Boughton Law’s Indigenous Practice Group has the knowledge and expertise to advise Indigenous clients and organizations on a wide range of issues.
The members of Boughton’s Indigenous Practice Group have assisted many Indigenous communities and businesses across the Western provinces and the Yukon and Northwest Territories to maximize their economic potential. From establishing new businesses and facilitating strategic alliances with other Indigenous groups and industry partners, to participating in ground breaking resource sector projects, we bring our passion for helping our clients succeed.
Our team is led by an experienced core of senior lawyers who have long established relationships with many Indigenous communities. We have over 30 years of experience across a wide range of matters, including:
Additionally, we work with our Art & Cultural Heritage group on matters related to the repatriation of illicitly acquired cultural material. We work with both Indigenous peoples and institutions to understand the various obligations and opportunities during these processes. Our goal through all of this is to help clients fashion processes and outcomes that promote relationship building and healing.
We are excited by the significant business development opportunities available to our Indigenous clients today, and take great pride in helping them turn their economic goals into reality.
Indigenous sustainable development law balances economic development, respect for Indigenous rights, and environmental conservation for future generations. We assist our Indigenous clients in starting new businesses, restructuring existing businesses to maximize preferential tax treatment, minimizing exposure to liability, and developing their economic capacity as well as human and natural resources according to their communities’ direction. We are excited by the significant sustainable development opportunities available to our Indigenous clients today, and take great pride in helping them turn economic goals into reality.
We have a great deal of experience in negotiating impact-benefit agreements in forestry, mining, oil and gas, and other natural resource-based industries to support long term sustainability. Standard terms of such agreements include training opportunities, contributions to education trusts, improved Indigenous business fiscal benefit opportunities, preferential hiring of community members, enhanced contracting options in the bidding process, and improved review and participation in all regulatory applications.
Traditional knowledge is becoming a key factor in many shared decision-making processes, particularly environmental assessment. It includes the traditional science, arts, beliefs, knowledge, practices, innovations, spirituality and other forms of cultural experience and expression that belong to Indigenous communities and which they have an interest in preserving, protecting and ensuring is fairly used.
We work to ensure that Indigenous knowledge and science receive the protection and weight they deserve in decision-making that affects Indigenous communities.
Our experience includes assisting Indigenous artists, organizations and communities in protecting their traditional knowledge from misuse and misappropriation. This assistance can apply to unauthorized copying of artistic works and designs, inappropriate or unpaid use of Indigenous themes and images for commercial purposes, or the expropriation of traditional knowledge without compensation or credit.
We have over 30 years of experience in Indigenous treaty negotiations and have represented and advised Indigenous Peoples and governments on many specific, comprehensive, and Treaty Land Entitlement claims negotiations. Our lawyers are leaders in the development of Indigenous law in Canada. We have participated in various negotiation processes from early stages through to successful completion and implementation. Our depth of experience in treaty, intergovernmental and Indigenous business negotiations is unequalled.
We have particular expertise in Indigenous self-government and policy issues and the development of constitutional accords. We understand and respect the different cultural approaches that each party brings with them to the negotiating table and believe wholeheartedly in the importance of accommodating that diversity while achieving a mutually beneficial outcome for all participants.