Brad’s practice focuses on issues of taxation and corporate-commercial law. He advises clients on tax-effective business structures, trusts, property taxation and assessment, GST / PST, First Nations GST laws, charitable status, and on tax aspects of treaties, settlement and accommodation agreements, and policies. Brad works with First Nations and Aboriginal organizations and businesses across Canada, and also assists artists and innovators to organize their affairs to employ their talents. He has written and presented widely on a variety of aspects of Aboriginal law, including taxation, property rights regimes, oral history, and expert evidence.
Brad graduated from the Faculty of Law at the University of Victoria in 1998. He subsequently completed a doctorate in law (PhD) at Boalt Hall School of Law at UC Berkeley, and a master’s degree in tax law (LL.M.T.) from Allard Hall at UBC. Brad served as a Law Clerk to the Honourable Justices Lance Finch and Douglas Lambert of the BC Court of Appeal in 1998-99, and completed articles with the Sierra Legal Defence Fund (now Ecojustice). Brad is currently Associate Faculty in Justice Studies at Royal Roads University, an Adjunct Professor at the University of Victoria, and a Senior Researcher at the POLIS Project on Ecological Governance. He is a past director and officer of the Cool Aid Housing Society, and of the Victoria Minor Hockey Association. He was a founding member of the Environmental Law Centre (UVic Law), served on the Pediatrics Ethics Committee of Vancouver Island Health Authority (VIHA), and has volunteered with the Victoria Hospice.
When not assisting First Nations through the terrifying pages of the Income Tax Act, you may find him on the ice with his family and a smile.
Selected Presentations & Publications
“Corporate Structures, Corporate Governance, Taxation, and Trusts”, Woodward Workshops in First Nations Law and Governance, Knowledge Sharing Series, Whitehorse, Yukon, October 2016.
“On the Jurisprudential Foundations of First Nation Taxation: From Exemption to Governance”, Tax Law & Policy Workshop, University of Victoria, September 2016.
“The Lack of Jurisprudential Foundations for Aboriginal Taxation: The Investment Income Exemption under s. 87 of the Indian Act after Bastien Estate v. Canada”, Peter Allard School of Law Graduate Student Law Conference. Vancouver, BC, May 2015
“The History of the Corporation in light of the History of Taxation”, Annual Meeting of the Canadian Political Science Association. Victoria, BC, June 2013
“Taxation Against Tribute: On the Legitimation of Neo-Economic Orders in Aboriginal Communities”, Canadian Association of Law Teachers Annual Meeting. Montreal, QC, June 2012
“Practicing Law in a Rapidly Changing World: The Role of Innovation and Technology for the Practice of Law”, Organized with the Faculty of Law (Victoria), the CBABC, and LSB of the Ministry of the Attorney General (BC), March 2010 – February 2011
“The Fate of the Commons: On the Disappearance of Alternative Property Relations”, Law and Society Association Annual Meeting. Montreal, QC, May 2008
“The Perils of Participation in an Age of Expertise”, Canadian Law and Society Association Annual Meeting. Saskatoon, SK, May 2007
Commentator, Colloquium: Property Rights in the Colonial Imagination and Experience”, Faculty of Law, University of Victoria. Victoria, BC, February 2001
Resisting Colonial Law: Nostalgic Legalism and Indigenous Subjection, (Vancouver, BC: UBC Press, 2016) (in review )
“Legality Against Orality: How the Legal Record Hides the Truth of Indigenous Oral Traditions”, Journal of Law, Culture, and the Humanities, June 2013 9:2, 261-74
“Justice and Advantage in Civil Procedure: Langbein’s Conception of Comparative Law and Procedural Justice in Question”, Tulsa Journal of Comparative and International Law, 11: 2 (2004)
“Property as Ontology: On Aboriginal and English Conceptions of Ownership”, Canadian Journal of Law and Jurisprudence, January 2000, 13:1, 3.
Assistant: Lisa Spaven
Member in Good Standing, Law Society of B.C. (2000)
Member, Law Society of Yukon (2016)
Member, Canadian Tax Foundation
Member, Canadian Bar Association
Treasurer, CBA Aboriginal Law Vancouver Island Subsection
LL.M. in Taxation Graduate Award, Faculty of Law, UBC, 2014-15
SSHRC Postdoctoral Fellowship, (with the highest standing in national competition: 30/30) Faculty of Law & Department of Political Science, University of Victoria, 2005-07
Dean’s NT Fellowship, U.C. Berkeley, 2002-03
University of California Regents’ Fellowship, U.C. Berkeley, 2000-02
British Columbia Law Foundation Fellowship, 2000
Law Society of British Columbia Scholarship, 2000
Ric Careless Dist. Alumni Scholarship, Faculty of Law, University of Victoria, 1998
John McAlpine Prize in Civil Liberties, Faculty of Law, University of Victoria, 1997
B.C. Superior Court Judges’ Scholarship, Faculty of Law, University of Victoria, 1997
Former Director and Officer of the Victoria Cool Aid Society, and Victoria Minor Hockey Association