Fogler, Rubinoff LLP

The Indigenous Law Practice Group at Fogler, Rubinoff LLP advises First Nations clients on a wide range of legal matters, with a particular focus on economic and business development, business transactions, aboriginal and treaty rights advocacy, and consultations with government and industry.

We assist our First Nations clients, as well as our non-indigenous clients who are engaged in partnerships or other commercial arrangements with First Nations groups, in negotiating and completing transactions in a variety of industries including: mining, railway development, transmission lines and renewable power generation and infrastructure projects. We have had the privilege of advising First Nations communities on some of the largest energy and infrastructure projects in Canada.

Our team has a particular expertise in the formation of First Nations business ventures that facilitate the expansion of the community’s economic development activities including: joint ventures and partnerships; the creation of customized economic development groups for First Nations; and, the negotiation of impact benefit, community benefit and cooperation agreements. We help manage existing and incoming assets, and offer advice and guidance on governance models that reflect and respond to our clients priorities.

We are committed to supporting our Indigenous clients in meeting a wide range of objectives and, to this end, we believe we are the only full-service law firm in Canada that make it a policy not to take on matters that could be adverse to the interests of Indigenous communities.

Our experience includes:

• the customizing and setting up of economic development entities on behalf of First Nation communities;
• drafting governance policies for boards of directors of economic development corporations and providing guidance on the application of governance policies;
• the design and implementation of investment vehicles including limited partnerships, corporations and trusts;
• the facilitation of relations and dialogue between Indigenous communities, government and other involved parties;
• advice on self-governance related matters and the development of policies, by-laws and land laws applicable to the community;
• consultation advice and the negotiation of impact benefit, community benefit and cooperation agreements;
• the negotiation and implementation of settlement agreements;
• advice to communities on Indigenous rights on and off Reserve;
• the creation of environmental policies for First Nations as it relates to the management of and protection of lands and waters.
• advice regarding and where necessary litigation of treaty and Indigenous rights issues;

Our Indigenous Law Practice Group understands the unique circumstances and complexities of Indigenous affairs and the dynamic relation between the various parties. We anticipate potential issues, employ strategies to avoid them, and find creative solutions to overcome them.

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