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Aboriginal Law

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  • Recent Recognition
  • Insights, News & Events
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Our Aboriginal Law Group helps project developers navigate the regulatory process in securing approvals for major energy development projects, including consulting and negotiating with Aboriginal groups and other stakeholders. We draw on our top-tier, cross-departmental expertise in the energy, environmental, corporate commercial, regulatory, litigation and tax arenas in shepherding significant projects through to fruition. We structure and negotiate commercial agreements for projects involving aboriginal rights and interests, as well as debt and equity financing arrangements for projects on aboriginal lands or with aboriginal participation.

What Clients Say

"They really want to see our business succeed. We have established a culture of trust, one of those invaluable intangibles."

We understand the risks associated with Aboriginal issues in the context of significant energy development project approvals and work closely with our clients to devise an exposure management plan to identify and manage potential litigation and other issues both pre- and post-closing, including compensation, royalty, surface rights and land access issues. Our unparalleled experience with major development projects enables us to forecast outcomes with a high degree of accuracy.

Key Contact

  • David  Bursey David Bursey, Partner
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Cranes, Inc., operating as NCSG Crane & Heavy Haul Corporation, with its joint ventures with various Indigenous groups in British Columbia, Alberta, Saskatchewan, Manitoba and the Northwest Territories providing crane, lifting and heavy haul services in support of major industrial and commercial projects
Frontier, on its PAK Lithium Project including: corporate, finance, regulatory, environmental, and aboriginal community relations
Mackenzie Valley Aboriginal Pipeline Group, regarding the multi-billion dollar Mackenzie Valley Pipeline Project, in the negotiation and structuring of commercial agreements including ownership agreements among various Aboriginal groups and various development, operating, shipping and financing agreements with Imperial Oil, ExxonMobil, ConocoPhillips, Shell and TransCanada Pipelines
Compensation proceedings before the Métis Settlements Appeals Tribunal respecting oil and gas development on Métis Settlement lands
Advice regarding Aboriginal consultation in relation to energy project developments on reserve lands and traditional lands of various First Nations in Alberta, Saskatchewan, British Columbia, the Northwest Territories, the Yukon Territory, and Ontario
First Nations interventions, in various pipeline, oil sands, upgrader, and waste management facility proceedings before the Alberta Energy Resources Conservation Board and the Environmental Appeals Board
In the Federal Court of Canada, representing a number of petroleum producers in Alberta and in Inuvik, in the successful interpretation of a production license issued under the Canada Petroleum Resources Act, and the assessment of royalties payable to the Crown under it. 2007 FC 1234
Safari Club International (Alberta Chapter) and Public Action for Wildlife Society, in their successful intervention in an appeal relating to Métis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
CCS Inc., a waste management company, with an intervention by the Cold Lake First Nation before the Environmental Appeals Board opposing the establishment of an oilfield waste landfill adjacent to reserve lands
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the development of Casino Rama
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the expansion of the Casino Rama complex and a $225 million loan from the Bank of Nova Scotia, which was used to fund costs incurred in connection with the expansion
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., with the CHC's application as a proponent for the Ontario government's proposed charity gaming clubs, which were to be initiated throughout the Province of Ontario
Inuvialuit Petroleum Corporation, in the Inuvik Gas Project with AltaGas and Enbridge including negotiation of joint operating, gathering, processing, and transportation agreements, CO&O agreements and gas sales contracts
Inuvialuit Petroleum Corporation, in its acquisition and divestiture of oil and gas assets in Western Canada
CHC International Inc., CHC Casinos Corporation, CHC Casinos Canada Limited, and Casino Rama Services Inc., in a $160 million term credit facility with the Bank of Nova Scotia and various other financial Institutions
Inuvialuit Land Corporation and Inuvialuit Regional Corporation, in structuring, drafting and negotiating concession agreements regarding the Inuvik and Tuktoyaktuk blocks in the Mackenzie Delta
ATCO Frontec, with its joint ventures with Fort McKay First Nation regarding the development of work camp accommodation projects in the Northern Alberta
ATCO Frontec, with its joint ventures with various aboriginal groups in the Northwest Territories and Nunavut

Recent Recognition

Canadian Legal Lexpert Directory
Consistently Recommended, Aboriginal Law (Calgary)
Repeatedly Recommended, Aboriginal Law (Toronto and Vancouver)
Chambers Canada
Ranked, Aboriginal Law - Canada
Chambers Global
Band 2, Aboriginal Law
The Legal 500 Canada
Recommended, Aboriginal Law

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