Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A p r i l 2 0 1 4 43 LEgaL rEport/aboRIgInal law An economic transformation Business law, with an aboriginal twist, has gone mainstream. by richarD foot I t's not oen business lawyers find themselves practising social jus- tice. Redressing society's wrongs may be familiar territory for hu- man rights or sexual abuse claim lawyers, even criminal practitioners, but corporate and commercial lawyers? Yet Max Faille says that's precisely what's happening today at the crossroads of business and aboriginal law. "A huge part of what we do now that we call aboriginal law is in fact business law," says Faille, who heads the aboriginal law group at Gowling Lafleur Henderson LLP. "A major component of our work is struc- turing transactions, creating joint ven- tures and limited partnerships on behalf of aboriginal communities or businesses seeking to work in aboriginal communi- ties. at is a relatively new development. It's also legally interesting, it's on the cut- ting edge of the law, and at the end of the day it's meaningful. We're part of a pro- cess within this country of righting some past wrongs — dealing with this reality we have in our own borders of, in effect, a third world." An economic transformation is un- derway in many aboriginal communities across Canada once mired in "third world" conditions. From the Osoyoos Indian Band in British Columbia — which owns construction and wine-making businesses — to the Whitecap Dakota First Nation in Saskatchewan — hotels and a golf course — to the Membertou First Nation in Nova Scotia — a trade and convention centre — aboriginal people are embracing resource development, entrepreneurship, and com- mercial partnerships as a means of liing their communities out of dependency and poverty. Total aboriginal incomes doubled to $24 billion in 2011 from $12 billion in 2001. TD Bank predicts they will exceed $32 billion by 2016 — an amount greater than the GDP of each of the Atlantic prov- inces. Much of that growth comes from busi- ness income, especially the incomes of band-owned Economic Development Corporations that are becoming fixtures on First Nations as equity partners with private developers, and also business owners and operators in their own right. Growth has also come from private ab- original entrepreneurs, who "have been increasingly flexing their economic mus- cle," according to TD Bank. Such activity is fueling demand for spe- cialized legal services among First Nations and private industries pursuing projects in those communities. As a result, business, finance, and taxation needs have turned huan tran

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