Constitutional Law

Our work for First Nations regularly involves rights under section 35 of the Constitution. This work is described on other pages, and involves litigating and negotiating aboriginal rights and title, judicial review, consultation, treaty and governance.

In addition, we have represented clients on a broad range of other constitutional issues, including:

  • Charter rights and freedoms, particularly section 15 equality rights as they relate First Nations. 
    For example: election and membership issues based on s. 15; and, intervention in R. v. Kapp to oppose commercial fishers' s. 15 challenge to Aboriginal communal fishing licenses.
  • Jurisdictional issues involving the division of powers between the provincial and federal government, particularly relating to the application of laws to First Nations. Other notable jurisdictional work includes successfully challenging the provincial aquaculture regime as beyond provincial jurisdiction in Morton v. AGBC.
  • Standing and costs awards based on public interest principles.