Litigation

JFK Law’s team of talented, experienced litigators have led Aboriginal rights litigation for Indigenous Nations, including many of the leading Aboriginal law cases over the past two decades. Our team have led litigation cases across the country, at every level of court. They have extensive courtroom experience. They advance each case with rigour, skill, passion and the strategy required to achieve our client’s objectives.

Our past and current cases cover a wide range of subject matters in the following areas listed below.

Expertise

Aboriginal and Treaty Rights Litigation

The main focus of our litigation practice is in assisting Indigenous Nations to use the courts strategically to protect and enhance their Aboriginal and Treaty rights. This can take many forms, including seeking declarations of Aboriginal rights and title, challenging Crown decision making that impacts your Nations lands and way of life, and seeking compensation and other remedies when your rights have been infringed.

Specific Claims Resolution

JFK Law is a leader Specific Claims, with lawyers across Canada guiding First Nations through every stage of the process to seek compensation from Canada for historical breaches of its lawful obligations.

Governance, Reserve Land and Commercial Disputes

Our firm regularly represents Indigenous Nations and individuals in litigation arising from the day-to-day administration of their communities, including:

assisting in disputes over elections and governance matters;
representing clients in litigation about on-reserve property rights and certificates of possession; and
assisting Indigenous Nations and economic development corporations with commercial and contractual disputes.

Constitutional and Public Law

We have litigated leading cases under the Charter of Rights and Freedoms to challenge historic and ongoing discrimination, protect freedom of expression and freedom of association, and safeguard security of the person. We also have extensive experience with other aspects of constitutional law, including the division of powers between the provincial and federal governments, and the constitutional protections of the superior courts and the rule of law.

A core aspect of our work is administrative law, which concerns the exercise by boards, tribunals and other decision-makers of the powers give to them in legislation. We have deep experience in challenging and defending such decisions in a wide variety of contexts.

Services

What We Do

Inuit Nunangat Services

JFK is a leader in supporting Inuit within and outside of Inuit Nunangat. Our work with Inuit Treaty Organizations, Regional Inuit Associations, Landholding Corporations, Hunters and Trappers Associations, cultural institutes, and individuals is undertaken with a deep understanding and respect for the unique legal, historical, cultural, and geographical realities of Inuit within Canada.

Indigenous Nations Taxation Issues

There are numerous special protections and advantages provided to Indigenous Nations individuals and their businesses through the Indian Act and the Income Tax Act. Principally, Canadians who are “Indians” under the Indian Act are protected from federal, provincial and municipal taxes on their on-reserve property.

Taking advantage of these protections in order to advance business development is complex, and as a result many Indigenous Nations individuals and their businesses do not obtain their full benefit. Our firm has successfully litigated complex Indigenous Nations taxation matters, allowing our clients to fully realize the tax protections granted under the Indian Act and increasing the scope of these protections.

Research & Claim Development (Specific Claims)

We represent clients from early research and development through negotiation and, where needed, proceedings before the Specific Claims Tribunal. Working with expert historians, we develop comprehensive claims supported by strong historical documentation and legal analysis. Our track record of claims accepted for negotiation reflects that disciplined approach.

Strategic Negotiation & Settlement (Specific Claims)

We have successfully resolved claims resulting in significant outcomes in terms of land repatriation and wealth creation for our clients. We support the entire settlement process, from strategy development through ratification, ensuring agreements benefit both current and future generations. Our settlements include complex multi-million-dollar agreements.

Tribunal Advocacy & Compensation (Specific Claims Tribunal)

When negotiations are unsuccessful or Canada refuses to negotiate, JFK Law provides focused advocacy before the Specific Claims Tribunal, drawing on our litigation experience and understanding of the Tribunal’s specialized procedures and context.

Funding Support (Specific Claims)

Claims typically move through established stages: research and development; submission; Canada’s three-year assessment period; and, if accepted, a three-year negotiation period. We help clients secure funding and manage the process at each stage.