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Environment • Aboriginal • Energy

John J. P. Donihee

Of Counsel
B.Sc., M.E.S., LL.B., LL.M

T: 613-217-8521  E: jdonihee@willmsshier.com

Bio

John Donihee is one of Canada’s foremost experts in environmental, regulatory, administrative and Aboriginal law in Canada’s north. John’s particular focus is on environmental approvals for resource development, land claims implementation and modern treaties in Northwest Territories and Nunavut. He has extensive experience in and land and water regulation, environmental impact assessment, and wildlife management and land use planning law. John is admitted to the bars of Alberta, Northwest Territories, and Nunavut.

Rankings and Awards

 

In June 2014, John received the Government of the Northwest Territories Premier’s Award for Collaboration. This award recognized John’s outstanding contribution to government goals and the public interest through his participation in a working group of government and First Nations representatives to draft the new Northwest Territories Wildlife Act, enacted in November 2013.

Environmental Approvals of Northern Resource Development

John has advised industry, Aboriginal groups, governments and co-management tribunals involved in environmental impact assessment and land and water regulation for resource development projects in Northwest Territories and Nunavut.

Land Claims Implementation

John represents land claims organizations in regulatory proceedings and provides advice on the implementation of land claims including the Inuvialuit Final Agreement and the Nunavut Land Claims Agreement. John has negotiated impact benefits agreements on behalf of Inuit, Inuvialuit and government clients, as well as for project developers.

Wildlife, Water and Land Use Planning Law

John has been retained by northern governments and Aboriginal organizations to advise on matters related to the development of new wildlife and species at risk legislation and in Nunavut and Northwest Territories. He also advises wildlife co-management tribunals.

John has developed management frameworks for water on Aboriginal lands as well as for the management of the regulation of land and water by northern tribunals. John has also advised Aboriginal organizations about the development of land use plans and their implementation.

Prior Environmental Experience

John was formerly a Research Associate at the Canadian Institute of Resources Law and an Adjunct Professor in the Faculty of Environmental Design at the University of Calgary. Prior to becoming a lawyer, John was the Director of Environmental Planning & Assessment at the Northwest Territories Department of Renewable Resources. He was also a habitat management and consulting biologist.

Clients

  • Northern governments
  • Northern environmental boards and tribunals
  • Northern natural resource companies
  • Northern mining and exploration companies
  • Inuit, Inuvialuit and First Nation communities and organizations

Representative Work

Environmental Approvals of Northern Resource Development

  • Environmental Assessment and Water Licensing for Diamond Mine in NWT—Acted for the Mackenzie Valley Environmental Impact Review Board and the Mackenzie Valley Land and Water Board, advising about legal issues connected with the environmental assessment and water licensing for a diamond mine in Northwest Territories.
  • Environmental Approvals for Major Infrastructure Project—Acted for the Environmental Impact Review Board established under the Inuvialuit Final Agreement in the review of a major infrastructure project, leading to approvals for the construction of the Inuvik to Tuktoyaktuk highway connecting the Arctic Ocean to the road network in Southern Canada.
  • Environmental Approvals for Gold Mine in Nunavut—Counsel to a major mining company for the environmental assessment and water licensing of a gold mine in Nunavut, leading to the approval of the mining project by the Nunavut Impact Review Board and the Nunavut Water Board.
  • Advising Co-Management Tribunals Responsible for Resource Development—Counsel to tribunals involved in environmental impact assessment, land and water and wildlife regulation under both the Mackenzie Valley Resource Management Act and Inuvialuit Final Agreement, contributing to ongoing management and regulation of renewable resources and the environment in these areas.

Land Claims Implementation

  • Crown’s Duty to Consult and Comprehensive Land Claim Agreements—Represented the Tlicho Government in the appeal before the Supreme Court of Canada in the Little Salmon Carmacks First Nation case, concerning the Crown’s duty to consult when there is a comprehensive land claim agreement.
  • Negotiating Impact Benefits Agreements—Provided counsel during the negotiation of Impact Benefits Agreements for a gold mine, a diamond mine and the establishment of a new National Park and conservation areas in Nunavut, all of which were subsequently approved.
  • Devolution and Land Claims Interests—Advised the Inuvialuit Regional Corporation on environmental and resource management matters and Inuvialuit rights affected by the Northwest Territories Lands and Resources Devolution Agreement, leading to approval of the Agreement.

Wildlife, Water & Land Use Planning Law

  • Water Policy for Inuit Owned Lands—Completed the legal work and managed an interdisciplinary team responsible for the development a water policy for Inuit owned lands in Nunavut.
  • Yukon Water Compensation Policy and Framework—Advised the Yukon Water Board on the development of a water compensation policy and framework for the Board to manage and make decisions about compensation claims made under their water legislation.
  • Land Use Plan for Aboriginal Settlement Area—Advised an Aboriginal approving authority in the Mackenzie Valley during the development of a land use plan for its settlement area, resulting in the plan being approved and coming in to force in 2014 and providing a key element for conservation and resource development in that area.
  • Development of Nunavut Wildlife Act—Instructing Counsel for the Government of Nunavut during the development of the Nunavut Wildlife Act, which was subsequently enacted and brought into force in 2005.
  • Development of NWT Wildlife Legislation—Advised the Inuvialuit Game Council and the Wek’èezìi Renewable Resources Board during the development of the NWT Species at Risk Act (in force 2010) and Wildlife Act and Regulations, (in force in November 2014). 

 

 

Recognition

In June 2014, John received the Government of the Northwest Territories Premier’s Award for Collaboration.

This award recognized John’s outstanding contribution to government goals and the public interest through his participation in a working group of government and First Nations representatives to draft the new Northwest Territories Wildlife Act, enacted in November 2013.

 

Organizations

  • Law Society of Alberta—member
  • Law Society of Northwest Territories—member
  • Law Society of Nunavut—member
  • Prospectors’ and Developers’ Association of Canada—member
  • Northwest Territories and Nunavut Chamber of Mines—member
  • Canadian Bar Association—Northwest Territories Environmental Law Subsection, Founding Chair (1993 1 996 and 1999-2001); National Aboriginal Law Section, Executive member (1994-1997)

 

Speaking Engagements

November 17, 2023

The 51st Yellowknife Geoscience Forum

More
September 28, 2022

Mackenzie Valley Resource Management Act (MVRMA) Workshop Series: Engagement and Consultation Workshop

More
March 05, 2021

CBA NT Environmental, Energy and Resources Law (EERL) - Reflections on Environmental Assessments: Challenges and Opportunities

More
February 04, 2021

CBA Nunavut Environmental, Energy and Resources Law (EERL) - Wildlife and Reconciliation – Co-Management Under the Nunavut Agreement

More
November 20, 2018 to November 22, 2018

46th Annual Yellowknife Geoscience Forum

More
April 10, 2018

Nunavut Mining Symposium 2018

More
March 02, 2018

Canadian Institute of Resources Law - Reconciliation - Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource

More
November 14, 2017 to November 16, 2017

45th Annual Yellowknife Geoscience Forum

More
June 06, 2017

6 Minute Environmental Lawyer CLE: Environmental Liabilities & Reform

More
April 03, 2017 to April 06, 2017

Nunavut Mining Symposium: Regulating for Caribou Protection - What Can Work?

More
November 15, 2016 to November 17, 2016

The 44th Annual Yellowknife Geoscience Forum

More
November 24, 2015 to November 26, 2015

The 43rd Annual Yellowknife Geoscience Forum

More
September 30, 2015

2015 Yukon North Slope Conference

More
June 19, 2015

CBA NEERLS NWT Branch: NWT Waters - Management Issues and Opportunities for Change

More
November 25, 2014 to November 27, 2014

The 42nd Annual Yellowknife Geoscience Forum

More
November 06, 2014 to November 07, 2014

CBA: 26th Annual NEERLS & Department of Justice Meeting

More
May 27, 2014 to May 28, 2014

Insight's North of 60 - Aboriginal Land and Resource Development Conference in Yellowknife, NWT

More
June 19, 2014 to June 20, 2014

CBA's 2014 National Aboriginal Law Conference in Iqaluit, Nunavut

More
  • Co-chair and Speaker, “Regulatory Improvements and New Legislative Initiatives North of 60” and “Wildlife Management and Fisheries Act Amendments”, 2013 Annual National Environmental, Energy and Resources Law Summit – Natural Resources and Energy Legal Developments North and South of 60, National Environmental, Energy and Resources Law Section, Canadian Bar Association, Yellowknife, June 20-21, 2013
  • Delivering annual training courses on Public Hearings and Administrative Law for the NWT Board Forum (2009-2012)
  • Session Chair and Keynote Speaker “Land Claim Agreements” 2030 North – National Planning Conference, Ottawa, June 1-4, 2009
  • Speaker, “Overcoming Crucial Challenges Arising from Securities for Environmental Cleanup: Minimizing Project Delays”, Environmental Law and Regulation North of 60° Conference, The Canadian Institute, Edmonton, November 13-14, 2008
  • Speaker, “Water Resource Regulation in the NWT”, NWT Water Wise Conference, Yellowknife, November, 2007
  • Chair and Keynote Speaker, Yukon North Slope Conference –Keeping Track: Environmental Monitoring and Reporting in Wildlife Management, Whitehorse Yukon, January 30-February 1, 2007

Articles

November 01, 2023

The 51st Yellowknife Geoscience Forum

More
September 28, 2022

Mackenzie Valley Resource Management Act (MVRMA) Workshop Series: Engagement and Consultation Workshop

More
March 05, 2021

CBA NT Environmental, Energy and Resources Law (EERL) - Reflections on Environmental Assessments: Challenges and Opportunities

More
January 22, 2021

CBA Nunavut Environmental, Energy and Resources Law (EERL) - Wildlife and Reconciliation – Co-Management Under the Nunavut Agreement

More
October 25, 2018

46th Annual Yellowknife Geoscience Forum

More
March 16, 2018

Nunavut Mining Symposium 2018

More
March 02, 2018

Canadian Institute of Resources Law - Reconciliation - Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource

More
November 07, 2017

45th Annual Yellowknife Geoscience Forum

More
June 12, 2017

6 Minute Environmental Lawyer CLE: Environmental Liabilities & Reform

More
March 16, 2017

Nunavut Mining Symposium: Regulating for Caribou Protection - What Can Work?

More
November 15, 2016

The 44th Annual Yellowknife Geoscience Forum

More
November 20, 2015

The 43rd Annual Yellowknife Geoscience Forum

More
October 01, 2015

2015 Yukon North Slope Conference

More
June 19, 2015

CBA NEERLS NWT Branch: NWT Waters - Management Issues and Opportunities for Change

More
November 19, 2014

The 42nd Annual Yellowknife Geoscience Forum

More
October 29, 2014

CBA: 26th Annual NEERLS & Department of Justice Meeting

More
May 06, 2014

Insight's North of 60 - Aboriginal Land and Resource Development Conference in Yellowknife, NWT

More
May 06, 2014

CBA's 2014 National Aboriginal Law Conference in Iqaluit, Nunavut

More
  • “The Evolution of Wildlife Law in Canada”, CIRL Occasional Paper #9, Canadian Institute of Resources Law, 2000
  • “Resource Development and the Mackenzie Valley Resource Management Act: The New Regime”, Douglas Burch, Jeff Gilmour and John Donihee (Author and Editor), Canadian Institute of Resources Law, 2000
  • “Mineral Exploration and Mine Development in Nunavut: Working with the New Regulatory Regime”, M. Hardin and J. Donihee, Canadian Institute of Resources Law, 1998
  • Canadian Environmental Law, Regional Editor, Northwest Territories and Nunavut regions, Butterworths Canada, 1998 to present
  • “Canadian Impact and Benefit Agreements with Local and Indigenous People”, John Donihee and Alastair R. Lucas, International and Comparative Mineral Law and Policy: Trends and Prospects, Kluwer Law, Natural Resources and Energy Series, 2004
  • “Local Control of Wildlife in the NWT”, LLM Thesis, Faculty of Law, University of Calgary, December 2002

News

November 01, 2023

The 51st Yellowknife Geoscience Forum

More
September 28, 2022

Mackenzie Valley Resource Management Act (MVRMA) Workshop Series: Engagement and Consultation Workshop

More
March 05, 2021

CBA NT Environmental, Energy and Resources Law (EERL) - Reflections on Environmental Assessments: Challenges and Opportunities

More
January 22, 2021

CBA Nunavut Environmental, Energy and Resources Law (EERL) - Wildlife and Reconciliation – Co-Management Under the Nunavut Agreement

More
October 25, 2018

46th Annual Yellowknife Geoscience Forum

More
March 16, 2018

Nunavut Mining Symposium 2018

More
March 02, 2018

Canadian Institute of Resources Law - Reconciliation - Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource

More
November 07, 2017

45th Annual Yellowknife Geoscience Forum

More
June 12, 2017

6 Minute Environmental Lawyer CLE: Environmental Liabilities & Reform

More
March 16, 2017

Nunavut Mining Symposium: Regulating for Caribou Protection - What Can Work?

More
November 15, 2016

The 44th Annual Yellowknife Geoscience Forum

More
November 20, 2015

The 43rd Annual Yellowknife Geoscience Forum

More
October 01, 2015

2015 Yukon North Slope Conference

More
June 19, 2015

CBA NEERLS NWT Branch: NWT Waters - Management Issues and Opportunities for Change

More
November 19, 2014

The 42nd Annual Yellowknife Geoscience Forum

More
October 29, 2014

CBA: 26th Annual NEERLS & Department of Justice Meeting

More
May 06, 2014

Insight's North of 60 - Aboriginal Land and Resource Development Conference in Yellowknife, NWT

More
May 06, 2014

CBA's 2014 National Aboriginal Law Conference in Iqaluit, Nunavut

More

Education

  • Called to the bars of Alberta (1989), Northwest Territories (1989), Nunavut (1999), and Yukon (2019)
  • LL.M., Natural Resources Law, University of Calgary (2002)
  • LL.B., Dalhousie University (1988)
  • M.E.S., Ecological Land Management, York University (1977)
  • B.Sc. (Hons.), Biology, Carleton University (1975)

 

Expertise

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Senior Litigation Counsel