Clayton Leonard

Senior Counsel

He/Him/His
  • cleonard@jfklaw.ca
  • P 250-405-3460
  • C 587-896-4319
  • Legal Administrative Assistant Nicole MacDonald 250-405-3467 nmacdonald@jfklaw.ca
  • 816 - 1175 Douglas Street Victoria, BC V8W 2E1

Clayton Leonard advises Aboriginal communities and land owner clients on resource projects and government policy and legislation.

A significant amount of Clayton’s practice relates to water management and allocation, Treaty and Aboriginal water rights and other water issues facing First Nations and other stakeholders. Clayton also has significant experience regarding First Nation Treaty and Aboriginal rights matters, Métis Aboriginal rights, Aboriginal governance issues, negotiating impact benefit agreements with industry and influencing government decisions regarding major projects, policy and legislation. Clayton also represents landowners impacted by major projects.

Clayton was named one of Canada’s Leading Lawyers in The Canadian Lexpert Legal Directory – Aboriginal Law and in 2002 Clayton was recognized with the Harris Gillespie Field, Q.C. Prize in Environmental Law.

Practice Focus

  • Treaty Rights
  • Duty to consult and accommodate
  • Environmental assessments and regulatory proceedings
  • Impact benefit agreement negotiations
  • Crown policy and legislative development
  • Water Rights
  • Water Issues Facing First Nations
  • Landowners

Publications

  •  “Three Out of Ten: The odds of finding a solution to First Nation water rights in Alberta”, 2017.
  • “Watered Down: Issues Surrounding Water Use, Legislation and Policy in Southern Alberta”, 2007.
  • “A New Era in Metis Constitutional Rights: The Importance of Powley and Blais”, 2004.

Education

  • British Columbia Bar (2017)
  • Alberta Bar (2004)
  • LL.B. (Alberta, 2003)
  • Honours B.A. in Native Studies with Distinction (Alberta, 2000)

Highlights

  • Counsel to ranching and other rural families impacted by the proposed Springbank Dry Dam, one of the largest flood mitigation projects in Alberta’s history. www.dontdamnspringbank.org

  • Advisor to a number of First Nations on water and wastewater infrastructure including water supply agreements, licensing and regulatory issues, and participation in regional water systems.

  • Counsel to the Chiefs Water Committee of the Assembly of Treaty Chiefs (Alberta) on the first federal legislation First Nation drinking water.

  • Counsel to Metis communities on the Government of Alberta’s policy on Metis consultation and on major oilsands projects impacting Metis communities.

  • Successfully negotiated a number of impact benefit agreements resulting in substantial community benefits and economic development opportunities for First Nations in the resource sector.

  • Has briefed the Assembly of Treaty Chiefs (Alberta) a number of times on current consultation, water and Treaty rights issues.

  • Counsel to a First Nation on the creation of a new service rig company, one of the first to be wholly owned and operated by one First Nation, resulting from a collaboration between a major oilsands producer and the First Nation.

  • Counsel to First Nations in Alberta on the development and review of the Government of Alberta’s First Nations Consultation Policy.

Publications

Supreme Court of Canada decides issues of limitation periods and declaratory relief in Aboriginal and treaty rights cases

Today the Supreme Court of Canada released its unanimous decision in Shot Both Sides v. Canada, 2024 SCC 12, which deals

Supreme Court of Canada Upholds the Vuntut Gwitchin First Nation’s Election Residency Requirement in Dickson v. Vuntut Gwitchin First Nation

This is Part 1 of JFK Law’s 3-part in-depth blog series on the Supreme Court of Canada’s decision in

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