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Aboriginal Rights and Title
We are one of Canada's most experienced law firms working for First Nations clients to:
- Assert, protect and litigate Aboriginal rights and title to land and resources.
- Provide legal expertise for economic development & corporate organization.
- Provide effective advice on Band Governance issues.
- Negotiate treaties, strategic partnerships and other agreements.
- Utilize all available tax exemptions.
- Ensure productive employment relationships and reduce employment liabilities.
WOODWARD & COMPANY
2nd Floor, 844 Courtney Street
Victoria, BC V8W 1C4
P: (250) 383-2356
F: (250) 380-6560
E: reception@woodwardandcompany.com
Skype: woodward.and.company
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July 1, 2009
Co-operative Financial Services to Visit Beaver Lake Cree Pow Wow
Co-operative Financial Services, a socially responsible investment group, is visiting the Beaver Lake Cree Nation Pow Wow this weekend to make its second sizable donation to Beaver Lake's action against tar sands expansion. Bank officials will tour the tar sands in the air and on the ground to view local impacts.
They will be bringing a number of international journalists with them.
A copy of the press package is available from the Events section of the Raven Trust website located at: www.raventrust.com.
Prosperity Panel Delayed
The Tsilhqot’in Nation is raising its voice in the federal Panel review of Taseko Mines Ltd.’s proposed Prosperity Gold-Copper Mine, which would be located in the heart of its traditional hunting and trapping grounds, and require the complete destruction of a pristine mountain lake (Teztan Biny/Fish Lake) that has been a traditional Tsilhqot’in fishery for centuries. The Panel recently issued a decision agreeing with the Tsilhqot’in Nation’s submissions that Taseko’s Environmental Impact Statement (EIS) for the project is deficient and key information is still required before the Panel can proceed to public hearings. The Panel noted, in particular, that more information is required on the potential impacts of the project on traditional use of the area by First Nations.
The panel's decision is available here.
June 4, 2009
Aboriginal Rights Lawyers Respond to Proposed Recognition Legislation
Jack Woodward and Murray Browne, of Woodward & Company, are among a group of prominent Aboriginal rights and title lawyers who have sent a critical response to the British Columbia Government on its proposed recognition legislation.
Among other issues, the group noted that:
- the form of Aboriginal title proposed for recognition appears to be a significantly watered
down version;
- it is legally problematic to pursue artificial
amalgamation of First Nations or Bands who happen to share a language or region; and
- there is a high risk that the proposed legislation would remove the ability of
First Nations to negotiate accommodation based on infringements of rights and title.
You can download the Commentary here.
Coverage from the Vancouver Sun is available here.
June 3, 2009
Woodward & Company Lawyers Author Guide to Benefits Sharing Agreements
Murray Browne and Krista Robertson recently co-authored a publication entitled "Benefit Sharing Agreements in British Columbia: A Guide for First Nations, Businesses, and Governments."
The Guide was prepared for the Ecosystem-Based Management Working Group, and results from a comprehensive review of Impact Sharing Agreements, also known as Impact Benefits Agreements or Socio-Economic Participation Agreements, in a number of industries operating in BC and elsewhere.
We want to congratulate Krista and Murray on completing this momentous task.
You can download the Guide here.
Upcoming CBA Conference on Aboriginal Title and Overlaps
Krista Robertson is Co-Chairing the Canadian Bar Association National Aboriginal Law Conference on June 12-13, 2009 in Victoria, B.C. The topic of the Conference is Overlapping Territorial Claims – Models for Dispute Resolution and Business Structures. Gary Campo is on the organizing committee and will be a panel moderator. Murray Browne and David Robbins will be presenting.
This program will present tools for resolving overlapping claim disputes to achieve reconciliation initiatives. Practical, solution oriented panels will explore indigenous legal approaches to overlap resolution, negotiated protocol agreements and third party dispute resolution models.
Tools for structuring accommodation agreements with multiple Aboriginal parties, including business and tax structure models, will also be examined.
Summary of Agenda:
June 12
- Working with Overlaps in the Modern Treaty Context
- Working with Overlaps in the Aboriginal Rights and Title Context
- Working with Overlaps in the Business Context
June 13
- Accommodation Agreements and Overlaps
- Multiple Nation Project Case Study: The McKenzie Valley Pipeline
- Overlapping Aboriginal Title Claims: The Australian Experience
This is a non-profit Conference presented by the Canadian Bar Association National Aboriginal Law Section and the Continuing Legal Education Committee. The program will be of interest to Aboriginal leaders, lawyers, negotiators and resource staff. Please see the attached brochure for further details.
Please see the brochure.
March 4, 2009
Beaver Lake Cree Get International Help in Their Fight Against the Tar Sands
Woodward & Company traveled to London, England last week with Chief Al Lameman of the Beaver Lake Cree Nation to meet with representatives of the Manchester-based bank Co-operative Financial Services ("CFS"). CFS is a social-goals oriented, membership-driven bank with a progressive economic vision. Last year, they turned their sights on the madness of the Alberta tar sands and this year prepared to launch a campaign against the use and development of unconventional fossil fuels.
As part of their campaign, CFS wanted to help fund the Beaver Lake Cree's efforts to protect the land from the ravages of tar sands development. During the visit to London, Jack Woodward presented on Tar Sands and Traditional Use to Friends of the Earth and People and Planets and lectured at both the London School of Economics and London University. Beaver Lake Cree representatives met with British Members of Parliament to discuss tar sands and climate change and attended a protest in Trafalgar Square before the Canadian Embassy.
Beaver Lake Cree Nation Press Release
The Guardian
The Financial Times
CBC
February 15, 2009
Class Action to Protect Wild Salmon
Woodward & Company is acting as co-counsel on a class action brought on behalf of all members of the First Nations who have constitutionally protected Aboriginal and/or treaty rights to fish wild salmon for sustenance, food, social and ceremonial purposes within the Broughton Archipelago. The boundaries of the Broughton Archipelago are set out in the map attached to the statement of claim (below) which more fully describes this class action. The action was filed in the British Columbia Supreme Court on February 4, 2009.
Kwicksutaineuk/Ah-Kwa-Mish First Nations Press Release
Statement of Claim
January 26, 2009
Woodward Workshops in First Nations Law and Governance
Lawyers from Woodward & Company are presenting a series of high-quality, low-cost workshops on various essential law and governance topics that directly impact First Nations and their citizens. Further information on each topic is available on the registration form that follows each upcoming workshop listed below. Stay tuned for updates on times and locations.
Completed Workshops
- Workshop #1: Decoding Membership Codes with with Leah Mack and Jenny Biem, September 25, 2008 - hosted by Chemainus First Nation.
- Workshop #2: On-Reserve Housing with Heather Mahony and Leigh Anne Baker, October 1, 2008 - hosted by Snuneymuxw First Nation.
- Workshop #3: Taxation with Jack Woodward, David Robbins and Gary Campo, November 5, 2008 - hosted by Cowichan Tribes.
- Workshop #4: Specific Claims with Dominique Nouvet and researcher Neil Vallance, November 13, 2008 - hosted by T'Sou-ke Nation.
- Workshop #5: Residential School Claims with Alana Degrave, November 18, 2008 - hosted by Tseshaht First Nation.
- Workshop #6: Aboriginal Employment Law with Alana Degrave and Leah Mack, co-hosted with Coast Salish Training and Employment Society, February 19, 2009 - at the Travelodge Silver Bridge Inn, Duncan, BC.
Upcoming Workshops
- Workshop #7: Land Management and Leasing with Alana Degrave and Leigh Anne Baker - hosted by Cowichan Tribes.
- Workshop #8: First Nations Business Structures with Gary Campo and Drew Mildon, hosted by TBA.
- Workshop #9: Preserving Evidence from the Elders with Gary Campo and Drew Mildon, hosted by TBA.
- Workshop #10: Band Governance and Election Codes with David Robbins, hosted by TBA.
- Workshop #11: Aboriginal Rights and Aboriginal Title: An Introduction with Krista Robertson, hosted by TBA.
- Workshop #12: Abalone, Oolichan, Urchins and Clams, hosted by TBA.
January 6, 2009
Tsilhqot'in File Fishing Rights Claim
Woodward & Company filed a writ in the British Columbia Supreme Court today on behalf of the Xeni Gwet?in First Nation and the Tsilhqot?in Nation seeking a declaration that the Tsilhqot'in have a right to fish in Fish Lake (Teztan Biny), a lake west of Williams Lake.
Fish Lake is currently under threat from the Prosperity gold and copper mine. Plans for the mine include the total destruction of Teztan Biny by using the pristine wilderness lake as a tailings pond for mine waste. The lake is currently home to a genetically distinct type of trout.
TNG Press Release
Statement of Claim
Globe & Mail Excerpt
May 14, 2008
Woodward & Company filed a Statement of Claim today in Alberta's Court of the Queen's Bench on behalf of the Beaver Lake Cree Nation.
The Beaver Lake Cree Nation is a small First Nation from just south of Lac La Biche, about 300 km north east of Edmonton. The Beaver Lake Cree have seen rapid oil and gas industry development throughout their traditional hunting, trapping and fishing lands over the past few years.
Today the Beaver Lake Cree released a Declaration asserting their intention to act as caretakers for those lands and have started an action to enforce their constitutional rights to hunt, trap and fish by preserving the ecological integrity of their homeland.
Further details are available below:
Statement of Claim
Kétuskéno Declaration
BLCN Press Release
April 26, 2008
Woodward & Company is pleased to announce that we are sponsoring a law student internship in Guatemala at the Rabinal Community Legal Clinic (the Bufete Juridico Popular de Rabinal).
The Rabinal Community Legal Clinic is a grassroots, community-based organization. It was founded in 1999 to help indigenous Maya-Achi people access the legal system with respect to crimes committed during the civil war. The main focus of this work has been the crimes committed by the Guatemalan military in the 1980s as part of their scorched earth campaign against the indigenous Maya people. The Legal Clinic was the driving force behind the investigation and trial of paramilitary soldiers for one of the Rio Negro massacres, which resulted in the conviction of the accused; this trial remains one of only a few that have been held for those responsible for the greater than 600 massacres that occurred during the late 1970s and early 1980s. The Clinic also provides legal services regarding land disputes, human rights violations, family matters and women’s rights.
The intern will be working alongside the staff at the Legal Clinic to provide legal services to the Maya-Achi community. The intern will have the opportunity to learn a great deal from their new colleagues, clients and friends, who remain committed to truth, justice and reconciliation. Rabinal is a place that was hard-hit by the violence, terror and repression of the genocide and civil war, yet it is also a place of incredible courage, beauty and hope.
This volunteer position is one aspect of our developing relationship with the Rabinal Community Legal Clinic. Part of the intern’s task will be to act as a bridge between our communities. We look forward to hearing about their adventures, struggles and accomplishments.
For those who wish to learn more about the Guatemalan civil war, part of the report of the Commission for Historical Clarification is available here.
March 5, 2008
The Globe and Mail recently reported on the Provincial Government's move to extend a hay permit in an area where Justice Vickers found that Tsilhqot'in title was proven. You can find the article here.
Gary Campo of Woodward & Company recently spoke at an Aboriginal Law Continuing Legal Education Program in Yellowknife, Northwest Territories, that was held in conjunction with the National Aboriginal Bar section meetings. This past week, Gary also spoke at a conference on implementing Aboriginal title. His papers from these conferences are available below:
Oral History Does Make a Difference: William v. British Columbia et al.
Challenges, Successes and Lessons Learned in the Context of Oral History
January 22, 2008
On December 14, 2007, the Federal Crown filed an appeal in the Tsilhqot'in case. The Globe and Mail reported on this development. The Federal Minister has not yet responded to Chief Roger William's offer to enter into negotiations.
Last Friday, January 18th, Jack Woodward and Heather Mahoney each presented a paper at the Continuing Legal Education Society Conference "Aboriginal Law: Tsilhqot'in v. British Columbia." Their papers are linked below:
Rejection of the “Postage Stamp” Approach to Aboriginal Title:
The Tsilhqot'in Nation Decision
Tsilhqot’in Nation v. British Columbia: Cultural Security and the Promise of Site-Specific Rights
January 7, 2008
Membership Code Workshop
Leah Mack, of Woodward & Company, will be presenting an information session on First Nations Membership Codes. The workshop will present an overview of the current law and recent cases that may impact your Membership Code, as well as highlight common concerns faced by First Nations when creating, revising and implementing Membership Codes.
When: February 4, 2008, 10 am – 3 pm
Where: Snuneymuxw First Nation Administration Office, 668 Centre Street, Nanaimo, British Columbia
Cost: $30, lunch included.
A registration form is available here.
November 30, 2007
On the day the Tsilhqot'in decision was released by Justice Vickers, Chief Roger William of the Xeni Gwet'in wrote letters to Prime Minister Stephen Harper and
Premier Gordon Campbell, asking them to do the right thing and officially acknowledge Tsilhqot'in title where it was proven in court.
The letter to Stephen Harper is available here, and
the letter to Premier Campbell is available here.
Last night, in an inspiring show of unity, three umbrella organizations - the British Columbia Assembly of First Nations, the First Nations Summit, and the Union of B.C. Indian Chiefs - who together represent every First Nation in British Columbia, sent a joint letter
to the Federal and Provincial governments in support of the Tsilhqot'in claim, and requested that they:
1. Officially recognize Tsilhqot’in Aboriginal title in the areas the
Court stated the Tsilhqot’in have proven title;
2. Recognize that First Nations in British Columbia have Aboriginal title and rights
throughout their entire territories; and
3. Commit to negotiations to settle the Land Question in B.C. as directed by the Courts
based on true recognition and reconciliation of Aboriginal title and rights.
A copy of the Leadership Council letter is available here.
November 21, 2007
Justice Vickers, of the British Columbia Supreme Court, released his decision today in the land claim case of Tsilhqot'in Nation v. British Columbia.
Justice Vickers found that:
1. The Tsilhqot’in people have proven their Aboriginal title to nearly one half of the Claim Area.
2. The Tsilhqot’in people have Aboriginal rights, including the right to trade furs to obtain a moderate livelihood, throughout the Claim Area.
3. The province’s Forest Act does not apply within Aboriginal title lands.
4. The province has infringed the Aboriginal rights and title of the Tsilhqot’in people, and has no justification for doing this.
5. Canada’s Parliament has unacceptably denied and avoided its constitutional responsibility to protect Aboriginal lands and aboriginal rights.
Below you will find links to press releases about the decision and the text of the decision itself.
More....
Press Release - Short
Press Release - Long
Communiqué
Decision - Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (without maps)
Decision - Maps (reduced)
The decision is also available from the BC Supreme Court website here.
Woodward & Company has created a map that approximates the area where Aboriginal Title was proven, available here.
October 30, 2007
Jack Woodward and Heather Mahony presented a paper, co-authored with Pat Hutchings and Leigh Anne Baker, to the Continuing Legal
Education Society's "Aboriginal Law: Solicitors' Issues" course in Vancouver on October 16, 2007.
The paper deals with the complexities of addressing First Nation custom laws and rules and
the developing common law jurisprudence of contractual and treaty rights.
Basic Principles of Drafting Off-Reserve Agreements
September 19, 2007
Joint Canada-BC Review Panel recommends rejection of Kemess North Mine
The Tse Keh Nay are celebrating the recommendation from the Joint
Environmental Assessment Panel for the proposed Kemess North Mine. The
Tse Keh Nay include three First Nations who are part of the larger
Sekanni Nation: Takla, Tsay Keh Dene and Kwadacha. Murray Browne from
Woodward & Company has been working with the Tse Keh Nay for over two
years to save Amazay (Duncan Lake) from the proposed mine.
More....
Carrier Sekani Tribal Council News Release
Tse Keh Nay News Release
Joint Review Panel News Release
Exerpt from the Globe and Mail Article
Carrier Chiefs letter from Vancouver Sun
July 13, 2007
As a sign of their tremendous appreciation for the many people who gave of their time, energy and spirit during the long years of the William trial, Jack and Chief Roger have published a book of gratitude entitled "Sechanalyagh." Sechanalyagh means "Thank you" in Tsilhqot'in. You can download a copy of it here.
June 20, 2007
Krista Robertson was in the news yesterday when the Globe and Mail reported on her presentation on potential legal actions stemming from the loss of the eulachon resource at a gathering in Bella Coola.
May 2, 2007
Woodward & Company was in the news last week because of our work for Sliammon First Nation. Sliammon are opposing the government licensing of geoduck farms in their Traditional Territory without proper consultation. A copy of the petition is available here.
April 30, 2007
Today's date marks the 145th anniversary of the beginning of the Tsilhqot'in War. Last month Woodward & Company filed the
Plaintiff's Reply in the William Case, bringing to a close this
historic land claim action. On April 11, 2007, Court was
adjourned for Mr. Justice Vickers to begin deliberations. A
decision is expected later in 2007.
Below you will find links to the Plaintiff's arguments:
Argument of the Plaintiff - Nov. 30, 2006
Appendix 1 - Witnesses, Genealogies, Traplines
Appendix 2 - Select Tsilhqot'in Villages
Appendix 3 - Tsilhqot'in Land Use Patterns
Appendix 4 - Tsilhqot'in Wars
Appendix 5 - Forestry Tables
Appendix 6 - Maps
Plaintiff's Reply - March 28, 2007
Appendix 1A
Appendix 1B
Appendix 2
Appendix 3
Please note that these are very large files and they may take
some time to download.
 Some documents require acrobat reader to view. Click here to download a free copy.
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