Mark Gustafson


  • P 250-405-3570
  • C 250-580-2767
  • 816 - 1175 Douglas Street Victoria, BC V8W 2E1

Mark practices aboriginal and administrative law with a focus on Crown consultation, natural resource law and constitutional litigation. With experience developed from a national practice covering multiple provinces and territories, Mark provides advice that is tailored to specific goals and needs of each client.


Mark has a balanced practice primarily focused on advising aboriginal clients on strategic approaches to crown consultation, provincial and federal regulatory processes and negotiations of agreements. He has experience negotiating impact benefit agreements with proponents of all sizes. He regularly advises First Nations in regulatory hearings and environmental assessments for projects ranging from open pit oil sands mines to limited exploratory programs. Mark’s practice involves a strong community focus and helping communities develop internal capacity.

Mark also practices civil litigation and has experience assisting First Nations in various courts to challenge government decisions, federal and provincials laws and actions of private parties that impact aboriginal peoples.

In addition to his work on behalf of Aboriginal clients, Mark also provides support to administrative boards and tribunals.

Practice Focus:

  • Duty to consult and accommodate
  • Environmental assessments and regulatory proceedings
  • Impact benefit agreement negotiations
  • Land use planning initiatives
  • Crown policy and legislative development
  • Constitutional litigation


  • Called to the British Columbia Bar, 2011
  • Called to the Alberta Bar, 2012
  • Mark is proud to have sworn his barristers and solicitors oath at Mission Point, in Kitkatla, BC with members of the Gitxaała community.
  • University of Toronto, J.D., 2010
  • Columbia University, B.A., summa cum laude, 2005


  • Co-Counsel for coalition of 9 Alberta First Nations challenging Alberta land use regulations for infringing Treaty rights and lack of consultation

  • Drafted consultation and industry funding agreements for First Nations

  • Negotiated impact benefit agreements for natural resource projects in jurisdictions across western Canada (including oil sands projects, mining projects, exploratory work, and pipelines)

  • Advised First Nations on raising indigenous knowledge and aboriginal rights during development of provincial land use planning initiatives

  • Counsel for First Nation in statutory review of the Lower Athabasca Regional Plan