Aboriginal Law

Fasken has the depth of experience needed to guide project proponents to successful relationships and outcomes with Indigenous Peoples.

Relationships with Indigenous (First Nations, Métis and Inuit) Peoples are critical to the success of contemporary developments anywhere in Canada. Fasken has hard earned experience in the development of these relationships and the strategies, policies and approaches that can lead to practical long term success.

Members of our group are spread across all our offices and have unparalleled experience in all aspects of Indigenous law in Canada (and around the World), including: reserve land development, consultation and accommodation, commercial agreements, impact and benefit agreements (IBAs) and all aspects of environmental assessment and permitting.

As in all areas of law, conflicts do sometimes arise. Fasken has the benefit of being involved from the very beginning of the development of Indigenous law in Canada. We have argued landmark cases before the Supreme Court of Canada redefining the concepts of Indigenous title and rights as well as establishing the principles associated with consultation and accommodation. We also have extensive experience with successfully defending challenges to permits and licenses by judicial review and pursuing practical and efficient injunctions to allow projects to continue development.