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 45 the creation of "impact benefit" or royalty agreements with private partners, and she structures band-owned corporations that take an active role as business operators. Whether lawyers represent aboriginal communities or industry partners, Dw- yer says there are important differences of culture and mindset to understand. "First Nations, when doing business in their ter- ritory, they and their people have been here for thousands of years, so they come at business with a different approach. It's not just, 'come in, make money, and get going.' ey wear a different lens. It's about having respect and a need for longevity with the land and the resources." Innovation is also critical when it comes to business structures. Any business deal must be structured in a way that preserves any existing tax exemptions available to the band. Bands under the Indian Act may also not be empowered to become shareholders of corporations. So corporations are oen set up with the chief and council holding the shares in trust for members of the actual band. Some communities in B.C. with clan- based social systems want clan heads to be directors of their corporations. "You take regular business law, and you end up melding in this cultural awareness. It demands that you be as cre- ative as you can with established business law structures," says Dwyer. "e aborig- inal way of organizing themselves has existed for longer than the Business Cor- porations Act, so it's kind of like trying to jam a square peg into a round hole." Koostachin says good practitioners will take note of the labour and skills capacity on any First Nation, and allow that to guide the shape of any partnership deal. "I work in remote communities. ey face many chal- lenges — social challenges, infrastructure challenges — in addition to growing eco- nomically. Proponents have to be creative in setting up projects, in a way that benefits both parties. "What's the point in setting up a corpo- ration," she asks, "if the community doesn't have the human resources of the skills- based workforce? at's a challenge for some First Nations communities." e key for lawyers, says Faille, whose firm represents First Nations and industry, is fostering relationships between aboriginal and private partners. "Good relationships translate into goodwill," he says. "e vast majority of aboriginal communities are pro- development. ey have endured crushing economic and social problems as a result of Canadian policies over the decades. ere is huge need, so no one is going to walk away from an opportunity for employment, for economic benefit, for growth, for partner- ships with industry. In the vast majority of cases we see an openness to development, but with conditions: that they will see some of that upside, and that those things that are sacred to them will be protected." As wealth and economic capacity builds and percolates through First Na- tions, Faille calls this "a tremendously exciting and rewarding time" for the ab- original bar in Canada. "We're very grate- ful to be part of it." Until now, there has been no portable English-language treatise to which you could turn for a complete and holistic understanding of Canadian Indigenous peoples' law. Written by a prominent author, educator and practitioner of Aboriginal law, this invaluable resource offers all the relevant historical and theoretical contexts to establish the legal framework and aid the fundamental understanding of Aboriginal law. Terms of Coexistence: Indigenous Peoples and Canadian Law contains an in-depth examination of: • The Aboriginal and treaty rights recognized and affirmed by s. 35 of the Constitution Act, 1982 • The duty to consult and accommodate • The provisions of the Indian Act regarding reserves and band councils • Indigenous governance • Division of powers, taxation, and the application of the child welfare and criminal justice systems Praise for Terms of Coexistence: Indigenous Peoples and Canadian Law … a contribution to the work of reconciliation between First Nations and modern Canadian society. From the Foreword by the Honourable Louis LeBel, The Supreme Court of Canada Get the first enGlish-lanGuaGe treatise with a comprehensive and holistic viewpoint on indiGenous peoples' law in canada New PublicatioN Terms of CoexIsTenCe: IndIgenous PeoPLes and CanadIan Law SébASTIEN GrAmmoND order # 985410-65203 $94.95 Hardcover approx. 664 pages october 2013 978-0-7798-5410-3 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. available Risk-FRee FoR 30 Days order online: www.carswell.com call toll-Free: 1-800-387-5164 in toronto: 416-609-3800

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