Cassels

Canadian Corporate Law Firm

Aboriginal Law Litigation & Dispute Advisory

Aboriginal litigation is one of the fastest growing areas of Canadian law. Informed strategy and subject matter expertise are essential to reducing risk, resolving conflicts efficiently, and supporting sustainable relationships between Indigenous, government and industry parties.

The Cassels Aboriginal Law Litigation & Dispute Advisory team is recognized for its comprehensive expertise and leadership in navigating the intricate and evolving landscape of Aboriginal law across Canada. Our team provides unparalleled legal representation in a wide array of Aboriginal litigation matters across the country through our capacity to leverage the knowledge and experience of both our Aboriginal law practitioners and nationally recognized Litigation Group.

Our Expertise

We offer specialized legal services in all aspects of Aboriginal law, including:

  • Alternative Dispute Resolution: Our lawyers are trained and certified in domestic and international mediation and arbitration, and have extensive experience in resolving disputes outside of court proceedings.
  • Appellate Advocacy: We frequently act for parties and interveners across the country in appeals, applications for leave to appeal, and judicial reviews. We have extensive experience navigating all aspects of the appellate process and have a proven track record before the Supreme Court of Canada, the Federal Court of Appeal, and provincial and territorial appellate courts.
  • Civil and Contractual Disputes: Our team handles civil and contractual disputes involving Aboriginal legal interests with precision and efficiency. We offer representation in a variety of contexts, including disputes arising in business relationships, real estate contracts, resource agreements, partnerships involving Aboriginal entities.
  • Constitutional Issues and Section 35: With a strong focus on Constitutional law, we advise on and litigate matters involving Section 35 which recognizes and affirms Aboriginal and treaty rights. Our expertise includes representing clients in high-stakes litigation at all levels of court, including the Supreme Court of Canada.
  • Duty to Consult: We have a deep understanding of the duty to consult and accommodate Aboriginal peoples, a crucial aspect of Canadian Aboriginal law spanning a wide array of industry and government mandates. Our team provides strategic advice and representation to ensure that consultations are conducted appropriately, minimizing legal risks and fostering positive relationships between stakeholders.
  • Judicial Review: Practicing in all provinces and territories, our group has significant expertise in judicial review proceedings in provincial and territorial courts, and the Federal Court, specifically regarding reviews of regulatory, environmental, and administrative law matters.
  • Land Claims and Rights Assertions: We represent clients in both specific and comprehensive land claims, as well as in assertions of Aboriginal rights. Our experience spans negotiating settlements, representing clients in court and alternative dispute resolution proceedings (including mediation and arbitration), and navigating the legal and political complexities of these claims.
  • Major Projects: Our group has extensive experience advising on and litigating issues related to major infrastructure and resource development projects. We work closely with clients to navigate the complexities of Aboriginal and treaty rights, ensuring compliance with legal obligations while facilitating successful project execution.

Our Clients

Our clients include companies operating in the mining, oil and gas, power, renewable energy, LNG, forestry, real estate, construction, transportation and infrastructure industries. Our team also frequently acts for and advises:

  • Canadian Port Authorities, and other federally regulated bodies and entities;
  • financial institutions and investors, including private equity firms;
  • Indigenous governments.
  • industry associations;
  • project proponents and key stakeholders; and
  • public governments;

Representative Work

Members of the group have been involved in some of the most important Aboriginal rights and title litigation matters across Canada, including: