Karey Brooks KC

Practice Areas

Karey primarily acts for First Nations and First Nations organizations in court and negotiations with government and industry on matters relating to Aboriginal rights and title, consultation, regulatory matters, including environmental assessments, and general governance matters, including status and membership issues. Karey also has experience in other public law related work, including with respect to Charter rights litigation and public inquiries.

Practice Focus Areas:

Aboriginal rights litigation

Duty to consult and accommodate

Regulatory hearings

Land use planning

Band governance

Charter rights

Commissions of inquiry

Career

Karey is widely recognized for the major contributions she has made to aboriginal law and the legal profession generally. As lead litigation counsel, Karey is recognized as a fearless advocate who has advanced a number of unique claims in pursuit of a legal remedy to the complex issues her clients face, which recently include:

representing Kwikwetlem First Nation in its Aboriginal title claim in the context of multiple fee simple grants over the land, raising novel extinguishment issues; and Charter claims for failing to institute an Aboriginal land title registration system;

representing Snaw-Naw-As Nation for return of lands that are no longer being used for a railway purpose;

representing Beaver Lake Cree Nation in its Treaty Infringement claim from cumulative effects of development;

representing the Okanagan Indian Band in its Charter claim for safe drinking water on reserve;

representing a number of individuals review the decisions of Peters Nation Band Council denying them membership;

representing the DFN Glendale Band Council a leadership dispute

representing Mandy Lewis in her claim against WestJet for its failure to implement an anti-harassment program,

She has acted a co-counsel with Robert Janes,KC on a number of landmark Aboriginal cases from trial to the SCC including: Mikisew v Canada (consultation on legislation); Keewatin v. Ontario (division of powers); Behn v. Moulton Contracting (treaty rights as defence to tort). Karey has also appeared as lead counsel at the SCC for a number of interveners in: Keewatin v. Ontario; Daniels v. Canada; and TWU v. Law Society of BC. She also acted as Associate Commission Counsel in the Missing Women Commission of Inquiry (2010-2012).

Professional Memberships

Kings Counsel

Law Society of British Columbia

Canadian Bar Association

Provincial Council on the CBABC

Board member on the BC Advocates Society

International Academy of Trial Lawyers

Work Highlights

Co-counsel with Robert Janes for Mikisew Cree First Nation to challenge changes to federal environmental laws on the basis of a failure of adequately consult. Mikisew v. Canada (SCC, 2018)

Counsel for Mikisew Cree First Nation on the hearing of an approval for an oil sands mine in Alberta (October-December 2018). Teck Resources Ltd (Alberta Energy Regulator)

Counsel for three individuals seeking to judicial review decisions of band council to deny them membership under a custom membership code. Peters v Peters First Nation Band (FC, 2018)

Counsel for Kwikwetlem First Nation in their Aboriginal title litigation. Brought an application to strike certain defences of the Province relating to extinguishment. Giesbrecht v British Columbia et al (BCSC, 2018)

Counsel for the intervener Aseniwuche Wineak Nation at the Supreme Court of Canada case about whether non-status Indians and Metis are “Indians” for the purpose of s.91(24) of the Constitution Act, 1867. Daniels v. Canada (Indian Affairs and Northern Development) (SCC, 2016)

Acted for the Te’mexw Treaty Association intervening in the Supreme Court of Canada concerning proper interpretation of Treaty 3 hunting rights and ability of governments to limit those rights. (Keewatin v. Ontario (Minister of Natural Resources) (SCC, 2014))

Acted for Grassy Narrows First Nation in the 70 day trial on the proper interpretation of Treaty 3 taking up clause and in the Ontario Court of Appeal. (Keewatin v. Ontario (Minister of Natural Resources)

Acted for the Te’mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land. Tsilhqot’in Nation v. British Columbia (SCC, 2014)

Acted for White River First Nation with respect to whether the Director of Mineral Resources breached his duty to consult and accommodation White River in allowing a mining project to be considered for regulatory approval. (White River First Nation v. Yukon Government (YKSC, 2013)

Acted as Associate Counsel to the Oppal Commission with respect to an inquiry into the police investigations into the missing and murdered women of the downtown eastside between 1997-2002 and Crown counsel’s decision to stay charges against Robert Pickton in 1997. (Missing Women Commission of Inquiry (September 29, 2010 – November 30, 2012)

Education

Awards