Karey Brooks, KC
Partner
She/Her/Hers- kbrooks@jfklaw.ca
- P 604-687-0549 ext 102
- C 778-990-8129
- Legal Administrative Assistant Chelsea Powers 604-687-0549 ext. 124 cpowers@jfklaw.ca
- 260 - 200 Granville Street Vancouver, BC V6C 1S4
Karey primarily acts for First Nations and First Nations organizations in court and negotiations with government and industry on matters relating to Aboriginal rights and title, consultation, regulatory matters, including environmental assessments, and general governance matters, including status and membership issues. Karey also has experience in other public law related work, including with respect to Charter rights litigation and public inquiries.
Karey Brooks, KC, a partner at JFK Law LLP, was one of the original members of the firm in 2009. She specializes in civil litigation, focusing on Aboriginal, constitutional, and administrative law. She has represented clients at all levels of court across British Columbia, Alberta, and Ontario. Karey’s primary role involves advocating for First Nations and their organizations in both legal and negotiation contexts with governments and industries on issues related to Aboriginal rights and title, consultation, regulatory matters and general governance issues like status and membership.
In her extensive legal career, Karey has handled complex litigation involving Indigenous rights including:
- Representing Beaver Lake Cree Nation in addressing the industrial impacts on traditional lands, enforcing treaty rights protections, and securing a landmark advance cost order for government-funded litigation costs.
- Representing Kwikwetlem First Nation in its Aboriginal title claim, tackling novel issues of land rights extinguishment and Charter claims due to an absent Aboriginal land title registration system.
- Representing Grassy Narrows First Nation in challenging the provincial authority’s application of the “taking up” clause under Treaty 3.
- Representing Snaw-Naw-As Nation in reclaiming lands no longer used for railway purposes and pursuing remediation damages.
- Representing Ermineskin First Nation in a Charter claim for safe drinking water on the reserve.
- Representing Mikisew Cree Nation in enforcing government consultation obligations on legislative changes affecting treaty rights.
- Representing individuals challenging the Peters Nation Band Council’s membership denial decisions.
Additionally, Karey has extensive experience in public law, including Charter rights and public inquiries, having served as Associate Commission Counsel for the BC Missing Women’s Commission of Inquiry (the Oppal Commission). She is currently the lead counsel in a class action against WestJet Airlines, focusing on systemic breach of contract issues, particularly the adequacy of the airline’s anti-harassment program.
Karey is highly regarded in the legal community, recognized by “Benchmark Litigation” and “Chambers and Partners” for her expertise in Aboriginal Law. She has been named one of The Best Lawyers in Canada in Aboriginal Law since 2017 and received accolades such as the UBC Law School Outstanding Young Alumnus Award in 2016 and was listed as one of Canada’s legal Rising Stars by Lexpert in 2015. Since 2017, she has also been ranked as a Leading Lawyer in Aboriginal Law by The Canadian Legal Lexpert Directory.
In 2021, Karey was appointed King’s Counsel. In 2022, Karey was elected as a Fellow into the International Academy of Trial Lawyers.
Karey is regularly asked to chair and present in CLE programs on topics relating to aboriginal law and advocacy including for the CLE, Trial Lawyers, and PBLI. Karey also pursues continuous education, holding two Masters of Law degrees from Osgoode Hall Law School.
Practice Focus
- Aboriginal rights litigation
- Duty to consult and accommodate
- Regulatory hearings
- Land use planning
- Band governance
- Charter rights
- Commissions of inquiry
Education
- Osgoode Hall Law School, LL.M. (2005)
- University of British Columbia, LL.B. (2002)
- University of British Columbia, B.A. (1998)
Karey Brooks provides legal services through Karey Brooks Law Corporation.
Highlights
Counsel to Mandy Lewis with respect to a class action proceeding against Westjet for breach of its Anti-Harassment Promise. Successfully defended an application by Westjet to strike the claim. Lewis v. Westjet (BC Supreme Court, 2017 and BCCA 2019)
Co-counsel with Robert Janes for Mikisew Cree First Nation to challenge changes to federal environmental laws on the basis of a failure of adequately consult. Mikisew v. Canada (SCC, 2018)
Counsel for Mikisew Cree First Nation on the hearing of an approval for an oil sands mine in Alberta (October-December 2018). Teck Resources Ltd (Alberta Energy Regulator)
Counsel for three individuals seeking to judicial review decisions of band council to deny them membership under a custom membership code. Peters v Peters First Nation Band (FC, 2018)
Counsel for Kwikwetlem First Nation in their Aboriginal title litigation. Brought an application to strike certain defences of the Province relating to extinguishment. Giesbrecht v British Columbia et al (BCSC, 2018)
Counsel to the BC-LGBTQ Coalition intervening at the BC Supreme Court, BC Court of Appeal and the Supreme Court of Canada with respect to whether the Law Society of BC struck the appropriate balance between equality rights and religious freedom in deciding to refuse accreditation to Trinity Western University’s proposed school of law. Trinity Western University v. Law Society of British Columbia (SCC, 2017)
Counsel for the intervener Aseniwuche Wineak Nation at the Supreme Court of Canada case about whether non-status Indians and Metis are “Indians” for the purpose of s.91(24) of the Constitution Act, 1867. Daniels v. Canada (Indian Affairs and Northern Development) (SCC, 2016)
Co-counsel for WAVAW intervening in the Canadian Judicial Council’s Inquiry into whether Federal Court Justice Robin Camp should be removed from the bench for misconduct while presiding over a sexual assault trial.
Acted for the Te’mexw Treaty Association intervening in the Supreme Court of Canada concerning proper interpretation of Treaty 3 hunting rights and ability of governments to limit those rights. (Keewatin v. Ontario (Minister of Natural Resources) (SCC, 2014))
Acted for Grassy Narrows First Nation in the 70 day trial on the proper interpretation of Treaty 3 taking up clause and in the Ontario Court of Appeal. (Keewatin v. Ontario (Minister of Natural Resources)
Acted for the Te’mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general application apply to Aboriginal title land. Tsilhqot’in Nation v. British Columbia (SCC, 2014)
Acted for White River First Nation with respect to whether the Director of Mineral Resources breached his duty to consult and accommodation White River in allowing a mining project to be considered for regulatory approval. (White River First Nation v. Yukon Government (YKSC, 2013)
Acted as Associate Counsel to the Oppal Commission with respect to an inquiry into the police investigations into the missing and murdered women of the downtown eastside between 1997-2002 and Crown counsel’s decision to stay charges against Robert Pickton in 1997. (Missing Women Commission of Inquiry (September 29, 2010 – November 30, 2012)
Publications
Introduction On February 19, 2025, the Federal Court released an important decision (Kebaowek First Nation v Canadian Nuclear Laboratories)
Ten of JFK Law’s lawyers are recognized as top Aboriginal Law Practitioners in the