Jessica Proudfoot

Contact Details

Jessica Proudfoot

Assistant: Delaney Grainger

She/Her

Jessica is a partner at Woodward & Co. and is the Chair of the firm’s Lands and Governance Practice Group.

She provides strategic, cost-sensitive legal advice and representation to First Nations on matters related to Aboriginal title and rights, as well as various contractual and other disputes. With a deep understanding of the challenges faced by Indigenous governments, Jessica works collaboratively with clients to navigate conflicts, whether they be with governments, municipalities, neighbouring nations, or project proponents. Whatever the challenge is, Jessica will work with you to identify efficient and effective pathways to advance your priorities and protect your interests, both in and out of court.

An experienced litigator, Jessica is called to the bar in British Columbia, Alberta, and Yukon. She has appeared before the Supreme Court of Canada, including most recently in Shot Both Sides, as well as all levels of court in Alberta, the BC Supreme Court, the Yukon Court of Appeal, and various arbitration panels, regulators, and tribunals.

Jessica is part of the leadership team on the Quw’utsun (Cowichan) Nation’s Aboriginal title and rights claim. Working with her colleagues, Jessica succeeded in establishing [at trial] that Aboriginal title is senior to fee simple such that Canada and Richmond’s fee simple titles and interests are defective and invalid. The court made precedent-setting findings re: justification of historical infringements, the province’s statutory authority, the Limitations Act, the Land Title Act, and defeated the Province and Richmond’s novel displacement and extinguishment arguments.

Jessica lives and practices in Edmonton, Alberta. She enjoys live music, camping, and cross-country skiing.

Membership & Professional Affiliations

  • Member, Law Society of Alberta (2012)
  • Member, Law Society of British Columbia (2021)
  • Member, Law Society of Yukon (2023)

Practice Areas

  • Aboriginal and Treaty Rights
  • Aboriginal Title
  • Commercial Litigation
  • Contaminated Sites
  • Land Interests
  • Natural Resources

Selected Cases, Presentations & Publications

Cowichan Tribes et al v Canada (Attorney General), 2025 BCSC 1490

Shot Both Sides v. Canada, 2024 SCC 12

Cowichan Tribes v. Canada (Attorney General of Canada), 2021 BCSC 2520

TNK Trucking Ltd v 878052 Alberta Ltd (Double LL Towing), 2017 ABQB 85

JH Drilling Inc. v. Alberta Natural Resources Conservation Board, et al., 2015 CanLII 22998 (SCC)

 

 

 

Panelist, CBA’s National Aboriginal Law Conference, September 2025

Co-Chair, CLEBC’s Aboriginal Law Conference, November 2024