Jay Nelson

Lawyer

Email: jnelson@woodwardandcompany.com

Assistant: Jamie Zyla | jamie@woodwardandcompany.com

Profile

Jay is committed to assisting First Nations in achieving recognition of their Aboriginal rights, through education and awareness, consultation and accommodation, negotiated settlements and, where necessary, litigation.

Jay Nelson graduated from the University of Victoria Faculty of Law in 2000, where he received the Law Society Gold Medal. Upon graduation, he served as a law clerk for the Chief Justice of Canada, Beverley McLachlin, in the 2000-2001 year. Jay joined Woodward and Company in 2002 and spent the following years as a member of the legal team for the Xeni Gwet’in First Nation and the Tsilhqot’in Nation in their historic Aboriginal title and rights claim, Tsilhqot’in Nation v. British Columbia.

Jay was called to the British Columbia bar in 2005. He has intervened before the Supreme Court of Canada on behalf of First Nations in Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), [2005] 3 S.C.R. 388 and R. v. Morris, [2006] 2 S.C.R. 915.

Professional Standing:

Member, Law Society of B.C. (2005)
Awards:
The Law Society Gold Medal and Prize, 2000
The William R. McIntyre Award [highest qualities of community service, student leadership and academic excellence over the course of the LL.B. program], 2000

Selected Cases, PublicatIons, Papers & Presentations:

Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), [2005] 3 S.C.R. 388 [Counsel for the Intervener Treaty 8 Tribal Association]
R. v. Morris, [2006] 2 S.C.R. 915 [Counsel for the Intervener Chief Roger William]
Tsilhqot'in Nation v. British Columbia, 2007 BCSC 1700
“The Grant of Oil Sands Tenures and the Honour of the Crown: Is Alberta Satisfying its Duty of Consultation?”, co-authored with Jenny Biem, presented at the Canadian Institute's Aboriginal Consultation for Industry Conference, Edmonton on Feb. 26, 2008.
"New Light on the Path: The Concept of Reconciliation in Tsilhqot’in Nation v. British Columbia”, presented at the Pacific Business Law Institute’s Conference, Tsilhqot'in First Nation v. British Columbia: The Immediate Impact and Next Steps, Vancouver, March 4-5, 2008.
“Aboriginal Law”, in the Annual Review of Law & Practice (CLEBC, 2008), co-authored with Robert Janes.