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 - shining a light on the path towards negotiating a solution that benefits all parties.
We have represented our Indigenous clients in various litigations, negotiations and administrative advocacy matters on a broad range of vital matters. 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 existing counsel providing support at all levels of court.
Examples of files we have handled in this area include:
Poundmaker Cree Nation and Onion Lake Cree Nation: 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. 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.