aboriginal and first nations
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aboriginal and first nations

Successful development of natural resource projects in Canada requires a strong understanding of the law regarding aboriginal rights and the ability to constructively manage relations with aboriginal groups. While the law imposes certain requirements on the government to consult aboriginal groups, companies often assist with this consultation and may even go further and negotiate economic benefits arrangements. This requires sophisticated and experienced legal counsel to ensure that any such agreements provide mutual benefit to the parties, and to ensure that timely and defensible permits can be issued irrespective of whether or when an economic benefits agreement is reached.

The lawyers in our Aboriginal Law Group have experience in each of these areas. We frequently help our clients negotiate engagement agreements, exploration agreements and impact benefit agreements with aboriginal groups, and we advise them on how to work most effectively with federal and provincial governments concerning aboriginal consultation. We have advised and represented aboriginal groups that have invested as partners in major project and real estate development, and counseled on the unique issues that arise with commercial deals involving Indian Act bands and aboriginal corporations. Our aboriginal law lawyers work closely with our environmental, energy, real estate, capital markets and tax law groups and have represented clients on matters at all levels of court, including the Supreme Court of Canada.

Members of our aboriginal law group have served as Legal Advisor to the Congress of Aboriginal Peoples, chief treaty negotiator, head of the BC Environmental Assessment Office, Deputy Minister of Energy, Mines and Petroleum Resources and Chief of Staff to a former Prime Minister.



Representative Transactions/Cases
  • Represented a First Nation in connection with their equity investment in a major hydroelectric facility to add 450 mw of capacity through the renewal and expansion of four hydro-electric generating stations.
  • Advised major project developers on consultation with aboriginal groups and related permitting and environmental assessment processes 
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Provided strategic advice in relation to a major financing of a commercial mining venture with significant aboriginal consultation and accommodation and land claims issues.
  • Acted for an international mining company to obtain injunctive relief to dismantle an illegal blockade of its operations.
  • Acted for a forest company in defending judicial review proceedings brought by a First Nation alleging that the Crown had failed to adequately consult with them in connection with Crown granted tenures.
  • Acted for a mining company in defending an Environmental Appeal Board challenge to Crown granted permits.
  • Acted for an international mining company in defending judicial review proceedings in the Federal Court relating to the issuance of various federal permits and authorizations.
  • Provided consultation and accommodation advice to a Crown agency in connection with the renewal of various Crown licenses and authorizations to private industry.
  • Represented a mining company in negotiation of benefit agreement with a First Nation in relation to a mine in British Columbia.
  • Advised an international mining company on negotiation of early engagement agreements with various First Nations.
  • Represented a first nation in connection with their equity investment in a major hydroelectric facility to add 450 mw of capacity through the renewal and expansion of four hydro-electric generating stations.
  • Advised major project developers on consultation with aboriginal groups and related permitting and environmental assessment processes
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Provided strategic advice in relation to a major financing of a commercial mining venture with significant aboriginal consultation and accommodation and land claims issues.

reported cases

  • Attorney General of Canada v. Rose Lameman, Francis Saulteaux, Nora Alook, Samuel Waskewitch, and Elsie Gladue on their own behalf and on behalf of all descendants of the Papaschase Indian Band No. 136, Her Majesty the Queen in Right of Alberta (SCC File No. 31871)
  • aboriginal people and limitation of actions
  • Kapp [2008] s. 15(2) Charter validity of commercial fishing license privileges to Aboriginal people in pilot program on Fraser River
  • Weyerhaeuser [2004] duty to consult Haida Nation by a private company under a Crown forestry license

Publications / Presentations
May 2013
Supreme Court of Canada holds Aboriginal rights cannot be used to justify road blockades
aboriginal bulletin
January 2013
Yukon Court of Appeal finds duty to consult exists when recording mineral claims
Aboriginal and First Nations law bulletin
November 2012
BC Court of Appeal overturns decision and finds duty to consult met in environmental assessment
Aboriginal and First Nation law bulletin
November 07, 2012
Aboriginal Law - Consultation and Other Emerging Issues
presenter, Robin Junger - Lexpert Events, Toronto, Ontario
June 2012
Aboriginal group moves quickly to halt blockade of band office
aboriginal law bulletin
May 26, 2012
BC Chamber of Commerce Annual General Meeting
luncheon address by Robin Junger on Major Project Development in British Columbia: Challenges & Solutions, Penticton, BC
May 2012
Minerals and Mining – Canada Chapter
Globe Law and Business
Co-authored by Robin Junger, Henry Krupa, Laurel Petryk and Darrell Podowski
April 26, 2012 to April 28, 2012
2012 Environmental, Energy and Resources Law Summit
Speaker, Robin Junger - Hot Topics in Environmental, Energy and Resources Law, Fairmont Waterfront Hotel, Vancouver, BC
March 2012
Administrative Law Remedies in the Aboriginal Law Context
Canadian Journal of Administrative Law Practice, Vol. 25, No. 1
Co-author Robin Junger and Nika Robinson
January 2012
Aboriginal Consultation and Accommodation
speaker, Robin Junger - Environmental Law Forum, Cambridge, Ontario
January 2012
Mining - Recent Developments of Importance
The 2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada - 14th Edition
Co-authored by Robin Junger, Darrell Podowski, and Laurel Petryk
November 2011
Environmental Assessment of Major Projects in British Columbia
presenter, Robin Junger - McMillan LLP Continuing Professional Development Seminar, Vancouver
November 2011
B.C. Court of Appeal rolls back Aboriginal groups' multi-million dollar award for court costs
aboriginal law bulletin
November 2011
seven steps for navigating the environmental assessment process in British Columbia
environmental bulletin
November 2011
Cumulative Effects
Canadian Aboriginal Law 2011 Conference, Pacific Business Law Institute
Co-authored  by Robin Junger,  Eugene Meehan, QC, Keith Clark and Nika Robinson
October 2011
Administrative Law Remedies in the Aboriginal Law Context
Continuing Legal Education Society of BC, 2011 Administrative Law Conference 
Co-author Robin Junger and Nika Robinson
July 2011
aboriginal claims – another layer of complexity and risk for the construction industry
Construction and Aboriginal Law Bulletin
also published in TerraLex Connections enewsletter
December 2010
aboriginal treaties are not "complete codes" – Supreme Court confirms duty to consult independent of treaty obligations (part II of II)
Aboriginal Law Bulletin
December 2010
Development Projects in British Columbia - An Overview of Aboriginal Issues
CCH: British Columbia Real Estate Law Developments
Co-Authored by Keith Clark and Nika Robinson
December 08, 2010
Mining sector faces host of new regulations
National Post
November 2010
a little certainty for an uncertain process – Supreme Court confirms duty to consult not triggered or informed by adverse impacts from past actions (part I of II)1
aboriginal law bulletin
September 2010
Engaging and Negotiating with Aboriginal Communities
The Canadian Institute
June 2010
Aboriginal Issues and Resource Projects in British Columbia: An Overview
Co-Authored by Keith Clark and Nika Robinson
May 2010
Mining 101 - Your First Joint Venture - Letter of Intent, Option and Joint Venture Agreement
Ontario Bar Association - 2010 Natural Resources Seminar Series
January 2010
What is the duty to consult, anyway, and why is it important?
Aboriginal Law Bulletin
October 2009
B.C.'s New Resource Revenue Sharing Policy: The Beginning of a New Relationship Between the Mining Community and Aboriginal Groups in the Province?
Mining Brief
January 2009
Aboriginal Concerns - Consultation Does Not Mean Compensation
Business in Vancouver
September 2008
Native Ownership Rulings Key to Business Progress
Business in Vancouver, Legal Matters
June 2008
Can we talk?
Vancouver Sun
April 2008
The Aboriginal Tool-kit: what every mining principal needs to know when dealing with Aboriginal Peoples in Canada
Canadian Mining Law and Finance 2008, April 7 & 8, 2008
February 2008
Sticks and Bones; Is your IBA Working? Amending and Enforcing Impact Benefit Agreements
Aboriginal Law & Consultation, February 12 & 13, 2008
May 2007
Watch for the William Case
Business in Vancouver
May 2005
Talk Before You Leap: Protect Your Resource Development Project Through Early-Stage Aboriginal Group Consultation
Energy & Natural Resources Bulletin


Robin M. Junger
778.329.7523
Jason J. Annibale
416.865.7912