Our firm’s Indigenous Practice Group brings with it a depth of experience in advising Indigenous clients on a broad range of matters, including providing advice and acting in disputes concerning the assertion of inherent jurisdiction and other Indigenous and treaty rights; setting up effective business structures that facilitate the expansion of a community’s economic development; aboriginal and treaty rights advocacy; and consultations with government and industry.

Our team of lawyers has developed innovative legal structures and frameworks for, and successfully represented, groups of Indigenous communities across the country who wish to work together to pursue business opportunities, including through limited partnerships, joint ventures, corporations and trusts. We help our Indigenous clients manage existing and incoming assets, and offer advice and guidance on governance models that reflect and respond to our clients’ priorities.

First Nations across the country turn to us for strategic guidance on:

  • Setting up economic development corporations and business structures, including joint ventures and partnerships with respect to various industries, including energy, construction and transportation;
  • Drafting governance policies for boards of directors of economic development corporations and providing guidance on the application of governance policies;
  • Advising Councils and communities on the development of laws and policies based on inherent jurisdiction, recognition agreements such as the Framework Agreement on First Nation Land Management and statutes such as the First Nations Fiscal Management Act and the Indian Act, and the design and operation of the self-governance institutions which will implement those laws and policies;
  • Collaborating with Indigenous clients on the joint presentation of information at community consultation and information update meetings; and
  • Consulting on the negotiation of impact benefit and community benefit and cooperation agreements with government and industries.

Members of our group work with our First Nation clients to develop and implement sound governance policies, institutions and practices which reflect the interests, priorities and objectives of their communities. 

The laws, policies and codes which we have developed for our clients have proven capable of supporting some of the largest economic development projects undertaken on reserve land in Canada, and have provided the legal basis for entirely new forms of governance and environmental protection institutions which successfully carry indigenous value systems and decision-making processes forward into modern business and governance activities.

We strive at all times to identify our clients’ objectives and we respond accordingly by helping our clients overcome their challenges and achieve their goals. The Indigenous Practice Group understands the unique circumstances and complexities of Indigenous affairs and the dynamic relation between the various parties. We anticipate potential problems, employ techniques to avoid them and find creative solutions to overcome them.

recent news & insights

Indigenous

Success before the SCC in a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction over their children.

Announcement
Court House Building Facade

Indigenous

Success before the SCC in a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction over their children.

Announcement
Court House Building Facade

Indigenous

National Day for Truth and Reconciliation 

Diversity & Inclusion
Indigenous artist image for TRC

Indigenous

Katherine Hensel Named One of Canada’s Top 25 Most Influential Lawyers of 2023

Announcement, Recognition

Indigenous

Adverse Possession and Reserve Land

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41 Lawyers Profiled Across 24 Areas of Law in The Best Lawyers in Canada, 2024

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2023-2024 OBA Section Executives

Announcement

Indigenous

Economic Development Corporations, Strategic Partnerships & Joint Ventures: Structuring, Governance, Taxation and Sovereign Wealth Planning

Speaking Engagement

Corporate Commercial

Fogler, Rubinoff Ranked as One of Ontario’s Top 10 Regional Firms

Announcement, Recognition
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Indigenous

Foglers is acting for the intervener before the SCC in a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction over their children.

Announcement
Court House Building Facade

Indigenous

Aboriginal Law Update: Emerging Issues and Game Changing Cases

Speaking Engagement

Indigenous

Interview: Panel Discusses Gender Bias and Their Legal Efforts to Advance Equality at IWD Event

Diversity & Inclusion, Interview

Indigenous

Prominent First Nations Lawyer Joins Fogler, Rubinoff LLP

Announcement
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Litigation and Dispute Resolution

2021-2021 Ontario Bar Association Section Executive

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Indigenous

Key Developments in Aboriginal Law, Volume 2

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Eight Partners Ranked as Leading Practitioners in Canadian Legal Lexpert® Directory, 2021

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Indigenous

Connecting Indigenous Communities To High Speed Internet

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Indigenous

Celebrating National Indigenous Peoples Day

Diversity & Inclusion
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Indigenous

Application For Limestone Quarry Licence Set Aside For Failure To Have ‘Meaningful Conversation’ With First Nation

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Indigenous

Building Future Wealth for First Nations

Interview

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