David M. Robbins

Lawyer

Email: david@woodwardandcompany.com

Assistant: Jamie Zyla | jamie@woodwardandcompany.com

Profile

David’s core law practice is focused on finding remedies for historic and ongoing interferences with First Nation occupation and use of lands and resources. David acts for First Nations on litigation, negotiation, consultation and accommodation with respect to aboriginal and treaty rights, as well as matters within Canada’s “specific claims” policy. David’s law practice is also centered on First Nation government revenue generation through taxation (e.g. FNGST), in addition to reserve lands and housing issues.

David has advocated successfully for First Nations the Supreme Court of Canada and all levels of court in British Columbia since becoming a lawyer in March 2001 (e.g. Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700). He has also negotiated several agreements for First Nations, such as agreements resolving overlapping claims of traditional territory, specific claim settlement, etc. Prior to becoming a lawyer David was a judicial law clerk to the British Columbia Supreme Court and British Columbia Court of Appeal. He graduated from the University of Victoria law school in 1999 and the University of British Columbia faculty of arts (B.A., philosophy) in 1995. David was born in Vancouver and raised throughout British Columbia.

Professional Standing:

Member, Law Society of B.C. (March 2001)
Lecturer: University of Victoria Faculty of Law, Cdn. Bar Assoc., Continuing Leg. Ed.
Author: “Tsilhqot’in Nation v. British Columbia: A Decade After Delgamuukw” in Aboriginal Law Since Delgamuukw (2009)
Former Co-Chair, Aboriginal Law Subsection, Cdn. Bar Assoc. (B.C.)

Selected Cases, Publications, Papers & Presentations:

Lax Kw’alaams Indian Band v. Canada (June 26, 2009), Vancouver Registry No.
CA036098, BCCA (application of Gitxaala Nation to intervene in appeal granted)

Tsawout First Nation v. Canada (Indian Affairs and Northern Development), 2008 FC
207 (judicial review quashing decision on Tsawout application relating to possession of
reserve land)

Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700 (leave to appeal granted,
2009 BCCA 83) (the Xeni Gwet’in aboriginal title and aboriginal rights trial judgment
– Nemiah Valley)

R. v. Morris & Olsen, 2006 SCC 59 (overturning Court of Appeal’s rejection of
constitutional immunity of treaty rights from provincial legislation; infringement of treaty
rights)

William v. British Columbia, 2004 BCSC 1374 (dismissal of Crown application
challenging oral history admissibility at trial)

British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71 (legal
test for advance costs in aboriginal title and rights related litigation)

Xeni Gwet’in First Nations v. British Columbia, 2002 BCCA 434 (advance costs order
upheld in Tsilhqot’in Nation case for infringement of aboriginal title and rights)

William v. Riverside Forest Product Ltd. et al, 2001 BCSC 1641 (advance costs ordered
in Tsilhqot’in Nation case for infringement of aboriginal title and rights)

Hupacasath First Nation v. Sayers, 2001 BCSC 699 (injunction for removal of band
member trespassing on First Nation social housing on reserve)
“Tsilhqot’in Nation v. British Columbia: A Decade After Delgamuukw” in Aboriginal
Law Since Delgamuukw, ed. Maria Morellato, Q.C. (Canada Law Book, forthcoming
2009)

Tsilhqot’in Nation v. British Columbia: An Overview, published as part of the Pacific
Business Law Institute Conference “Tsilhqot’in First Nation v. British Columbia: The
Immediate Impact and Next Steps”, Vancouver, BC, March 2008

Aboriginal Peoples, British Columbia, and Canada: The Constitution Division of Land
Interests and Legislative Powers, published as part of the Westbank First Nation
Conference “Making or Breaking the Treaty Process: The Constitutional Status of Treaty
Settlement Land”, Kelowna, BC, May 2006

Taming the Crown: Developing Your Negotiating Power, published as part of the
Kamloops Indian Band’s “Good Governance Conference”, Kamloops, BC, July 2005

“Overlapping Territorial Claims,” Canadian Bar Association, National Aboriginal Law Conference, June 2009.

“Reconciling Aboriginal Rights and Title,” Union of British Columbia Municipalities Annual Conference, September 2008

Other Activities:

Hockey, cycling, swimming, and living a low carbon emission family life (e.g. local eating, urban farming).