Indigenous

We recognize that sustainable economic development requires Indigenous communities to balance economic opportunity with the responsible stewardship of their lands, resources, and rights for future generations. We assist Indigenous clients in starting new businesses, restructuring existing businesses to optimize tax efficiencies, managing liability exposure and building long-term economic capacity in alignment with community direction and values. We are excited by the significant sustainable and self-determined development opportunities available to our Indigenous clients today and take great pride in helping them turn economic goals into reality.

We are recognized leaders in Indigenous equity participation transactions and have advised on some of the most significant Indigenous ownership initiatives in Canada. Our team assists Indigenous groups, developers, lenders, and investors in structuring and implementing complex equity arrangements across the energy, mining, power, infrastructure, and real estate sectors. Our experience spans transaction structuring, project and acquisition financing, taxation, governance, regulatory matters, and long-term wealth creation strategies. We help Indigenous communities move beyond project participation to meaningful ownership positions that generate sustainable economic benefits and intergenerational prosperity.

We advise Indigenous communities, businesses, and project partners on complex financing arrangements that support major development, infrastructure, and equity participation initiatives. Drawing on experience from some of the most significant Indigenous-led transactions in Canada, we help clients structure and secure capital from a wide range of sources, including non-recourse debt, revenue-backed financing, loan guarantee programs, private placements, and institutional investment. Our team provides strategic advice on financing structures, risk allocation, governance, taxation, and security arrangements to help clients achieve long-term ownership, sustainable revenues, and economic self-determination.

We have extensive experience negotiating Impact Benefit Agreements (IBAs) in forestry, mining, oil and gas and other natural resource-based industries to support long-term, community-driven sustainability. We work closely with Indigenous communities to secure meaningful and lasting benefits that support community priorities and long-term economic self-sufficiency. Our lawyers help clients develop negotiation strategies, assess project opportunities and risks, and structure agreements that create employment, business development, revenue generation, and capacity-building opportunities while protecting Indigenous rights, interests, and stewardship responsibilities. We are proud to help Indigenous communities leverage major development projects into sustainable economic opportunities for current and future generations.

We are recognized for our extensive experience and expertise in advising on real estate development on First Nations lands, an increasingly sophisticated and evolving area of law. We act for First Nations, including in relation to the development of property taxation and other land-related bylaws, and the negotiation of servicing agreements with local governments, as well as for developers seeking to structure projects that align with legal, regulatory, and community priorities. Our experience spans the full lifecycle of development on reserve lands and treaty settlement lands, including land designation, leasing, project financing, partnership and limited partnership structures, and long-term governance arrangements. By combining legal, commercial, and strategic advice, we help bridge community objectives and commercial realities to deliver successful and sustainable development outcomes.

• Represented the partnership of 38 First Nations, Stonlasec8 Indigenous Alliance Limited Partnership, in their $736 million acquisition of 12.5% equity in Enbridge’s Westcoast natural gas pipeline system (which is the 2,900 km pipeline system from Fort Nelson, BC, to the Canada-US border).  This transaction included the first-ever Federal Loan Guarantee by the Government of Canada’s new Indigenous Loan Guarantee Program ($400 million loan guarantee).

          Winner at the 2026 Canadian Law Awards for the Capital Markets Deal of the Year

• Jointly represented 23 Alberta-based indigenous communities in their acquisition, for $1.1 billion, of an 11.57% equity interest in seven Enbridge-operated pipelines in the Athabasca region. This acquisition is the single largest indigenous energy transaction in North America. The pipeline assets are underpinned by long-term contracts and highly predictable cash flows. The financing was completed with non-recourse debt and included a loan guarantee of $250 million from the Alberta Indigenous Opportunities Corporation. Athabasca Indigenous Investments Limited Partnership (Aii) is the special purpose partnership which, through a subsidiary, holds the 11.57% equity interest in the seven pipelines. The indigenous communities with partnership equity are eight First Nations of Treaty 6, five First Nations of Treaty 8, four Métis Settlements, three Métis Nations and three Métis Locals of the Métis Nation of Alberta Association. Boughton Law Contact: Philip Barton & Donya Vahidi
• Jointly represented eight First Nations and Métis communities in their acquisition and financing of 15% equity in the Northern Courier Pipeline Limited Partnership (which is a pipeline asset with a value of approximately $1.3 billion).  This acquisition was unprecedented because of the number of participating Indigenous communities and was completed with non-recourse debt financing from ATB Financial and a loan guarantee of up to $40 million from the Alberta Indigenous Opportunities Corporation. Boughton Law Contact: Philip Barton & Donya Vahidi
• Represented Fort McKay Group of Companies LP, a leader in oilfield construction and services in the Northern Alberta mining sector, and owned by the Fort McKay First Nation, in its acquisition of a majority interest in a prominent aboriginal owned water and waste handling company.  This merger positioned the Fort McKay based business as a first tier oilsands services supplier in the region (February, 2020).  Boughton Law Contact: Donya Vahidi
• Lead counsel to Fort McKay First Nation and Mikisew Cree First Nation in their 2017 acquisition of an interest in a bitumen and diluent storage, blending and cooling facility located north of Fort McMurray, and associated $545 million financing by way of private bond placement.  At closing, this transaction represented the largest-ever business investment by a First Nations entity in Canada (November 2017). Boughton Law Contact: Philip Barton & Donya Vahidi
• Legal support to the negotiation team of the Kaska Dena Council (on behalf of the BC Kaska) in entering into a Resource Funding Agreement (“Agreement”) with Hawthorne Gold Corp. (“Hawthorne”) in connection with the continued exploration and development of Hawthorne’s Cassiar Gold Camp near Cassiar, British Columbia. (September 2009)
• Negotiated and advised on the drafting of a ‘Traditional Knowledge Protocol’ between BC Kaska Nation and Hard Creek Nickel Corporation. (June 2009)
• Acted on behalf of BC Kaska Nation in the drafting and development of two Resource Funding Agreements to negotiate a Traditional Knowledge Protocol and a detailed Socio-Economic Participation Agreement with Columbia Yukon Explorations Inc. (July 2009)
• Legal support to the negotiation team developing Memorandum of Understanding and Traditional Knowledge Protocol between Kwadacha Nation, Tsay Key Dene and Canada Zinc Minerals Ltd. with respect to the Cardiac Creek Exploration Project. (July 2009)
• Legal support to the negotiation team developing the Cornerstone Agreement and Traditional Knowledge Protocol between Dease River First Nation, Daylu Dena Council, Kwadacha Nation and Hard Creek Nickel with respect to the Turnagain Nickel Exploration Project. (October 2008)
• Legal support to the negotiation team developing Memorandum of Understanding, Resource Funding Agreement and Traditional Knowledge Protocol for the Kutcho Creek Mining Project between Dease River First Nation, Daylu Dena Council and Western Keltic/Sherwood Copper/Capstone Minerals Ltd. (December 2007-2008)
• Legal support to the negotiation team developing Memorandum of Understanding between Dease River First Nation, Daylu Dena Council, Kwadacha Nation, Kaska Dena Council and Columbia Yukon Explorations on the Storie Molybdenum Exploration Project. (November 2007)
• Council for Council of Yukon First Nations breach of constitutional duties to consult and accommodate. Little Salmon / Carmacks First Nation v. The Government of Yukon, 2007 YKSC (CanLII), 2008 YKSC 13 (CanLII), leave to appeal to SCC granted January 29, 2009. Boughton Law Contact: James M. Coady
• Provided legal advice and drafting of Co-operation Agreement, Agreement-in-Principle, Participation Agreement, Financial Participation Negotiations Agreement and Traditional Knowledge Protocol for the Alaska Highway Pipeline Project between the Kaska Nation and TransCanada Pipelines. (2003-2006)

Traditional knowledge is playing an increasingly important role in environmental assessments, regulatory reviews, and other shared decision-making processes. It encompasses the knowledge, practices, cultural traditions, innovations, and spiritual understandings that have been developed and maintained by Indigenous communities over generations. We assist clients in identifying, protecting, and appropriately incorporating traditional knowledge into project planning, regulatory processes, and governance frameworks, while respecting Indigenous ownership and stewardship of that knowledge.

 Beyond regulatory and governance contexts, we also assist Indigenous communities in protecting traditional knowledge and cultural expressions from unauthorized use and exploitation. Our experience includes assisting Indigenous artists, organizations and communities in protecting their traditional knowledge from misuse, misappropriation and unauthorized commercialization. This includes unauthorized copying of artistic works and designs, the inappropriate or uncompensated use of Indigenous themes, images, and cultural expressions for commercial purposes, and other forms of exploitation of traditional knowledge without proper compensation, attribution, or consent.

We have more than 30 years of experience representing and advising Indigenous governments and organizations in treaty negotiations, specific claims, comprehensive claims and Treaty Land Entitlement claims negotiations in the Yukon. Our lawyers have helped shape the development of Indigenous law in Canada and have participated in numerous negotiation processes from their earliest stages through agreement, ratification, implementation, and ongoing governance.

Our depth of experience in treaty, intergovernmental, and Indigenous business negotiations is extensive. We have particular expertise in Indigenous self-government, governance reform, constitutional development, and public policy matters. We recognize that successful negotiations require an understanding of the distinct histories, priorities, cultures, and legal perspectives that each party brings to the table. We work collaboratively to help parties achieve durable, practical, and mutually beneficial outcomes that support long-term relationships and advance Indigenous self-determination.