On Reserve Law Enforcement: Taking Matters into Your Own Hands
National Aboriginal Land Managers Association - NALMA
This discussion will focus on a recent case law precedent which clarifies the enforceability of Land Code and First Nation Laws in court. Often, Nations struggle to have police enforce law On-Reserve, especially laws passed by the Nation itself, such as Land Code. Discover the implications of this recent judicial decision, and how your First Nation can help to progress government policy to ensure police enforce all laws on Reserve and Nation lands.
What Participants will Learn by Attending
Participants will learn how Canadian law is changing to allow First Nations to create and enforce their own laws on Reserve (or Land Code Land) and have those laws enforced within the existing Canadian legal system
John Burns, Donovan & Company
John has a Master’s degree in Canadian Aboriginal Law and a Juris Doctorate from the University of Toronto, Faculty of Law. John’s exclusively Aboriginal-side practice focuses on three main areas:
Aboriginal rights and title:· Developing and implementing strategies for successful Consultation and Accommodation negotiations;· Assisting clients through self-government negotiations.
Corporate Commercial:· John has assisted clients in obtaining debt and equity financing for multiple individual projects valued between $150 - $300 million;· Significant experience in commercial development on Reserve and in Nation Territory, including commercial / retail land development, forestry, mining, renewable energy, civil construction, etc.;· Corporate structuring for minimizing liability, ensuring tax efficiency, and minimizing the implications of Canada’s ‘Own Source Revenue’ claw-backs.
Governance:· First Nation Land Management Act (Land Code): established leading case law on Land Code and First Nation Law enforcement;· First Nation taxation;· Service Agreements and Tripartite Agreements;· Trusts and First Nation wealth management.
John has also successfully represented clients from start to finish in the Specific Claims process; B.C. Supreme Court; the Tax Court of Canada; and the Supreme Court of Canada, as well as regulatory hearings on major natural resource projects.