Jeffrey R. W. Rath

In 1987 Jeff graduated on the Dean's List from the University of Alberta with an Honours Degree in Political Science. He wrote his Thesis on Bill C-31 and the ongoing efforts of the Government of Canada to legislatively eradicate "Indians" in Canada through various amendments to the Indian Act.

The London School of Economics accepted Jeff to the Faculty of Law in 1987. In 1990, following three years in London, Jeff graduated with an Honours Degree in Law from the prestigious London School of Economics.

As a law student, student at law and young lawyer, Jeff worked in the field of oil and gas and regulatory law at Mobil Canada, Mobil North Sea and the law firm of Burnet, Duckworth & Palmer LLP. On the advice of his First Nation mentors, who advised he would be disowned by them if he kept acting for oil companies, Jeff he has since used his vast amount of knowledge and experience to effectively advocate on behalf of First Nations natural resource rights in Canada.

On July 12, 1991 Jeff was admitted to the Alberta Bar. Since that time he has used his knowledge and experience to win numerous cases both protecting and advancing First Nation rights.

Jeff has been involved in arguing cases at every level of Court in Canada. These Courts include the Supreme Court of Canada; the Federal Court of Appeal; the Federal Court Trial Division; the Alberta Court of Appeal; the Alberta Court of Queen's Bench; and the Provincial Court of Alberta; the Saskatchewan Court of Appeal; the Supreme Court of British Columbia; and the Ontario Court of Appeal. Jeff also successfully advocated against numerous boards and tribunals including the National Energy Board; the Alberta Energy and Utilities Board; the Alberta Energy Resources Conservation Board; and the British Columbia Environmental Appeal Board.

In 1993, on behalf of the Treaty 8 Tribal Association Jeff won the first successful Appeal at the B.C. Environmental Appeal Board using the B.C. Government's failure to consult as the foundation of the case.

Jeff also has extensive commercial experience. In 1993 he completed one of the largest (24 Million Dollar) private financings of a public building on First Nations' land.

In 1996/1997 Jeff litigated the Halfway River First Nation case which pioneered the use of expedited Judicial Review Proceedings to quickly and decisively protect the rights of the Halfway River First Nation under Treaty 8 to the Tuzdah, a sacred and traditional hunting ground within their traditional territory. Jeff and Allan Donovan successfully defended their victory at the B.C. Court of Appeal in 1999.

Jeff has also been instrumental in obtaining record breaking settlements on behalf First Nations.

The landmark Alberta case of R v. Breaker was argued and won in Alberta Provincial Court in 1996-2000. This was the first time that an Indian hunter was acquitted on the basis of failures by the Alberta Crown to consult with regard to the establishment of hunting regulations in Alberta.

The Mikisew Cree Nation case was argued and won at the Federal Court Trial Division in 2001. This was the first time that an Alberta First Nation succeeded in proving the existence of Treaty Hunting Rights in a National Park as well as utilizing a failure to consult by the Crown to stop a project on so called "Crown" lands in Alberta. Interestingly, Rath & Company not only had to argue against Justice Canada, but also succeeded in beating the Edmonton firm of Ackroyd, Piasta, Roth & Day LLP who were aggressively arguing against the interests of First Nations' trappers and the Mikisew Cree Nation on behalf of the Thebacha Road Society in that case.

Following a ruling by Justices Rothstein and Sexton in the Federal Court of Appeal in 2004, with Madame Justice Sharlow correctly dissenting, the Mikisew case went to the Supreme Court of Canada. Jeff acted as Lead Counsel with numerous esteemed Counsel intervening in support. The Supreme Court of Canada issued a unanimous 9-0 ruling in favour of Mikisew in what has become a Landmark decision of that Court. Among other things the Court found that :

• ORAL PROMISES FORM PART OF TREATY 8
• MIKISEW HAD RIGHTS UNDER TREATY 8 TO HUNT, TRAP AND FISH IN A NATIONAL PARK
• THE OBLIGATION TO CONSULT ARISES UPON THE CROWN OBTAINING EITHER REAL OR CONSTRUCTIVE KNOWLEDGE THAT A RIGHT MIGHT BE INFRIGED
• THAT FIRST NATIONS ARE ENTITLED TO A PROCESS OF CONSULTATION SEPARATE AND APART FROM THE "PUBLIC PROCESS"
• THAT FIRST NATIONS ARE ENTITLED TO BE PROVIDED INFORMATION AS THE THE NATURE AND EXTENT OF THE IMPACT AND ARE TO BE GIVEN ADEQUATE TIME TO REVIEW THIS INFORMATION WITH THEIR OWN EXPERTS PRIOR TO HAVING TO ENGAGE IN A CONSULTATION PROCESS WITH THE CROWN
• THE CROWN CAN NOT DELEGATE ITS SUBSTANTIVE CONSULTATION OBLIGATIONS ONTO SELF INTERESTED THIRD PARTY PROJECT PROPONENTS
• THAT THE CROWN CANNOT SIMPLY TELL FIRST NATIONS TO GO EXERCISE THEIR RIGHTS ELSEWHERE
• THAT THE HONOUR OF THE CROWN REQUIRES THE CROWN TO GIVE PRIORITY TO FIRST NATION RIGHTS AND INTERESTS
• THAT FIRST NATION CONCERNS MUST BE ÒSERIOUSLY CONSIDERED AND, WHEREVER POSSIBLE, DEMONSTRABLY INTEGRATED INTO THE PROPOSED PLAN OF ACTION

Cases that Jeff has successfully litigated and been involved in winning include and but are not limited to:

Treaty 8 Tribal Association v. The Ministry of Forests, at the Environmental Appeal Board of British Columbia;

Blueberry River First Nation v. Remington Exploration

Halfway River First Nation v. The Ministry of Forests and Canfor at the Supreme Court of British Columbia in 1996;
Halfway River First Nation v. The Ministry of Forests and Canfor at the British Columbia Court of Appeal in 1999;

R. v. Breaker at the Provincial Court of Alberta;

Liidlii Kue First Nation v. Canada at the Federal Court of Canada;

Haida Nation v. British Columbia (Minister of Forests) Supreme Court of Canada

Taku River Tliingit First Nation v. British Columbia at the Supreme Court of Canada;

Mikisew Cree First Nation v. Minister of Canadian Heritage at the Federal Court Trial Division,

Mikisew Cree First Nation v. Minister of Canadian Heritage at the Federal Court of Appeal

Mikisew Cree First Nation v. Minister of Canadian Heritage at the Supreme Court of Canada

Chief Liza Wolf (Prophet River First Nation) v. Canada at the Federal Court Trial Division

Chief Liza Wolf (Prophet River First Nation) v. Canada at the Federal Court of Appeal

Whitefish Lake Band of Indians v. Canada (Attorney General), 2007 ONCA 744, 2007 CarswellOnt 6952, 87 O.R. (3d) 321

Tel: 403-931-4047 ext. 224 jrath@rathandcompany.com