Claire Truesdale

Partner

She/Her/Hers
  • ctruesdale@jfklaw.ca
  • P 604-687-0549 ext 201
  • C 778-819-3861
  • 260 - 200 Granville Street Vancouver, BC V6C 1S4

Claire practices Aboriginal, environmental and constitutional law at JFK’s Vancouver office with a focus on litigation, modern treaty negotiation and Indian registration (Indian status). She is passionate about pushing the law for greater recognition of Indigenous rights and self-determination, offering her clients advice that is both practical and creative. She works to make court and tribunal processes more transparent and accessible for Indigenous leadership and community members.

Claire advises Indigenous governments and individuals on a variety of legal issues. She has particular expertise in fisheries, water rights and governance, legal interests in reserve land and land management, Indigenous membership or citizenship, and Indian registration (Indian status). She also advises First Nations on these issues in modern treaty negotiations.

Claire pursues justice for her clients at courts and tribunals in specific claims, judicial review, trial and appeal proceedings on matters of Aboriginal and treaty rights, consultation and accommodation, jurisdiction, Charter rights, breach of fiduciary duty, and disputes under the Indian Act. She has appeared at the Specific Claims Tribunal, British Columbia Supreme Court, British Columbia Court of Appeal, Alberta Court of King’s Bench, Alberta Court of Appeal, Saskatchewan Court of King’s Bench, Saskatchewan Court of Appeal, Federal Court and Supreme Court of Canada. Claire is experienced intervener counsel, having appeared on behalf of interveners at the Supreme Court of Canada four times, and twice at other appellate courts.

Prior to joining JFK, Claire was a judicial law clerk at the Ontario Court of Appeal where she worked on a wide range of criminal and civil law issues for Justices Watt, MacFarland, Juriansz and Strathy. Claire had the honour of assisting Justice Harry LaForme of the Mississaugas of the Credit First Nation, the first Indigenous person appointed to an appellate court in Canada, with a paper on the development of Aboriginal rights under section 35 of the Constitution.

Outside of her work Claire enjoys the beautiful outdoors of BC by running, hiking, camping, skiing and playing soccer with a great team of other women over 30 just waiting for their knees to give out. Claire is a former university athlete and acted as Chair of the University of Victoria Vikes Women’s Rowing Alumni Chapter to support the next generations of student athletes. She is also a past Chair of the Aboriginal Law Section of the Canadian Bar Association (2021-2022) and former Chair of the Aboriginal Law – Vancouver Island Subsection (2016-2018).

 

 Practice Focus:

  • Aboriginal and treaty rights litigation
  • Specific claims
  • Intervener representation at the Supreme Court of Canada and other appellate courts
  • Indian registration, band membership Indigenous citizenship
  • Property disputes on reserve
  • Aboriginal and treaty fishing rights
  • Water rights and governance
  • Modern treaty negotiation and litigation

 

Qualifications:

  • Called to the Alberta Bar, 2018
  • Called to the British Columbia Bar, 2013
  • Called to the Ontario Bar, 2013
  • University of Victoria, J.D., 2012
  • Simon Fraser University, B.A., 2008

Selected Publications and Presentations

  • Claire Truesdale, “Reference re An Act respecting First Nations, Inuit and Métis children, youth and families – Overview and Implications” (delivered at the Pacific Business and Law Institute Conference: Developments in Aboriginal and Indigenous Law 2024, 22 October 2024)
  • Claire Truesdale, “Reference re An Act respecting First Nations, Inuit and Métis children, youth and families – Overview and Implications” (delivered to the Aboriginal Law – Vancouver Island Section of the Canadian Bar Association, 24 May 2024)
  • Claire Truesdale, “COVID 19 and Indigenous Communities: Impacts on Indigenous Employers and Employment Issues, Courts and Consultation” (delivered at the Pacific Business and Law Institute Conference: COVID 19 and Indigenous Communities, 26 May 2020)
  • Claire Truesdale, “Helping Indigenous Clients Apply for Registration under the Indian Act” (delivered at the Legal Services Society Provincial Advocates Conference, 9 October 2019)
  • Claire Truesdale and Karey Brooks, A Guide to Aboriginal Harvesting Rights (Vancouver: Legal Services Society, 2017)
  • Claire Truesdale, “Gender Discrimination and Indian Status” (delivered to the Aboriginal Law – Vancouver Island Section of the Canadian Bar Association, 25 November 2016)
  • Claire Truesdale, “Excluded by the Accidents of History – Implications of the Daniels Decision for Non-Status Indian People and Communities” (delivered at the Pacific Business and Law Institute Conference: The Daniels Case at the Supreme Court of Canada: Recognition of Métis and Non-Status Aboriginal Peoples, 23 June 2016)
  • Justice Harry S. LaForme with the assistance of Claire Truesdale, “Section 25 of the Charter; Section 35 of the Constitution Act, 1982: Aboriginal and Treaty Rights – 30 Years of Recognition and Affirmation” in Errol Mendes & Stéphane Beaulac, eds., Canadian Charter of Rights and Freedoms (Markham: LexisNexis Canada Inc., 2013)

Claire Truesdale provides legal services through Claire Truesdale Law Corporation

2026 LEXPERT-ranked Lawyer

Highlights

  • Counsel for Songhees Nation in McEwen v. Songhees Nation, 2025 BCSC 1167

  • Counsel for the Okanagan Indian Band at the Specific Claims Tribunal in
    Okanagan Indian Band v. His Majesty the King in Right of Canada, 2024 SCTC 3 and 2024 SCTC 4

  • Counsel for the Aseniwuche Winewak Nation at the Supreme Court of Canada and Quebec Court of Appeal in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 and 2022 QCCA 185

  • Counsel for the Te’mexw Treaty Association at the Court of Appeal for British Columbia in Ahousaht Indian Band and Nation v. Canada (Attorney General), 2021 BCCA 155

  • Counsel for the Okanagan Indian Band at the Supreme Court of British Columbia in Simpson v. Ziprick Estate, 2020 BCSC 401

  • Counsel for the Te’mexw Treaty Association at the Supreme Court of Canada in Ktunaxa v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54

  • Counsel for Aseniwuche Winewak Nation at the Supreme Court of Canada in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12

  • Assists the Te’mexw Treaty Association and its member Nations in their ongoing modern treaty negotiations in the British Columbia Treaty Process

Publications

Claire Truesdale and Molly Churchill Represent OKIB at SCC in Quebec v. Pekuakamiulnuatsh Takuhikan

On April 24, 2024, Claire Truesdale and Molly Churchill represented Okanagan Indian Band (“OKIB”) […]

SCC Upholds Indigenous Jurisdiction in Reference re An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Part 1 of 2)

Today the Supreme Court of Canada (SCC) issued its long-awaited decision on the constitutionality […]

Constitutionality of Indigenous child welfare law to be decided by the Supreme Court of Canada

UPDATE: The SCC has extended the usual timeline for filing interventions. The deadline for […]

Agreements-in-Principle reached for First Nations Children

Introduction On January 4, 2022, Agreements-in-Principle (“AIP”) were reached between the Assembly of First […]

Proposed settlement of First Nations class action on safe drinking water

On September 15th, the Government of Canada reached an agreement with Curve Lake First […]

JFK Law COVID-19 Report for the week of May 11, 2020

Consultation in the Time of COVID-19 The COVID-19 pandemic is raising serious, immediate concerns […]

JFK Law COVID-19 Report for the week of April 20, 2020

In an effort to support our clients and all Indigenous communities across Canada, JFK […]

Jumbo Glacier Resort Project Status Uncertain as BC Court of Appeal Reaffirms Ministry of Environment Decision

Summary: Glacier Resorts Ltd. v British Columbia (Minister of Environment), 2019 BCCA 289 In […]

Leave to Appeal to SCC Denied in WestJet Sexual Harassment Class Action

The Supreme Court of Canada has denied WestJet Airlines Ltd leave to appeal a […]

JFK Law’s Truth and Reconciliation Action Committee 2018 Status Report

JFK Law’s Truth and Reconciliation Action Committee is pleased to present our 2018 Status […]

Supreme Court of Canada Releases Important Decision on Duty to Consult and Protection of Sacred Places

Today the Supreme Court of Canada released a much awaited decision regarding a challenge […]

Quebec Court of Appeal to hear Appeal of Denial of Extension of Time to Eliminate Gender Discrimination in Indian Act

The federal government has returned to court once again to seek more time to […]

Government Misses another Court Deadline to Remove Gender Discrimination from Indian Act

With Parliament and the Senate adjourned until the fall, the federal government will miss […]

Lynn Gehl Wins Fight for Indian Status at Ontario Court of Appeal

The Ontario Court of Appeal has released its decision in Gehl v Canada, 2017 […]

Sixties Scoop Survivors Win First Stage of Court Battle

The Ontario Superior Court has ruled in favour of Aboriginal Plaintiffs who were removed […]

Supreme Court of Canada Grants Leave to Appeal in Peel Watershed Case

The Supreme Court of Canada has granted leave to appeal in First Nation of […]

Supreme Court of Canada Releases Daniels Decision

The Supreme Court of Canada has released its decision in Daniels v. Canada. For a primer […]

Canada Announces Inclusive Approach to Inquiry into Missing and Murdered Indigenous Women

This morning federal Ministers Jody Wilson-Raybould (Department of Justice), Carolyn Bennett (Indigenous and Northern […]

Yukon Court of Appeal kills Yukon’s Peel Watershed plan, but parties sent back to the drawing board

On November 4, 2015, the Yukon Court of Appeal released its decision about Yukon’s […]

UVic Law’s AbCamp Celebrates its 20th Anniversary

On September 26, 2015, I attended the 20th Anniversary feast of the University of […]

Ontario Court Leaves in Place Voter ID Requirements that Pose Challenge to Aboriginal People

Council of Canadians v. Canada (Attorney General), 2015 ONSC 4601 In this case the […]

JFK Court Report: Recent Cases from Ontario

Kassian Estate v. Canada (Attorney General), 2015 ONCA 544 This case arises from an […]

The Problem with Indian Status, Part 3: Policy and Administration

Part 3 of a three-part series, this post explores problems with the policy and […]

The Problem with Indian Status, Part 2: The Law

Part 2 of a three-part series, this post covers problems with the law on […]

The Problem with Indian Status, Part 1: So Who Gets Status Anyway?

Part 1 of a three-part series on Canada’s Indian Act status regime. This post […]

JFK Court Report: Recent Cases from Ontario

Charter Challenge to the Indian Registrar’s Unstated Paternity Policy Gehl v Attorney-General of Canada, […]

JFK Court Report: Recent Cases from Ontario

“There can only be hope”: sentencing aboriginal offenders with compassion and context R. v. […]

Carter v. Canada – the Supreme Court of Canada affirms the right to physician assisted death

Introduction The Supreme Court of Canada issued its judgment in Carter v Canada on […]

JFK Court Report: Recent Cases from Ontario

The Ontario courts were fairly quiet on Aboriginal law in late 2014, however two […]

Yukon court overturns government land use plan for the Peel Watershed

  On December 2, 2014 the Yukon Supreme Court released its decision quashing a […]

Canada Launches New Aboriginal and Treaty Rights Information System

This fall, Aboriginal Affairs and Northern Development Canada, or AANDC, launched a new online […]

Supreme Court of Canada Releases Landmark Aboriginal Title Decision Tsilhqot’in v. British Columbia

On June 26, 2014, the Supreme Court of Canada granted the first ever declaration […]