Indigenous
MLT Aikins has a longstanding partnership with Indigenous nations and communities across Canada. We believe that the knowledge and experience we bring is instrumental in building trusting relationships with our Indigenous clients.
Our firm’s Indigenous practice area works collaboratively across sectors to advocate for the rights and interests of Indigenous nations and communities. Our wide-ranging competencies bring a full-service client experience to our Indigenous clients. With a commitment to advancing self-determination, MLT Aikins supports Indigenous capacity building through economic development, and the assertion and exercise of jurisdiction and inherent rights over key sectors.
At the core of our Indigenous practice area is a dedication to our client relationship, a talented legal team and a drive for justice that translates into innovative legal solutions for complex issues. Underlying our work is a commitment to implementing the principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The first step is acknowledging the historical injustices faced by Indigenous Peoples. We do this through education activities within the firm, positioned around Red Dress Day, National Indigenous History Month/Indigenous Peoples Day and the National Day for Truth and Reconciliation/Orange Shirt Day.
A partnership spanning decades.
Our legal experience includes providing counsel to Indigenous nations and communities on legislative development, economic ventures, jurisdictional issues and rights litigation, as well as the establishment of tax laws, corporate structures and landmark Aboriginal law cases. Additionally, our lawyers advise on construction and infrastructure projects, negotiate resource sector agreements, assist with environmental impact assessments and support the exercise of governance in respect of Indigenous lands and traditional territories.
As a result, our clients can continue to contribute significant advancements and growth for their respective nations or communities. Indigenous nations and communities have become pivotal, institutional clients for our firm and significant players in multiple sectors of the Canadian economy. These nations and communities require sophisticated legal advice to navigate complex transactions.
We help with:
MLT Aikins lawyers assist with Indigenous economic development initiatives through diverse project structuring and partnerships, representing Indigenous authorities and businesses, as well as collaborating with lenders and other stakeholders. We support opportunities for Indigenous nations and communities and their economic development and investment arms to form commercial partnerships to obtain equity in large-scale infrastructure.
Bill C-92 provides a process for Indigenous nations and communities to make their own Child and Family Services laws and take back control over these services. Bill C-92 can enable Indigenous communities to implement their jurisdiction effectively, to achieve positive long-term outcomes and, importantly, to keep their children, youth and their families connected to their culture and community. We can also assist in developing related regulations, internal policies and procedures.
MLT Aikins has actively negotiated, settled and litigated specific claims for numerous Indigenous clients over the last two decades – including some of the largest claims in the country. We have a wide experience including claims based on wrongful surrenders, agricultural benefits, annuity indexation, flooding, Treaty land entitlement, veterans’ lands, alienation of reserve lands and trust fund mismanagement. We have excellent relationships with top research firms, access to innovative financing options and provide our clients a full range of legal services in relation to resolving specific claims. We are fully equipped to negotiate or, when necessary, litigate the best possible outcome for Indigenous nations and communities.
Our lawyers craft trust agreements tailored to Indigenous nations and communities. We merge trust, tax and Aboriginal law considerations with an understanding of community needs, effective trust structures, governance and financial sustainability into the future.
We have experience successfully negotiating impact benefit agreements resulting in substantial community benefits and economic development opportunities for Indigenous nations and communities in the mining and natural resource sector. We have also served as counsel for both on- and off-reserve economic development, including negotiating and structuring partnerships and joint ventures with industry.
Our litigation group represents Indigenous governments in employment, commercial, taxation, insurance and other litigation, as well as dispute resolution relating to elections, membership, reserve land and similar issues.
We serve as general counsel for Indigenous governments, offering comprehensive management and governance advice, drafting key legal documents and negotiating a variety of governmental agreements and policies.
MLT Aikins advocates for Indigenous rights through negotiations and litigation, securing significant land claims and self-governance achievements, as well as handling a wide spectrum of related legal matters, including natural resource development and consultative agreements.
Work with us
Working with MLT Aikins can provide unique insights in navigating Indigenous rights and land claims, which are often complex and culturally sensitive. Our experience in this practice area means a deep understanding of Indigenous legal traditions and perspectives, as we all strive for more inclusive and equitable legal outcomes.