Stacey Jessiman*

Associate Counsel

604 647 6437
sjessiman@boughtonlaw.com

*Personal Law Corporation
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Assistant
Marlo Carpenter
604 605 8332
mcarpenter@boughtonlaw.com

Working at leading firms in Canada, the US and France for the past 25 years, Stacey has helped global companies, government organizations, Indigenous business groups, and entrepreneurs achieve intelligent solutions in business, economic development, intellectual property, alternative dispute resolution, and Aboriginal and Indigenous law matters.

Stacey’s business law practice includes helping clients create corporate structures and commercial agreements that fit their particular needs and create productive business relationships. As part of that work, Stacey assists clients with carefully analyzing and optimizing governance and financial performance, by helping them (re)organize, complete transactions, put in place needed policies and agreements, and understand shareholder and director rights and liabilities. She has helped clients establish corporations, societies, joint ventures, LPs and LLPs, and related documents including shareholder agreements, corporate governance policies, and governance and fiscal agreements.

Working for both Indigenous and industry clients, Stacey has drafted a variety of benefits and relationship agreements that advance economic reconciliation.  She writes and advises regularly on Indigenous economic development best practices and partnering effectively with Indigenous communities on projects. She also advises on international, federal and provincial laws/policies relating to Indigenous Peoples — including the UNDRIP Act and BC’s DRIPA; the TRC Final Report; and Canada’s Indian Act, Income Tax Acts and PSAB program.

Stacey also assists clients with laws, policies, treaty provisions, commercial agreements and registrations governing the protection of Indigenous intellectual property and the return of art and cultural material.

Working previously in New York and Paris, Stacey helped Fortune 500 clients with mergers and acquisitions and securities issuances and acted as counsel in international commercial arbitrations and mediations relating to energy, construction, mining and IP disputes.

Stacey also has created and taught courses at Stanford University on illicit trade and protection of art and Indigenous cultural heritage, which bring into the classroom the voices and perspectives of renowned Indigenous and museum experts from around the world. Her research and teaching contribute to her broad understanding of issues arising in repatriation/ restitution disputes and the development of a specific process based on Relationship Building for resolving them.

Stacey has completed advanced mediation training at Harvard Law School and is a member of the Arbitration and Mediator panels of the Court of Arbitration for Art in the Hague.  From 2012-2014, Stacey was a Visiting Student Researcher at the Stanford Archaeology Center, and in 2015/16 was a Visiting Scholar at Stanford Law School. Stacey is a frequent speaker at international conferences on art and cultural heritage trade and dispute resolution issues.

Stacey is a member of the BC, Ontario and New York Bars and is fluent in French.

Professional Activities

Truth and Reconciliation Advocacy Committee, CBABC

Court of Arbitration for Art (The Hague), Arbitrator and Mediator panels

Canadian Bar Association

American Bar Association

Lawyers Committee for Cultural Heritage Preservation

  • Business and Economic Development
    • Assisted First Nations in BC and the Yukon with business group restructuring and optimization including developing corporate governance manuals and agreements on profit distributions to ensure sustainable economic development
    • Assisted an agricultural industry client with joint venture and revenue sharing agreements with a variety of First Nations
    • Advised an Indigenous engineering firm on creating joint ventures that meet PSAB program requirements
    • Assisted an Indigenous economic development corporation with acquiring 100% ownership of an Alberta financial software subsidiary
    • Advised a BC First Nation on its Financial Administration Law and Finance Policy
    • Assisted Fortune 500 companies with mergers and acquisitions and securities issuances
    • Assisted a French global fashion house with its retail business in Asia
  • Negotiation/Dispute Resolution
    • Helped clients in France, the United States and Canada resolve international commercial disputes in the energy, construction, mining and IP sectors through mediation and arbitration, under a variety of institutional rules
    • Negotiated a MOU and purchase and sale agreement on behalf of a First Nation relating to acquiring traditional territory from a Crown Corporation
    • Developed innovative reconciliation agreements between First Nations, educational institutions and municipal governments relating to educational, financial, cultural and land and resource use and management issues
  • Art, Heritage and Intellectual Property
    • Assisted Indigenous clients with protecting their traditional knowledge and other Indigenous intellectual property rights in agreements with industry and government partners, and through heritage policies
    • Negotiated culture and heritage-related treaty provisions that further reconciliation and enforce cultural rights affirmed in UNDRIP and Canada’s Truth and Reconciliation Commission Report
    • Assisted clients with original mark, trademark and industrial design registrations
    • Provided provenance research and collections management advice to a leading international university
    • Advised Indigenous communities and provincial museums on matters regarding repatriation of cultural material
    • Assisted family of renowned artist with return of works from an art gallery
  • Speaking Engagements
    • ‘Discovering the Economic Potential of UNDRIP’, Invited Lecture, BC Economic Development Association Summit, with Gwen Bridge and Carla Guerrera, Kelowna, Canada, March 10, 2020.
    • ‘Developing an International Process for Resolving Indigenous Heritage Repatriation Disputes’, Invited Lecture, UBC-EMRIP Conference, Vancouver, Canada, March 5, 2020.
    • ‘How to Advance Economic Reconciliation through Partnership Agreements’, Advanced Business Match Prairies conference, Regina, Canada, February 27, 2019.
    • ‘Drafting and Negotiating Agreements with Project Partners: Principles to Consider for Non-Legal Professionals’, Western Indigenous Consultation and Engagement conference, Canadian Institute, Edmonton, Canada, February 19, 2019.
    • Chair of panel discussion on ‘What Tribes Need from the Federal Government to Best Protect Indigenous Cultural Heritage’, Association on American Indian Affairs 4th Annual Repatriation Conference, Milwaukee, USA, November 15, 2018.
    • ‘Sustainable Indigenous Economic Development: Key Concepts and Best Practices’, Lunch & Learn Series Lecture, JFK Law Corporation, Victoria, Canada, May 8, 2018.
    • ‘Healing through Cultural Recovery and Sustainable Economic Development’, Invited Lecture and Panel Discussion on “Recovery and Renewal from New Orleans to Jalisco”, Institute for Diversity in the Arts, Stanford University, May 2, 2018.
    • ‘Jewish and Indigenous Looted Treasures: Comparing Legal and Ethical Approaches to Provenance Research and Restitution’, Invited Lecture, Krannert Art Museum, University of Illinois at Urbana-Champaign, USA, February 8, 2018.
    • ‘Implementing UNDRIP’, Lunch and Learn Series Lecture, JFK Law Corporation, Victoria, Canada, December 14, 2017.
    • ‘A Distinct Approach for Resolving Indigenous Cultural Heritage Disputes’, Lecture at the ‘Human Rights and Cultural Heritage: A New Paradigm’ conference at DePaul University College of Law in Chicago, USA, November 2, 2017.
  • Publications
    • ‘Can your Indigenous Community Achieve its Economic Development Goals? – 10 Questions and Answers from a Legal Expert’ (Jessiman Law Publications).
    • ‘How to Advance Economic Reconciliation through Business Partnership Agreements’ (Jessiman Law Publications).
    • ‘Registering First Nation logos as official marks’ (Jessiman Law Publications).
    • Understanding and Resolving Indigenous Cultural Heritage Repatriation Disputes (forthcoming, UBC Press)
    • “The Edgy State of Decolonization at the Canadian Museum of History”, UBC Law Journal special issue (2014).
    • “The Repatriation of the G’psgolox Totem Pole: A Study of its Context, Process and Outcome”, International Journal of Cultural Property (2011) 18:365-91.