When there is a dispute about the Duty to Consult or any other matters that can affect Indigenous or Treaty Rights, JSS Barristers can provide counsel and insight based on decades of litigation and advocacy experience.
Special consideration must be given in matters that affect, or directly involve, the Indigenous Peoples in Canada. Our experience as advisors on both sides of the table can be an asset in identifying the core factors of a dispute, whether it be by shining a light on the path towards negotiating a solution that benefits all parties or guiding our clients through the judicial system.
We have represented our Indigenous clients in various litigation, negotiation, and administrative advocacy matters on a broad range of vital issues. Our lawyers can also provide advice on Council governance and the duties that Councils have to their membership. Additionally, we have served as advisors to legal counsel in ongoing matters, providing support at all levels of court. More specifically, JSS Barristers is able to assist Indigenous clients in the following areas:
General Advocacy
At JSS Barristers, our lawyers take a comprehensive approach to civil litigation and dispute resolution. Our experienced team understands the distinct challenges and considerations that Indigenous groups, businesses, and individuals may face in litigation. Whether it involves contractual disputes, regulatory issues, or other litigious matters, we navigate the legal landscape with cultural sensitivity and an understanding of the issues our Indigenous clients face.
Election and Governance Law
JSS Barristers has previously represented various First Nations, returning officers, and election appeal tribunals with respect to internal elections and appeals. Our lawyers have also acted on proceedings to remove Council Members, including acting in Court when these matters have escalated.
First Nations and Indigenous Advocacy/First Nations Law
Our lawyers can navigate the intricate landscape of the laws of Canada as they apply to Indigenous Canadians, including First Nations and Metis people. JSS Barristers has acted for and advised First Nations in matters involving the Indian Act, RSC 1985, c I-5 and various Orders in Council. We are well versed in Treaty Land Entitlement Claims, other Specific Claims, and matters involving the Specific Claims Tribunal Act, SC 2008, c 22.
Indigenous Law
At JSS Barristers, we have experience working with Indigenous Law knowledge keepers, and implementing solutions based on Indigenous Law in collaboration with our Indigenous clients. Our team of advocates continuously strive to better understand the cultural and historical context that shapes Indigenous Law.
Representative Matters
Poundmaker Cree Nation and Onion Lake Cree Nation:
JSS Barristers is acting counsel in a major Federal Court proceeding against the Crown in relation to the alleged long-term mismanagement of First Nations oil and gas resources by Indian Oil and Gas Canada.
The claim is structured as a class proceeding on behalf of all First Nations who designated their lands for oil and gas exploration and development. It concerns the duty of Indigenous and Northern Affairs Canada and Indian Oil and Gas Canada to regulate and manage the development of oil and gas on designated reserve lands under the Indian Oil and Gas Act, RSC 1985, c I-7. The claim alleges that the Crown was negligent and breached its fiduciary duties to the First Nations by failing to properly and actively develop and exploit those resources, failing to monitor and seek compensation for drainage occurring on lands adjacent to designated lands, and failing to accurately account for royalties collected on behalf of First Nations.
