Aboriginal and constitutional law

  • Aboriginal rights and title
  • Comprehensive land claims and specific claims
  • Negotiation and implementation of treaties and other agreements
  • Impacts and Benefits Agreements (“IBAs”)
  • Self-determination, self-government and governance
  • Business partnerships
  • Natural resources development
  • Litigation 

Cain Lamarre proudly counts a team of seasoned legal professionals in its ranks who are devoted to working with band councils and other Indigenous governments as well as businesses, institutions, organizations, and individuals in Indigenous communities. Our team comprises lawyers with a deep knowledge of such matters, which often involve sensitive and complex issues.

Our legal professionals are present and actively engaged in their own communities all across Quebec. They can provide a vast array of services to our Indigenous clients and assist them in setting up various types of economic, political, and administrative partnerships between Indigenous organizations and economic or governmental organizations and stakeholders.

Our legal professionals are called upon to handle cases with various components:

  • Economic: negotiation of partnership or business agreements, legal structures to support the economic development of Indigenous communities, financing structures, tax planning and representations before financial institutions, advice for businesses regarding their obligations to Indigenous communities
  • Political: negotiation and implementation of treaties and agreements with government authorities, comprehensive and specific claims, exercise and protection of aboriginal rights
  • Administrative: drafting of regulations and policies; application of the Indian Act, treaty implementation legislation, and other relevant legislation and regulations; general legal counsel services (e.g. on governance matters, labour relations, drafting of contracts, legal opinions, etc.)

Constitutional Law

Cain Lamarre boasts lawyers who have developed specialized expertise in constitutional law in order to assist institutional and government clients to keep pace with a changing political and economic environment.

  • Charters of rights and freedoms: services in all matters involving charters of rights and freedoms; wrongful seizures, inspections, or searches by administrative agencies or inspection or investigation services; defense of fundamental rights (right to an impartial hearing, right to make full answer and defence, and right to privacy); accommodation, limitation, and restriction of fundamental rights; government consultations at constitutional conferences or parliamentary hearings; representation before courts and administrative tribunals in cases dealing with the application of constitutional texts and the charters of rights and freedoms
  • Judicial independence: representation at judges’ conferences and associations in constitutional cases with regard to the remuneration before remuneration committees and civil courts 
  • Aboriginal rights and aboriginal law: Crown’s duty to consult and accommodate Indigenous peoples, representation of First Nations and Indigenous communities in the negotiation of treaties and agreements