Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

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Aboriginal Law

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The Davis LLP Aboriginal Law Practice Group has provided legal advice to First Nations people, and those wishing to conduct business with them, for over 35 years. We represent First Nations, Tribal Councils and Aboriginal non-profit organizations, businesses and individuals in British Columbia, the Yukon, the Northwest Territories, Nunavut and Alberta.

We provide service to Aboriginal people from our offices in Vancouver, Whitehorse and Yellowknife. Our Whitehorse and Yellowknife lawyers live in the cities where they work, and travel to outlying communities across the North.

Our Group writes a blog with timely posting on issues relating to Aboriginal Law.

Our Group has extensive experience advising and representing First Nations in the following key areas:

Economic Development

We have extensive experience advising First Nations on all aspects of economic development. We regularly assist with land development, the structuring of business organizations, establishment of trusts, taxation issues, employment matters, issues relating to financing and numerous other aspects of economic development projects.

Litigation
Our Group has represented First Nations at all Court levels on a variety of issues of national importance. See our representative cases below.

Land Claims
We provide land claims counsel to a number of First Nations in B.C. and the North.

Emerging Issues

The following matters are continuing to increase in importance:

• Aboriginal governance, including the governance of bands, organizations and companies
• Aboriginal fishing rights
• Sophisticated structuring of business organizations

Representative Transactions and Cases

Our Group members:

• Advised a band council on the development of an Aboriginal-themed cruise ship portal in Northern Vancouver Island.
• Advised band council on a joint venture agreement, financing and leasing for a large shopping centre (400,000 sq. ft.) in Northern Vancouver Island, and another band council on the development of a shopping centre on B.C.'s Sunshine Coast.

Davis has successfully represented First Nations people in court for decades. Our Group has:

• Successfully argued in the New Brunswick Court of Appeal that goods purchased by Indians off-reserve for use and consumption on reserve are exempt from provincial sales tax (the 1996 decision Union of New Brunswick Indians v. The Province of New Brunswick)
• Won a Supreme Court of Canada ruling in favour of our client in 1990 - in R. v. Sparrow - on what constituted an existing Aboriginal fishing right under Section 35 of the Constitution Act. This ruling led to the first articulation of the conditions under which the Crown must justify any infringement of those rights.
• Acted for the Musqueam First Nation in litigation involving a lease concluded by the Department of Indian Affairs. This led to the landmark 1984 Supreme Court of Canada decision in Guerin v. The Queen, which found that Canada had breached a fiduciary duty owed to Aboriginal people.

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