Canadian Lawyer

44 A p r i l 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m aboriginal law — once a niche and some- what obscure area concerned with self- government and rights — into a mainstay of large, full-practice law firms, and also many smaller ones. And the demand is being filled in many firms by young law- yers, native and non-native, drawn to an area of the law that's evolving quickly, and comes with the added attraction of help- ing aboriginal communities grow and prosper. "Only a few years ago the num- ber of people who expressed interest in aboriginal law were few and far between," says Faille. "Now there's a tremendous amount of interest among young lawyers and law students and articling students." Katherine Koostachin, a Cree lawyer with the Toronto firm Willms & Shier Environmental Lawyers LLP, intended to work in family and criminal law when she started practising five years ago. But the needs of First Nation clients seek- ing commercial and corporate guidance pushed business law, with an aboriginal twist, to the forefront of her practice. Koostachin says the economic develop- ment wave sweeping many First Nations isn't purely accidental. It has its roots in a series of aboriginal rights and land title cases since 2004 that have affirmed and strengthened the Crown's obligation to consult any native community where the government is considering action that could affect native rights, either claimed or established. "e demand for all these legal services," says Koostachin, "has been the requirement of the duty to con- sult. at's what's driving the legal work in this area." Although the exact contours of the law are still unclear, the requirement has led to a flood of negotiation and consulta- tion between First Nations and industry, which oen undertakes the Crown's du- ties on its behalf. Sometimes there is con- flict, as witnessed by aboriginal protests against mining in northern Ontario and shale gas fracking in New Brunswick. But elsewhere, and oen out of the news, the duty to consult is bringing First Nations and private industry together as necessary partners in extracting timber, exploring for gas, opening mines, or building wind farms and run-of-river hydro projects on aboriginal land. Another factor fueling economic ac- tivity is the young aboriginal population, which grew by 20 per cent from 2001 to 2011 compared to only five per cent for non-aboriginal Canadians. e median age of aboriginal people was also 27 in 2011, compared to 40 for non-aboriginals. is represents a vital labour pool in an otherwise aging country, particularly in a growing resource economy. All this — population, aboriginal-indus- try consultation and partnership, and the explosion of entrepreneurism on First Na- tions — is creating new opportunities for the legal profession. Janelle Dwyer, a partner with Mandell Pinder LLP, a Vancouver firm specializ- ing in aboriginal rights, practises almost exclusively in economic development with First Nations clients, advising them on commercial, real estate, and corpo- rate law. One of Dwyer's B.C. clients, the Nlaka'pamux Nation Tribal Council, op- erates a heavy equipment excavating busi- ness along with a private industry partner. Another, the Cayoose Creek Indian Band, independently owns and operates a native plant nursery that supplies material for its industrial landscaping business. Other cli- ents operate a fish hatchery, and work with industry partners to log forests, or build malls or commercial and residential real estate on and off aboriginal land. Dwyer provides standard business law services: creating corporate entities and joint partnership agreements, and facilitat- ing real estate transactions. "Where we dif- fer from regular business lawyers — and this is where the First Nations side comes in — is that we advise our clients on how the aboriginal title and rights aspect fits into their business work," says Dwyer. "is is not something I would expect most busi- ness lawyers are aware of." Dwyer guides First Nations through any duty-to-consult process they might engage in with industry. She also advises them on "The demand for all these legal services has been the requirement of the duty to consult. That's what's driving the legal work in this area." KAtherINe KoostAChIN, willms & shier environmental Lawyers LLP LEgaL rEport/aboRIgInal law 2014 COMPENSATION SURVEY law departments grow. partnerships evolve, change, Salaries canadianlawyermag.com/surveys Managing partners and law department leaders, share what's happening in your organization. Survey closes May 5, 2014 Untitled-1 1 14-03-27 8:18 AM

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