OUR SERVICES
NEGOTIATING AND DRAFTING AGREEMENTS
Aaron Bruce Law acts on behalf of Indigenous governments as a negotiator and negotiates government to government agreements with both federal and provincial governments and agreements with companies that have applied to develop natural resource projects on Indigenous lands. These agreements range from strategic level land and resource decision-making agreements and agreements based on the recognition of rights and title which requires the consent of an Indigenous government to permit development of natural resource projects on the lands within its territory.
Reconciliation goes beyond the development of co-governance structures and the protection of cultural values and the natural environment and includes economic reconciliation. Economic reconciliation takes the form of revenue sharing with other levels of government and industry and includes business opportunities for Indigenous governments and companies.
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We negotiate and draft simple to complex agreements ranging from process and relationship agreements such as a memorandum of understanding, letter of intent, and protocol agreements to complicated commercial agreements such as impact and benefit agreements, revenue sharing agreements, and business contracts. We also provide advice and opinions on draft agreements and how these may be amended or improved to meet your needs.
REGULATORY PROCESSES
We have extensive experience representing Indigenous governments navigating regulatory processes such as environmental and impact assessment processes, regulatory hearings, and supporting Indigenous governments through Crown referral processes.
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Aaron was instrumental in developing an Indigenous-led environmental assessment process for the Squamish Nation, based on Squamish Nation laws, which resulted in the issuance of a Squamish Nation environmental assessment certificate with enforceable legally binding conditions. Based on the results of this process, the Squamish Nation became a regulator with other levels of government on this project.
Based on this experience, we advise Indigenous governments in the development of Indigenous-led regulatory processes, such as an environmental assessment process, and the negotiation of decision-making agreements with other levels of government and industry.
GOVERNANCE
More and more Indigenous governments are exercising governance over their lands, resources, and community outside of the Indian Act and in line with its inherent jurisdiction. With the federal government and the province of British Columbia formally adopting the United Nations Declaration on the Rights of Indigenous Peoples now is the time for Indigenous governments to start building the governance structures that reflect inherent jurisdiction through implementation of UNDRIP.
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Aaron Bruce Law provides the legal support Indigenous governments require in the development of a constitution and the laws needed to exercise jurisdiction.
GENERAL COUNSEL
Indigenous governments deal with a myriad of legal issues on a day-to-day basis from membership issues all the way up to complex economic and infrastructure development on its lands and everything in-between. Indigenous governments need timely and trusted legal and strategic advice to address these issues.
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In advising Indigenous governments since 2004, Aaron has a broad knowledge of all issues Indigenous governments are faced with and provides the legal and strategic advice Indigenous governments require to address these issues and is available to advise on these issues on short notice.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution (“ADR”), such as facilitation and mediation, are becoming the preferred way to attempt to resolve disputes rather than through litigation. ADR is a common first step to take when there is a dispute under government-to-government agreements and impact benefit agreements and is an option under some legislation, such as the British Columbia Environmental Assessment Act. In addition, many government-to-government processes are basing decision-making on consensus which usually requires the support of a facilitator or mediator.
Aaron has the training and experience in facilitation and mediation to resolve disputes and build consensus in all the circumstances outlined above.