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, Mark provides advice that is tailored to specific goals and needs of each client. Mark regularly advises First Nations on all matters relating to natural resources projects, including Crown consultation processes, regulatory hearings and environmental assessments. He has experience negotiating and drafting impact benefit agreements with proponents of all sizes. Mark’s practice involves a strong community focus and helping communities develop internal capacity.

Mark also practices civil litigation and has experience representing First Nations in challenges to government decisions, federal and provincials laws and actions of private parties that impact aboriginal peoples. He regularly advises First Nations on matters relating to the development of government policies and legislation.

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

Mark is proud to have sworn his barristers and solicitors oath at Mission Point, in Kitkatla, BC with members of the Gitxaała community.

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
  • Administrative law
  • Constitutional litigation

Education & Professional Membership:

  • Member of the British Columbia and Alberta Law Societies
  • University of Toronto, J.D.
  • Columbia University, B.A., summa cum laude


  • Acting for the Mikisew Cree First Nation in its petition to UNESCO’s World Heritage Committee to have Wood Buffalo National Park inscribed on the list of World Heritage in Danger, resulting in the development of an action plan for the Park.

  • Acting for coalition of 9 Alberta First Nations challenging new land use regulations, resulting in amendments to exempt Treaty rights from permitting requirements.

  • Representing Alberta First Nation in a statutory review of a land use plan, resulting in a determination that the plan adversely impacted Treaty rights.

  • Negotiating impact benefit agreements, consultation agreements and IK sharing agreements for natural resource projects across western Canada.

  • Advising on a $150 million investment by a First Nation in a natural resource project through the issuance of a secured note.

  • Preparing rules of practice for northern co-management board.

  • Advising band councils on conflict of interest issues.

  • Advancing the interests of indigenous communities in regulatory proceedings before the National Energy Board, Alberta Energy Regulator and the Canadian Environmental Assessment Agency.