John Donihee
Of Counsel
B.Sc., M.E.S., LL.B., LL.M
-
123 Slater Street, Suite 700
Ottawa, ON, Canada, K1P 5H2
Bio
John Donihee is one of Canada’s most experienced counsel in Northern environmental and natural resources law.
While living in Yellowknife for over two decades, John developed strong bonds and a deep respect for Canada’s northern communities, Indigenous governments and the people of the North. John’s broad perspective and practical approach help him solve legal issues unique to Canada’s three northern territories.
Well known for his pragmatism and determination to find workable solutions, John emphasizes strong personal relationships in his work. He practices environmental, regulatory, administrative and Indigenous law in Canada’s North with a focus on environmental approvals for resource development, land claims implementation, and modern treaties in the Northwest Territories, Nunavut and Yukon. He has extensive experience in land and water regulation, environmental impact assessments, wildlife management and law, and land use planning law. John has advised industry, Indigenous groups, governments, and co-management tribunals involved in environmental impact assessments, and land and water regulation for resource development projects.
John represents land claim organizations and co-managers in regulatory proceedings and provides advice about the implementation of land claims. He has negotiated impact benefits agreements on behalf of Inuit, Inuvialuit and government clients, as well as for project developers. At his core, John has a deep respect for the modern treaty system because he recognizes that land claims and historical treaties are foundational agreements between governments and Indigenous rights holders. He focuses on finding effective solutions that work to best serve Northern communities. He is a strong advocate in court when needed, but most often works to develop collaborative solutions for clients.
John has advised wildlife co-management tribunals, territorial governments and Indigenous organizations about the development of new wildlife, species-at-risk and other resource legislation. He has also developed water compensation and management frameworks for Indigenous lands. He has extensive experience in the regulation of land and water by Northern co-management tribunals. John also advises Indigenous organizations about the development of land use plans and their implementation.
Starting his career as a wildlife biologist, John did consulting in Toronto before taking up work in the Northwest Territories. He went on to be the Director of Environmental Planning & Assessment at the Northwest Territories Department of Renewable Resources and was also a habitat management and consulting biologist. Eventually, he realized that he could do more good for the people he cared about and could better help protect the environment in the North if he had legal training.
After graduating from law school, John returned to work for the Government of the Northwest Territories and lived in Yellowknife. John then moved to the Canadian Institute of Resources Law at the University of Calgary where he wrote extensively about mining and other resource development under northern land claim regimes including wildlife law.
Education
- Called to the bar of the Yukon (2019)
- Called to the bar of Nunavut (1999)
- Called to the bar of Alberta (1989)
- Called to the bar of the Northwest Territories (1989)
- 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)
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 (1993-1996 and 1999-2001); National Aboriginal Law Section, Executive member (1994-1997)
News
Publications
Events
Work Highlights
-
Wildlife, Water & Land Use Planning Law: 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). -
Wildlife, Water & Land Use Planning Law: 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. -
Wildlife, Water & Land Use Planning Law: 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. -
Wildlife, Water & Land Use Planning Law: 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. -
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. -
Land Claims Implementation: 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. -
Land Claims Implementation: 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. -
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. -
Environmental Approvals of Northern Resource Development: 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. -
Environmental Approvals of Northern Resource Development: 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. -
Environmental Approvals of Northern Resource Development: 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 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.