Indigenous

A partnership spanning decades

Our legal experience includes providing counsel to Indigenous nations and communities on legislative development, economic ventures, jurisdictional issues and rights litigation, as well as the establishment of tax laws, corporate structures and landmark Aboriginal law cases. Additionally, our lawyers advise on construction and infrastructure projects, negotiate resource sector agreements, assist with environmental impact assessments and support the exercise of governance in respect of Indigenous lands and traditional territories.

As a result, our clients can continue to contribute significant advancements and growth for their respective nations or communities. Indigenous nations and communities have become pivotal, institutional clients for our firm and significant players in multiple sectors of the Canadian economy. These nations and communities require sophisticated legal advice to navigate complex transactions.

Commercial law for Indigenous groups

MLT Aikins lawyers assist with Indigenous economic development initiatives through diverse project structuring and partnerships, representing Indigenous authorities and businesses, as well as collaborating with lenders and other stakeholders. We support opportunities for Indigenous nations and communities and their economic development and investment arms to form commercial partnerships to obtain equity in large-scale infrastructure.

Child and Family Services

Bill C-92 provides a process for Indigenous nations and communities to make their own Child and Family Services laws and take back control over these services. Bill C-92 can enable Indigenous communities to implement their jurisdiction effectively, to achieve positive long-term outcomes and, importantly, to keep their children, youth and their families connected to their culture and community. We can also assist in developing related regulations, internal policies and procedures.

Specific claims

MLT Aikins has actively negotiated, settled and litigated specific claims for numerous Indigenous clients over the last two decades – including some of the largest claims in the country. We have a wide experience including claims based on wrongful surrenders, agricultural benefits, annuity indexation, flooding, Treaty land entitlement, veterans’ lands, alienation of reserve lands and trust fund mismanagement. We have excellent relationships with top research firms, access to innovative financing options and provide our clients a full range of legal services in relation to resolving specific claims. We are fully equipped to negotiate or, when necessary, litigate the best possible outcome for Indigenous nations and communities.

Trusts and investments

Our lawyers craft trust agreements tailored to Indigenous nations and communities. We merge trust, tax and Aboriginal law considerations with an understanding of community needs, effective trust structures, governance and financial sustainability into the future.

Economic development

We have experience successfully negotiating impact benefit agreements resulting in substantial community benefits and economic development opportunities for Indigenous nations and communities in the mining and natural resource sector. We have also served as counsel for both on- and off-reserve economic development, including negotiating and structuring partnerships and joint ventures with industry.

Dispute resolution/litigation

Our litigation group represents Indigenous governments in employment, commercial, taxation, insurance and other litigation, as well as dispute resolution relating to elections, membership, reserve land and similar issues.

Indigenous governance and general counsel

We serve as general counsel for Indigenous governments, offering comprehensive management and governance advice, drafting key legal documents and negotiating a variety of governmental agreements and policies.

Intergovernmental relations, Treaty and Aboriginal rights

MLT Aikins advocates for Indigenous rights through negotiations and litigation, securing significant land claims and self-governance achievements, as well as handling a wide spectrum of related legal matters, including natural resource development and consultative agreements.

• Counsel to various First Nations on the development and administration of property tax and financial administration legislation.
• Counsel to several Indigenous communities on the establishment and structuring of limited partnerships, corporations and trusts for both on- and off-reserve economic development, including the negotiation and structuring of partnerships and joint ventures with industry partners.
• Counsel to Ontario and Alberta First Nation-owned entities on the structuring and acquisition of a gaming and hospitality business.
• Counsel on precedent-setting Métis Aboriginal rights litigation.
• Prepared and negotiated a broad range of specific claims.
• Counsel to several Aboriginal communities on specific claims, expropriation and economic development issues.
• Counsel to a First Nation on the creation of a new service rig company, one of the first to be wholly-owned and operated by one First Nation, resulting from a collaboration between a major oilsands producer and the First Nation.
• Counsel to an Alberta Métis Settlement Council on the right of the Council to govern Métis Settlement lands.
• Counsel to a number of First Nations on water and waste water infrastructure including water supply agreements, licensing and regulatory issues, and participation in regional water systems.
• Counsel to the Chiefs’ Water Committee of the Assembly of Treaty Chiefs (Alberta) on the first federal legislation for First Nation drinking water.
• Successfully negotiated a number of impact benefit agreements resulting in substantial community benefits and economic development opportunities for Aboriginal communities in the resource sector.