Publications
- Nouvelles > 3rd Annual Convention of the AQEI February 29th, 2012
- Nouvelles > The Canadian Institute's 6th Annual Forum on Aboriginal Law, Consultation & Accommodation February 10th, 2012
- Nouvelles > Aboriginal Communities and Businesses: Strategic Partners! February 7th, 2012
Overview
Helping you building bridges between two worlds. That’s what we mean by a different kind of practice.
Our Team
BCF is one of a few select Quebec law firms to offer complete legal services in aboriginal law. Our team is made up of experienced professionals who, for the most part, are members of First Nations. That’s why we understand the reality of aboriginal organizations and businesses and can provide them with astute advice on any issue pertaining to aboriginal law. The broad range of business law services that we offer also allows us to assist them in all their commercial projects.
Moreover, we can help our non-aboriginal business clients to cultivate relationships with aboriginal communities in Quebec and elsewhere in Canada—a definite advantage given the current context of increased development of natural resources in Quebec and Canada.
Negotiation of Socio-Economic Agreements
The major development projects targeting our natural resources, such as the Plan Nord, generally involve the traditional territories of aboriginal peoples. We can advise you in negotiating fair and equitable socio-economic agreements (agreements on outcomes and benefits) with businesses interested in developing these territories. These agreements allow aboriginal communities to benefit from a project (training, employment, contracts, profitsharing and environmental protection measures) and in return, provide promoters with the community’s consent.
Negotiation of Global Territorial Claims
Since 1975, a federal policy on land claims by Aboriginal peoples has allowed them to negotiate agreements with Canada and the provinces. These negotiated agreements include: the establishment of a land regime that replaces Indian reserves; the creation of an aboriginal government governed by a constitution that can operate with the attributes of a modern government; various consultation and accommodation mechanisms when Aboriginal rights are compromised by projects or government decisions; the practice of Aboriginal traditional activities of hunting, fishing, trapping and gathering; the implementation of measures to ensure economic development and royalty sharing over the development of natural resources; and certain compensation offered to settle financial issues.
Specific Claims
Aboriginal communities may seek redress by negotiating an agreement or by recourse before a court specialized in such claims. Having regularly represented the interests of First Nations before various courts and tribunals and in connection with negotiations with the Government of Canada, our team has the necessary skills to assist these communities in this process.
Negotiation of Overlap Agreements
Each First Nation in Canada has an ancestral land specific to its own heritage. However, there can be overlap between the lands of several nations. When this arises and when a global land claim follows, efforts must be made to settle the issues surrounding the overlap amicably. In most cases, this informal process results in the signature of an overlap agreement, which is then attached to the treaty subject to the negotiation.
Indian Act
We also offer First Nations the full range of services in connection with the application of the Indian Act. For example, we develop electoral codes and membership codes for First Nations; BCF participates in drafting and implementing administrative regulations adopted under this legislation and prepares the required certificates of possession and licenses of occupation. We are also knowledgeable about the tax laws specifically pertaining to aboriginal individuals and businesses.
Business Law for Aboriginal Organizations
and Businesses
More than ever, aboriginal organizations and businesses are showing their potential and their entrepreneurship. With three places of business in Quebec, including one in Wendake, BCF can advise them on all legal aspects of their business projects, from matters related to mergers and acquisitions, corporate financing and taxation to intellectual property.
Services to Non-Aboriginal Businesses
When a project targets the development of lands and resources of Aboriginal peoples, the law stipulates that these communities must be consulted. To successfully carry out a project, a business must therefore establish solid business relationships with the Aboriginal community. Our team has the skills and network to guide our clients through each step of this process, from the initial meetings with representatives from Aboriginal communities to the negotiation and creation of legal partnerships.
