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Environment • Aboriginal • Energy

Aboriginal Law & Consultation


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.

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