The Truth and Reconciliation Commission of Canada includes a Call to Action to the business sector: #92. Business and Reconciliation "Commit to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects.   Within the construction industry, there are increasing opportunities to grow long-term relationships with Indigenous people.

Scott A. Smith, Nick Smith, and Mike Nienhuis provide an overview of issues and matters to be considered in relation to development, construction and/or infrastructure projects involving partnerships or consultations with Indigenous groups.

Speaker Bios

Scott A. Smith is a partner at Gowling WLG with a leading national practice at the confluence of Indigenous, environmental, energy, and natural resource law. Scott has extensive experience in negotiating and structuring Indigenous equity ownership of major projects. Scott is a recognized thought leader and highly-skilled negotiator. He has negotiated precedent-setting agreements between Indigenous people, proponents, and other governments. His Indigenous and environmental advocacy practice includes representing Indigenous peoples in regulatory hearings, judicial reviews and appeals of administrative decisions (such as the Crown's failure to consult Indigenous peoples), multi-party civil litigation in respect of contaminated sites, and complex tort litigation.

Nick Smith is a lawyer with Miller Titerle + Company and provides solicitor services for First Nations relating to economic development, natural resource development, commercial transactions, and governance. He builds on recognized and affirmed rights articulated in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Nick works with First Nations in the development of their laws, project benefits agreements, and corporate structures. He supports them in commercial negotiations with government and industry. Recently, Nick has worked with the BC Assembly of First Nations in the ongoing legislative implementation of DRIPA. He provides legal and policy support for critical areas that impact First Nations, such as economic development and resource management.

Mike Nienhuis is Counsel practicing in the Indigenous Business Law, Commercial Real Estate and Corporate Commercial Law Groups at Singleton Urquhart Reynolds Vogel LLP. Mike has frequently advised clients, including First Nations, regarding transactions involving First Nations lands and other indigenous law matters, including the implementation of land codes and related law and policy development. Mike has acted in connection with the development, acquisition, disposition and financing of numerous clean energy and other natural resource projects on Crown, First Nations and privately owned land.  He has advised companies in the natural resources sector on a variety of commercial matters, including provincial land tenures.