Areas of Practice

Our Areas of Practice include:

• Sustainable Economic Development
• Consultation and Accommodation (Impact Benefit) Agreements
• First Nations' Land Management
• First Nations' Governance
• First Nations' Taxation
• First Nations' Employment Law
• Residential Schools Program (click this link)

Sustainable Economic Development

Cedar Law provides strategic and effective legal advice for sustainable economic development.  We will carefully consider your economic development goals and opportunities.  We can advise you on legal risks, appropriate business structures, leasing, financing issues and tax considerations. Our goal is to help First Nations maximize business opportunities while protecting against liability.

Find out about our Sustainable Economic Development Workshop.


Consultation and Accommodation (Impact Benefit) Agreements

Government has a duty to consult First Nations if a credible claim to Aboriginal rights or title could be affected by government decision-making.The duty to accommodate, including through financial compensation, often arises when a proposed activity will impact the right or title interest. 

Cedar Law can assist First Nations with all aspects the consultation process, including responding to government and third parties, negotiating and drafting agreements, and challenging approvals. 

Find out about our Obligation to Consult and Accommodate Workshop


Land Management

The opportunity to develop, tax and lease Reserve lands can bring much-needed revenues for many First Nations.  These revenues can be used to generate further community and economic growth.

Cedar Law can assist you with all aspects of Reserve land management including: leasing on-Reserve; mortgaging leasehold interests; working with outside partners; developing land use bylaws; removing trespassers from reserve; evictions; and implementing development cost charges and property taxation under the Indian Act or the Fiscal and Statistical Management Act. 

Cedar Law can also provide legal support to First Nations who wish to adopt, or have adopted, their own Land Code under the First Nations Land Management Act.

Find out about our Reserve Land Management Workshop


Governance

Sometimes existing governance structures are outdated and don’t work for a community.  For example, holding elections every two years may not allow Council enough time to implement positive change, or allowing spousal band memberships to remain in the event of marital breakdown may result in an unacceptable reduction in benefits for all members over time. 

In other cases, there may be a failure to implement existing bylaws or policies – or no bylaws or policies in place to govern particular activities.  For example, there may be accumulated rents owed for band housing that remain outstanding for a number of years.  Without a rental policy and consistent enforcement, it will be difficult to collect arrears.

Cedar Law can help staff and Council with these and other governance matters.  We can review, revise and draft membership codes, election codes, bylaws and policies to meet your community’s specific needs.   We can provide training to staff on the implementation of bylaws and policies, and take legal action where warranted to ensure compliance.

Find out about our Governance Workshop


Taxation

Taxation can be a powerful tool for First Nations.   Existing tax exemptions can provide business advantages to individuals and First Nations and taxation powers can generate revenues needed for community growth. 

Cedar Law drafted what will be the first laws under the First Nations Fiscal and Statistical Management Act (the “FNFSMA”) and we can provide references upon request.  We are also experienced in drafting, implementing, and revising property tax laws under s. 83 of the Indian Act. 

Cedar Law can advise First Nations on tax matters related to s.87 of the Indian Act and s.149 of the Income Tax Act, including how business formats can preserve or eliminate these tax exemptions. 

Cedar Law can assist First Nations with the implementation of commodity taxation, commonly referred to as the “FNGST”.

Find out about our Making Taxation Work for You Workshop


Employment Law

Cedar Law can work with your community or organization to develop and review employment policies, train staff, draft employment contracts, evaluate disciplinary action and, where necessary, dismiss employees. 

Our goal is to help First Nations manage employees consistently and prevent wrongful dismissal or conflict of interest lawsuits where possible.  

Find out about our Employment Workshop.