Litigation and Dispute Resolution
Using the courts strategically to advance your Nation’s Rights
Our team of experienced litigators advance our clients’ interests in courts across the country. We prove and protect your rights through strategic litigation, including Aboriginal rights and title cases, Treaty infringement litigation, judicial reviews, and interventions in important cases.
Consultation, Accommodation and Regulatory Review
Making the Crown comply with the duty to consult and accommodate
We help our clients advance their right to free, prior and informed consent when consulting with the Crown. This includes helping Indigenous communities develop their own consultation processes, negotiate alternatives to the duty to consult framework, respond to referrals in their traditional territories, engage in environmental assessment processes, and challenge decisions made without proper consultation and accommodation.
Securing and implementing your community’s rights through complex negotiations
Our lawyers support Indigenous communities in advancing their rights and securing economic opportunities through complex negotiations with government and industry, including impact benefit agreements, complicated commercial agreements and modern treaties. We focus on pushing the envelope and ensuring that government and industry respond to what our clients want to achieve.
Economic Development and Governance
Helping build strong, sustainable communities
JFK Law works alongside Indigenous communities to advance self-government and build a solid foundation for economic development.
From our Blog
On November 1, 2023 the Quebec Superior Court released its R v Montour decision (2023 QCSC 4145) in which it recasts the section 35(1) test for Aboriginal rights in Canada. In this post we summarize the case and highlight the following two key reasons why this case is one to watch: (1) the trial judge’s
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The Challenges with Indigenous Class Actions and Contingency Fees in the Era of Indigenous Self-DeterminationNovember 20, 2023 | Uncategorized
Introduction In recent years, there have been an increasing number of class action lawsuits alleging systemic discrimination against Indigenous peoples resulting in large financial settlements – and large payments for plaintiffs’ counsel in the millions of dollars. The receipt of such large fees for class counsel raises important questions about the role of class actions
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Summary Report Cites Sara Mainville’s Presentation on Anishinaabe Law-Making at National Gathering on the Recovery of Missing Children and Unmarked Burial SitesNovember 16, 2023 | Uncategorized
In March 2023, the Office of the Independent Special Interlocutor to Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools released the Summary Report on National Gathering on Unmarked Burials: Upholding Indigenous Laws in the Search and Recovery of Missing Children. The Summary Report cites Sara Mainville’s work and her important
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