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CAROLINE
Briand

Title: lawyer Year of call: 2008

Expertise: aboriginal and constitutional law  |  administrative law  |  litigation

Caroline Briand practices mainly in Aboriginal and constitutional affairs, administrative law, and litigation. She acts on behalf of clients in complex disputes and negotiations, with an emphasis on matters involving Aboriginal and Northern affairs, mining, and natural resources.

She often appears before civil courts and administrative tribunal of first instance, as well as the Federal Courts and the Québec Court of Appeal, and represents clients in private arbitration disputes.

In Aboriginal affairs, she works with Aboriginal communities, organizations, and businesses. She advises them in relation to the negotiation and implementation of treaties and of administrative and commercial agreements, mining and other natural resource development projects, protection of Aboriginal and treaty rights, and economic, social, and cultural development projects. She also acts for Aboriginal communities, organizations, and businesses in litigation and arbitration proceedings.

In matters involving mining and natural resources, she mostly represents contractors and suppliers in negotiation and in drafting agreements in the context of the construction or operation of mining or industrial projects, as well as in litigation.

Caroline’s work in administrative law involves advising and representing professional associations and other regulatory organizations, particularly in judicial review and with respect to governance issues.

Her fields of specialization include:

  • Native Affairs
  • Energy and Natural Resources
  • Professionals and Consultants

Assistant: Karine Lavoie

Expertise

  • Aboriginal and constitutional law (aboriginal rights, impacts and benefits agreements, First Nation governance, litigation, negotiation of treaties and other constitutional agreements, land claims and specific claims)
  • Administrative law
  • Litigation

Education

  • Certificate in Mining Law, York University, Osgoode Hall Law School (2016)
  • Bachelor's degree in civil law, McGill University (2007)
  • Bachelor's degree in common law, McGill University (2007)
  • Trial and Appellate Practice major, McGill University (2007)

Professional experience

  • Cain Lamarre (Montreal) (2008 to present)
  • O'Reilly & Associés (2005 to 2007)

Lecturing, conferences, publications

  • Caroline Briand and Stéphane Gauthier, "La confidentialité en matière disciplinaire", Ordre professionnel des diététistes du Québec (2015)
  • Caroline Briand, "What Difference Will Tsilhqot’in Make?", Symposium on the judgement Tsilhqot’in, Faculty de Law, McGill University (2014)
  • Caroline Briand and Natacha Leclerc, "Tsilhqot’in Nation Declaration of Aboriginal Title: A Return to Delgamuukw?", Aboriginal Law Forum Insight (2014)
  • Caroline Briand and Denis Cloutier, "La liberté d’expression", Quebec Bar Convention (2012)
  • Caroline Briand and Karina Kesserwan, "Obstacles to Compensation of Victims of Violence Before the Civil Law Courts," 2011 International Conference, "Violence Against Women: Complex Realities and New Issues in a Changing World," Interdisciplinary Research Center on Family Violence and Violence Against Women (CRI-VIFF) (2011)
  • Caroline Briand, "The Quebec Innu Nation Example : New Approaches to Aboriginal Rights in Treaties," 2011 National Aboriginal Law Conference, Canadian Bar Association (2011)
  • Caroline Briand and Cristina Mageau, "Tips for Young Litigators," University of Ottawa, Faculty of Law (Civil Law Section) (2011)
  • Caroline Briand and Denis Cloutier, "Good Faith and Proportionality: New Benchmarks for the Exercise of Civil Rights," Recent Developments in Civil Procedure, Quebec Bar Convention (2010)
  • Caroline Briand and Denis Cloutier, "Proportionality: New Benchmarks for the Exercise of Civil Rights – Situation Since May 2008 and Reflections on Our Role," Quebec Bar Convention (2009)
  • Caroline Briand and Denis Cloutier, "Good Faith and Proportionality: New Benchmarks for the Exercise of Civil Rights," Quebec Bar Convention (2008)

Associations, committees, boards

  • Member, Ontario Bar (Law Society of Upper Canada)
  • Chairwoman, Women Lawyers Forum (Québec section), Canadian Bar Association
  • Member, National Aboriginal Law Section, Canadian Bar Association
  • Member, Canadian Bar Association
  • Secretary and member, board of directors, McGill Women's Alumnae Association
  • Member, Québec Mineral Exploration Association
  • Member, Justicia Project, Québec Bar
  • Member, Montréal Young Bar Association
  • Former volunteer lawyer, Legal Information Clinic, YWCA Montreal
  • Former volunteer presenter for students as part of Éducaloi’s "Ateliers de la Justice"