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Aboriginal and constitutional law

  • Ancestral rights
  • Land claims and specific claims
  • Negotiation of treaties and other constitutional agreements
  • Impact and benefit agreements
  • First Nations governance
  • Litigation 

Native communities have achieved a level of development that allows them to assert their right to be fully involved in economic and social development, in accordance with deep-seated values they hold dear and in harmony with their partners in non-native majority civil society.

Cain Lamarre is closely involved in helping forge these new relationships and alliances that aim to help native communities develop to their full potential as key partners in their own development.

We have a seasoned team devoted to working with band councils, businesses, and other institutions and organizations in native communities. It is made up of lawyers with indepth knowledge of an often delicate and complex subject.

Our legal professionals are firmly rooted and active in communities all across Quebec. They can provide a vast array of services with an aboriginal component and help set up various types of economic, political, and administrative partnerships between native organizations and economic organizations and stakeholders.

Our lawyers are called on to handle cases with various components:

  • Economic: negotiate partnership agreements, put together financing packages, perform tax planning, counsel businesses on their obligations to native communities
  • Political: negotiate treaties and conventions with government authorities, reach settlements for land and other claims, handle problems dealing with ancestral rights
  • Administrative: draft regulations, draft administrative texts, provide legal counsel (on management or administrative matters, labor relations, contract wording, or any of a wide range of general issues), represent clients

Constitutional law

Cain Lamarre boasts lawyers who have developed expertise in constitutional law. They put this knowledge to good use helping corporate and government clients as today’s constitutional structures change and evolve.

  • Charters of rights and freedoms: services in all matters involving charters of rights and freedoms, abusive seizures, inspections, or searches by administrative agencies or inspection or investigation services, defense of fundamental rights (hearing before an impartial court, right to make full answer and defense, and right to privacy), accommodation, limitation, and restriction of fundamental rights, counseled government at constitutional conferences on specific issues, represented clients in cases dealing with the application of constitutional texts and the charters of rights and freedoms
  • Judicial independence: represented judges’ conferences and associations before remuneration committees and civil courts in constitutional cases with regard to remuneration
  • Ancestral rights and aboriginal law: counseled government at constitutional conferences on specific issues, represented native communities in constitutional convention and treaty negotiations