Emes, Aaron S.
Torys LLP
(416) 865-7669
aemes@torys.com
Mr. Emes practises exten-
sively in the areas of energy
and infrastructure, M&A
and project development,
including having worked in
the electricity and nuclear
sectors for virtually his
entire career.
Erickson, G. Frederick
Stikeman Elliott LLP
(403) 266-9016
ferickson@stikeman.com
Mr. Erickson has extensive
involvement as lead counsel
in major transactions
including acquisitions and
dispositions, JVs, project
development, financing
and restructurings in the
upstream oil and gas industry,
including midstream
and LNG sectors.
Faille, Maxime
Gowling Lafleur
Henderson LLP
(613) 783-8801
maxime.faille@gowlings.com
Mr. Faille leads the firm's
national Aboriginal Law
Group, and acts for First Na-
tions, Inuit and Métis com-
munities across Canada, as
well as private-sector interests
seeking to do business with
Aboriginal communities.
Engbloom, QC, Robert J.
Norton Rose Fulbright
Canada LLP
(403) 267-9405
robert.engbloom@nortonrose-
fulbright.com
Mr. Engbloom's corporate,
M&A and securities law
practice focuses on trans-
actional and special situation
matters and governance. He
regularly advises manage-
ment teams, boards of direc-
tors and special committees
on these matters.
Ezekiel, Ron
Fasken Martineau
DuMoulin LLP
(604) 631-4708
rezekiel@fasken.com
Mr. Ezekiel advises utilities,
pipeline companies, in-
dependent power producers
and other energy & resource
clients on permitting,
environmental assessments,
First Nations agreements,
M&A and divestitures,
JVs and energy & carbon
market transactions.
Fairey, Peter D.
Gowling Lafleur
Henderson LLP
(604) 891-2266
peter.fairey@gowlings.com
Mr. Fairey has a 34-year
diversified corporate/
commercial M&A practice
including PPP, hydro and
alternative energy. His PPP
mandates include acting for
BC on the Canada Line, and
on over 30 port, highway
and social infrastructure
& hospital projects.
16
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ABORIGINAL INTERESTS
LEXPERT
®
RANKED LAWYERS
"e people in the North are accus-
tomed to seeing what are generally white
men come from the south to talk about
things, then go home. at's something
that's really important to try and overcome.
Sharing dinner, or drinks, or breakfast or
time around meetings together is oen the
most effective way to get to know people
and understand them and their interests."
Understanding – and aligning with –
Aboriginal interests on energy develop-
ment has become an issue that companies
and their advisers downplay at their peril.
It used to be that the dealing with Ab-
original groups was mainly a matter of the
Crown's duty of consultation and accom-
modation. But the goalposts shied dra-
matically with a Supreme Court of Canada
decision called Tsilhqot'in (chill-KO-tin).
In the landmark ruling, the justices rec-
ognized the Tsilhqot'in Nation, six small
semi-nomadic bands in BC, has title over
a large swathe of land in the centre of the
province. It was the first time Aboriginal
title has ever been recognized by the court.
e decision gives the Tsilhqot'in, and
any other group whose title claim is recog-
nized from here on in, the exclusive right
to decide how their land is used absent an
overriding public interest.
It's a right many in business say amounts
to consent.
Where title is being asserted but the
courts have not yet ruled – and there are
over 100 such claims outstanding – Chief
Justice Beverley McLachlin, writing for the
court, said project developers can avoid
problems by treating Aboriginal groups as if
they already have that consent right. If they
"FOR MANY ABORIGINAL communities,
there's been a real boost of confidence in terms
of their position [after the Tsilhqot'in decision].
I think it's given a lot of them a little bit more
swagger than they had before. In some cases,
it's catapulted groups into a position where
they see this as a major tool, and opportunity
for real leverage. They see the courts are there
as a recourse if negotiations don't pan out."
– Maxime Faille, Gowling Lafleur Henderson LLP
