Case Brief: Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., 2022 BCSC 15 By Kajia Eidse-Rempel and Courtenay Jacklin On January 7, 2022, the BC Supreme Court released reasons for judgment in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc.[1] The main...
Case Brief: AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342
Case Brief: AltaLink Management Ltd v Alberta (Utilities Commission), 2021 ABCA 342 By Courtney Jacklin and John Gailus On October 15, 2021, the Court of Appeal of Alberta released its decision in AltaLink Management Ltd v Alberta (Utilities Commission). The court...
Navigating Lease Creation on Reserve Land
Navigating Lease Creation on Reserve Land By Melodi Alopaeus For many First Nations, engagement with third-party developers presents a strategic opportunity for economic advancement in their communities. Development on a First Nation reserve is a unique undertaking...
How to Advance Economic Reconciliation through Business Partnership Agreements
DGW Law helps Indigenous communities and their business partners negotiate agreements that advance economic reconciliation by fostering productive business relationships based on, among other things, mutual respect, clarity around financial terms and protection/use of Indigenous intellectual property and heritage, and innovative provisions relating to capacity building, cultural initiatives and dispute resolution.
Below are some tips for clients and practitioners on drafting partnership agreements to advance economic reconciliation and help prevent expensive disputes.
Land Code – What is it and Why Would Your First Nation Want to Create One?
Land Code takes the place of parts of the Indian Act that relate to land management. Each First Nation can create its own Land Code based on its community’s needs, resources, goals, values, relationship to the land, beliefs and anything else that informs land use and land management. Our lawyers, John Gailus, Tim Watson and Christopher Devlin has experience drafting land code based on individual band’s needs. Visiting the community, listening to what the specific needs are, consultation, discussion and implementation are given the time and attention to detail that they need and warrant for each individual case. Our experience benefits clients and saves time and frustration from incomplete or inexperienced work.
Cannabis Legalization Creates Opportunities for First Nations
Legalization of Cannabis Represents Opportunities for First Nations On June 21, 2018, the Government of Canada passed the Cannabis Act, which will legalize, regulate and restrict the Canadian public’s access to cannabis. The Cannabis Act creates a comprehensive...
Christopher Devlin on APTN Investigates
Christopher Devlin was recently interviewed by APTN for their episode of APTN Investigates: Cows and Plows. In this episode, APTN explores what exactly gave rise to the Agricultural Benefits claims, hears concerns from payout recipients, and discusses how First...
Case Brief: Kumagai v. Campbell Estate, 2018 BCCA 24
In Kumagai v. Campbell Estate, 2018 BCCA 24 (“Kumagai”) the BC Court of Appeal has provided useful clarification on the law as it relates to the valuation of reserve lands subject to Certificates of Possession (“CPs”). While the case touches on many family law issues,...
Legal Ethics and First Nation Economic Development: A Duty to Move from Colonialism to Reconciliation
Legal Ethics and First Nation Economic Development: A Duty to Move from Colonialism to Reconciliation Prepared by: Christopher Devlin and Peter Nyhuus Presented at: Canadian Institute’s Indigenous Consultation BC conference September 19th, 2017, Prince George, BC For...