Practice Areas Aboriginal Law

Aboriginal Law

We work hand-in-hand with Indigenous governments, Nations, communities, institutions and individuals, as well as Indigenous-owned businesses to help them advance and protect their rights and interests.

Our Aboriginal Law and Indigenous Rights team is passionate about advancing and protecting Indigenous rights, and we pour that passion into every file we take on, large or small. Our team-based approach allows us to capitalize on the unique strengths of each of our lawyers to provide creative, cutting-edge representation for Indigenous clients on a wide range of legal matters.

We represent Indigenous clients before all levels of courts and tribunals across Canada, up to and including the Supreme Court of Canada. We provide services in both English and French. Members of our team are licensed to practice in Ontario, Quebec and British Columbia.

We work with clients on:

• Litigation, including:
  • Inherent, Aboriginal and Treaty rights litigation
  • Constitutional law, including section 35 of the Constitution Act, 1982
  • Systemic human rights matters
  • General litigation, including injunction applications regarding development on Indigenous Territories
  • Administrative law issues, including appeals and judicial review of administrative decisions
  • Criminal matters relating to systemic issues confronting Indigenous individuals
  • Land claims
• Advice on governance, including:
  • Advocacy and strategic planning regarding sovereignty and self-determination
  • Supporting Indigenous governments to reconstitute Indigenous Laws
• Advice and engagement with resource development companies, including negotiating IBAs and other agreements
• Advice on the duty to consult and accommodate
• Access to information requests and appeals
• Employment, discrimination and harassment issues on behalf of Indigenous employees
• Mediating disputes involving Indigenous parties

We have been involved in a number of notable cases involving Aboriginal Law and Indigenous rights, including:

• Coroner’s inquest into the death of Heather Ashley Winterstein (April 2026): Represented the family of a 24-year-old Indigenous woman who died of sepsis while in hospital care. Successfully argued for a finding that delayed treatment contributed to her death.
• R v. Cope (2026 SCC): Acted for the David Asper Centre for Constitutional Rights in a case examining the interaction between Criminal Code sentencing provisions requiring consideration of Indigenous offenders’ circumstances and alternatives to incarceration, and provisions emphasizing denunciation and deterrence for offences, in particular where the victim is an Indigenous woman.
• Grand Chief Matthew Coon Come, Cree Nation of Eeyou Istchee et al v. Canada and Ontario et al: Represented the plaintiffs in complex Aboriginal title and Aboriginal rights litigation.
• Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5: Intervened on behalf of the David Asper Centre for Constitutional Rights in support of the constitutionality of federal Indigenous child welfare legislation.
• Strateco Resources v. Quebec (AG), 2020 QCCA 18 (leave to appeal to the SCC denied): Successfully intervened on behalf of the Cree Nation of Eeyou Istchee to uphold the refusal of a uranium mining permit due to lack of social acceptability within the affected First Nation.
• R. v. Kokopenace (2015 SCC 28), which deals with Aboriginal representation on juries.
• Fontaine v. Canada (Attorney General) (2014 ONSC 283), in which the Ontario Superior Court of Justice held that the Federal Government “misconstrued” its disclosure obligations under the Indian Residential Schools Settlement Agreement and ordered it to disclose any documents in its possession relating to abuse at St. Anne’s Indian Residential School.
• Detlor v. Brantford (City) (2013 ONCA 560) which deals with the constitutional duty of consultation, and the availability of injunctive relief to prevent Aboriginal protest.
• R. v. Ladue, R v. Ipeelee (2012 SCC 13), which deals with sentencing Aboriginal offenders.
• United States v. Leonard (2012 ONCA 622), regarding the application the Gladue principles in the context of extradition proceedings (leave to the Supreme Court of Canada refused).