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Environment • Aboriginal • Energy

Aboriginal Law & Consultation

Overview

Willms & Shier helps create mutually beneficial relationships and partnerships between energy and natural resource industry proponents, municipalities, conservation authorities and Aboriginal communities.

Willms & Shier favours early engagement with Aboriginal communities to help build trust. Lack of effective engagement:

  • creates distrust and conflicts, including blockades and litigation
  • may cause project permits to be revoked
  • causes significant project delays and cost.

How Willms & Shier Helps

Willms & Shier creates effective communication, consultation and negotiation mechanisms with Aboriginal communities through:

  • advice and training about the duty to consult and accommodate
  • advice about Aboriginal and Treaty rights
  • advice about Aboriginal consultation in the context of environmental and energy permitting, resource laws and protocols
  • developing consultation plans, guidelines, protocols and records
  • negotiating and drafting Memoranda of Understanding that meet the unique needs and concerns of each Aboriginal community and proponent
  • negotiating and drafting impact benefit agreements and other resource agreements that contain effective and flexible terms for effective implementation over time
  • advice about continuous engagement and consultation
  • developing processes to ensure successful ratification by Aboriginal communities of resource agreements
  • facilitating and providing advice about partnerships and joint ventures between Aboriginal communities and businesses and industry proponents
  • providing and/or facilitating dispute resolution.

Articles

February 20, 2014

Disclosure of Oil and Gas & Aboriginal Payments Uncertain, Despite Release of Recommendations on Mandatory Disclosure of Payments from Canadian Mining Companies to Governments

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April 01, 2012

Courts Shed Light on Consultation

Ever since the Supreme Court’s landmark Haida decision in 2004, companies, governments and aboriginal communities have been making sense of the “duty to consult” when a contemplated action may adversely affect an aboriginal right or title.

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Recent Publications

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