Rath & Company

Treaty and Aboriginal Rights

A large part of our practice concerns the protection and advancement of Treaty and Aboriginal rights. This can arise in a number of contexts, but frequently concerns representing individuals who have been charged with hunting or fishing in violation of their Treaty and Aboriginal rights.

Judicial Review

Judicial review of statutory decisions has proven to be an effective approach to the protection of Treaty rights that are being threatened by resource development on Treaty lands.

Treaty Interpretation and Breach of Fiduciary Duty

Many of the cases we are involved in on behalf of our clients are about Treaty interpretation and the Crown's breaches of its fiduciary obligations to fulfill the terms of the Treaty.

Residential Schools Litigation

Since 1999, our firm has been involved in obtaining compensation for our clients for the abuses suffered at residential schools.

First Nation Governance

First Nation governments regularly seek legal advice on various issues that are critical to the functioning of their administrations.

Treaty Land Entitlement Claims

Under the terms of the numbered treaties, First Nations were to be provided with reserve land in addition to various other benefits.

Specific Claims Negotiations

In 1982, the federal government introduced "Outstanding Business", a policy to address the outstanding claims of First Nations concerning the administration of lands and other assets and the fulfillment of Treaty obligations.

Practice Areas

Treaty and Aboriginal Rights

Judicial Review

Treaty Interpretation and Breach of Fiduciary Duty

Residential Schools Litigation

First Nation Governance

Treaty Land Entitlement Claims

Specific Claims Negotiations

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