


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 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 (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.
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 (33 Posts)
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.
Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?
What do non-treaty agreements mean for people or companies that may be affected by them.
Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
BC’s Court of Appeal Wades into Fairy Creek
A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.
Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?
During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.
Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021
The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021
Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
ICMA Green Bond Principles Undergo Minor Facelift
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?
Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
Cannabis and Waste: Another “Green” Opportunity
Cannabis and Waste: Another "Green" Opportunity
Bill 31 – Environmental Protection Statutes Amendment Act Passed and In Force – Cutting Red Tape and Returning Discretion to Alberta Environment and Parks
Overview of Alberta's Bill 31- Passed on July 23, 2020: amending statutory definitions of minerals and clarify treatment of silica sand.
The Road to a “New Normal”: Contact Tracing and Privacy Considerations in Canada
Provinces across Canada are starting to lift COVID-19 restrictions and resume some economic and other activities.
Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?
Restructuring options and challenges in the time of COVID-19.
TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
Duty to Consult does not Apply to all Aboriginal Concerns
Duty to Consult does not Apply to all Aboriginal Concerns
An update on aboriginal law and best practices for the C-suite
The session will focus on practical issues and questions commonly faced by senior managers and executives in the development, sale, acquisition and financing of major projects.
A Thunderbolt Decision on Métis Rights:Daniels v Canada (Indian Affairs and Northern Development)[1]
A Thunderbolt Decision on Métis Rights: Daniels v Canada (Indian Affairs and Northern Development)1
Equivalency Agreements, Environmental Assessment and Aboriginal Consultation – Implications of Coastal First Nations v. British Columbia (Environment)
Equivalency Agreements, Environmental Assessment and Aboriginal Consultation – Implications of Coastal First Nations v. British Columbia (Environment)
2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program
2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program
Keep your (fiduciary) hands off my money: Louie v. Louie,2015 BCCA 247
Keep your (fiduciary) hands off my money: Louie v. Louie, 2015 BCCA 247
What do the Recent Site C Decisions Mean for Major Projects in British Columbia?
What do the Recent Site C Decisions Mean for Major Projects in British Columbia?
One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time
One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time
Business Interests Working Through Parts Of Canada’s Identity: Aboriginal Law And Federalism
Business Interests Working Through Parts Of Canada's Identity: Aboriginal Law And Federalism
Get updates delivered right to your inbox. You can unsubscribe at any time.