Litigation

Our lawyers have experience litigating many of the most significant Aboriginal and treaty rights cases over the past forty years.

Our approach is community focused and our philosophy is to bring the courts to communities where possible; we believe that in complex litigation, Indigenous Peoples should have their voices heard. We have represented clients at all levels of courts in various provinces, including the Supreme Court of Canada, the Federal Court, courts of appeal as well as superior courts in Quebec, Ontario, British Columbia, Alberta, Manitoba, New Brunswick, and the Northwest Territories. We have also represented clients in international institutions, including the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights and the United Nations Human Rights Committee.

For example, our latest win was a historic $1.11 billion settlement for our client, negotiated with Canada and Ontario, settling a longstanding dispute concerning the 1923 Williams Treaties.

Our range of litigation expertise includes cases on:

  • Aboriginal title & land claims including maritime spaces and resources;
  • resource development, including hydroelectric, forestry and oil and gas;
  • Aboriginal and treaty rights application in renewable and non-renewable resource developments;
  • historic and contemporary treaty implementation and interpretation;
  • Aboriginal rights of hunting, fishing, trapping, gathering, self-government and border crossings;
  • specific claims, including trespass on reserves by the provinces;
  • residential and day school abuse;
  • the right of a Province to secede from Canada and the right of Aboriginal Peoples in this context, and;
  • breach of trust and fiduciary duties and the appropriate Crown conduct in treaty negotiation.