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. McMillan 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.

McMillan LLP’s lawyers 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.  This includes, where necessary, litigation experience at all levels of courts in Canada.

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 (McMillan 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.

McMillan 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.

In addition to advising clients dealing with FNMI communities, McMillan also provides advice to FNMI communities themselves as they look to partner or lead in the development of major project, real estate and natural resource development. As a leading full-service national business law firm, McMillan provides seamless and integrated tax, corporate, commercial and Indigenous law advice to help ensure project success.