Farber, Tamara
Miller omson LLP
(416) 595-8520
tfarber@millerthomson.com
Ms. Farber leads the firm's
national Environmental Law
Group. A Certified Special-
ist in Environmental Law, she
combines her interest in en-
vironmental matters in a civil
litigation context as well as in
commercial transactions.
Ferrara, Justin E.
Norton Rose Fulbright
Canada LLP
(403) 267-8222
justin.ferrara@nortonroseful-
bright.com
Mr. Ferrara practises primar-
ily in the areas of M&A and
corporate finance. He has
extensive experience repre-
senting both publicly traded
and private issuers, including
corporations and income
funds, in connection with
a broad range of matters.
Finnerty, Pat C.
Blake, Cassels
& Graydon LLP
(403) 260-9608
pcf@blakes.com
Mr. Finnerty's emphasis
is on domestic and cross-
border M&A, corporate
transactions, public offerings,
private placements and
special committees. He has
extensive experience in the
acquisition, structuring and
financing of energy projects.
Feldberg, Peter D.
Fasken Martineau
DuMoulin LLP
(403) 261-5364
pfeldberg@fasken.com
Mr. Feldberg is the Firm
Managing Partner. He acts on
all aspects of utility regulation,
energy project development
and First Nations matters.
He acts for applicants before
regulatory tribunals and
at all court levels.
Ferrier, Janet
Davies Ward Phillips
& Vineberg LLP
(514) 841-6511
jferrier@dwpv.com
Ms. Ferrier's energy practice
focuses on domestic and
international M&A, joint
ventures, investment and
related commercial matters.
Fitch, QC, Gavin S.
McLennan Ross LLP
(403) 303-9120
gfitch@mross.com
Mr. Fitch focuses on environ-
mental, energy regulatory
and Aboriginal law, and has
extensive experience acting
before administrative tribu-
nals in approval and permit-
ting processes for oil and
gas and mining projects and
electric power facilities.
ABORIGINAL INTERESTS
|
17
don't, she cautioned, and title is later recog-
nized, lawfully awarded permits could be
cancelled, which means projects could even
be shut down.
In the 14 months or so since it was hand-
ed down, Tsilhqot'in has had a discernable
impact on First Nations, who have been
arriving at the bargaining table with raised
expectations, several practitioners agree.
"For many Aboriginal communities,
there's been a real boost of confidence in
terms of their position," says Maxime Faille,
an Aboriginal law practitioner at Gowl-
ing Lafleur Henderson LLP in Ottawa. "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 ma-
jor tool, and opportunity for real leverage.
ey see the courts are there as a recourse if
negotiations don't pan out."
at is creating some challenges for proj-
ect developers, says Chamberlain.
"It can be a bit tricky because you raise
people's expectations, they come to the ne-
gotiating table, and they may or may not get
what they want or think they are entitled to.
From my point of view, the thing Tsilhqot'in
is doing is it's creating a potentially challeng-
ing environment for negotiating at times.
ere's a whole pile of stuff simmering."
What's simmering are Aboriginal groups
who signed away their rights in historic
treaties with the federal government 150
years ago.
Many are simmering with anger.
FAILLE SAYS MANYsuch groups are
watching in some dismay as their brethren
who never signed treaties or who signed
modern-day treaties get far more say over
development on their land.
"What we're seeing is that people in
those communities don't accept they
should be second- or even third-class
citizens within the wider Aboriginal com-
munity in Canada. ey're saying they
shouldn't be punished, in effect, or disad-
vantaged for having come to terms with
Canada 150 years ago when the country
was forming and coming together.
"So there's a strong sense that they should
not be in a significantly worse position than
those communities that didn't sign a treaty,
or that weren't given that opportunity to
enter into a treaty. It's a serious issue."
at apparent reversal of fortune, says
Chamberlain, "is something I think is not
only going to inflame the situation a bit but
it's also going to take those raised expecta-
tions and it's going to make people say:
'Wait a second. If they've got that, if they've
got title and the ability to negotiate that,
what should we be able to do here?'
"at is a challenge, and it's something
that over time is going to have to be re-
solved."
ere are strong indications the poten-
tially explosive issue is headed for the courts.
Some First Nations are arguing the his-
toric treaties under which they surrendered
their land were actually just peace treaties,
says Radha Curpen, co-head of the Aborigi-
nal law group at Bennett Jones LLP. ese
groups say the ancestors who signed the
treaties had no concept of private owner-
ship of land.
