claims of affected aboriginal groups. The interests of Indigenous peoples can be engaged in any range of business ventures, including real estate, utilities, energy, pipelines, forestry and transportation projects. A failure to understand and fulfill one’s obligations from the outset can be fatal to a project’s success, leading to negotiation breakdown, litigation or protests. It is therefore essential to be guided by aboriginal law experts at every step.

WeirFoulds has extensive expertise advising clients on their Indigenous peoples law obligations and facilitating productive engagement with indigenous groups. We have acted as chief negotiators for federal and provincial governments on the negotiation and implementation of agreements with indigenous communities, as well as for private sector and indigenous clients. We have also been involved in seminal indigenous law litigation at all levels of court, including the Supreme Court of Canada.

We partner with our clients in land use planning, mining, energy, and environmental matters. Our private and public sector clients rely on WeirFoulds for a complete scope of legal services related to the challenges and issues related to indigenous relations, including: ancestral and treaty rights, land titles and land use planning, public policy issues, government and private sector relations, comprehensive and specific territorial claims, duty to consult, negotiation and drafting of Impact and Benefits Agreements (IBAs), joint venture, acquisition and royalty agreements, negotiation and drafting environmental agreements, and the evaluation and review of environmental impacts and environmental compliance audits, and due diligence processes related to Indigenous peoples issues.