D. Bruce Clarke is a graduate of Dalhousie Law School and was admitted to the Nova Scotia Bar in 1982. He articled with and joined the firm of Burchells, and became a partner in 1988. His practice is primarily in the areas of Aboriginal and Treaty Rights and Corporate, Insolvency and Commercial Law.

Bruce has been active in the area of Aboriginal and Treaty Rights since 1983. He appeared before the Supreme Court of Canada in the landmark cases of R. v. Simon in 1984, Marshall v. R. in 1998, R. v. Powley in 2003, Bernard / Stephen Marshall v. R. in 2005 and R. v. Sappier and Polchies / Darrell Gray in 2006. Bruce has also argued numerous cases in the Provincial Courts, Superior Courts and Courts of Appeal throughout Atlantic Canada.

Bruce acts for First Nations, Tribal Councils and other Aboriginal organizations throughout the Maritimes. His work includes land claims negotiations, consultation and accommodation, constitutional development, internal governance and strategic planning.

Economic development for Aboriginal communities is a quickly growing area of commercial activity. Bruce has worked for many years with First Nations, Aboriginal-owned corporations and Aboriginal business people and entrepreneurs. With expertise in both Aboriginal issues and business law, Bruce has an excellent blend of skills, experience and understanding to make Aboriginal business and economic development a success.

Bruce has acted as a contributor to numerous publications on Aboriginal issues. Bruce was a contributor to ‘The Mi’kmaq Treaty Handbook’ (1987), the ‘Netukulimkewe’l Aquatic National Life Guidelines’ (1990, 1994), the ‘Netukulimkewe’l Land Based and Fowl Natural Life Guidelines’ (1990, 1995), ‘Mi’kmaq and the Law’ (1991), ‘Towards a Better Understanding’ (1993) and ‘Completing the Circle’ (1997).

Bruce is also the author of ‘Aboriginal Peacemaking Circles’ (2001) and ‘The Limitation of Litigation as a Means of Reconciling Aboriginal Rights’ (2005), published in ‘Legal Aspects of Aboriginal Business Development’. Bruce has acted as an external reviewer for the Indigenous Law Journal and has been a frequent conference presenter on Aboriginal issues to a wide variety of audiences.

Stuart's practice is solely devoted to Aboriginal and Treaty rights and Aboriginal Peoples' interests. His clients are First Nations, First Nations representative organisations such as Tribal Councils, Aboriginal business enterprises, individual members of First Nations and people of Aboriginal descent. Stuart is both a litigator and negotiator.

As a litigator Stuart has teamed with other lawyers in a number of precedent-setting and ground breaking cases on behalf of Canada's Aboriginal Peoples including:

• R. v. Sappier, Polchies and Gray at the Supreme Court of Canada;
• R. v. Powley at the Supreme Court of Canada;
• R. v. Donald Marshall at the Supreme Court of Canada;
• Mario Lord et al v. AG Canada, le Procureur General du Québec et al, in the Superior Court and Court of Appeal for Québec;
• Matthew Coon Come et al v. AG Canada et al, in the Federal Court of Canada;
• Samson Cree Nation v. HMQ (Canada) et al, in the Federal Court of Canada and the Federal Court of Appeal;
• Stoney Indian Band v. Minister DIAND, Minister of the Environment et al in the Federal Court of Canada, the Federal Court of Appeal and in the Alberta Court of Queen's Bench;
• Iyahre Nakoda v. A.G. Canada and AG Alberta in the Alberta Court of Queen's Bench;
• R. v. RDS in the Nova Scotia Provincial Court.

As a negotiator Stuart has represented Aboriginal Peoples in:

• Litigation settlement discussions that led to the Paix des Brave in Québec and its 3.5 billion dollar settlement;
• The devolution process in the NWT;
• The Bilateral Agreement in New Brunswick;
• Agreements concerning the exercise of Aboriginal and Treaty rights;
• Comprehensive claims;
• Specific claims;
• Consultation and accommodation processes;
• Environmental agreements;
• Impacts and benefits agreements;
• Socio-economic agreements;
• Joint ventures and partnerships with industry.

Stuart works with First Nations and Aboriginal Peoples' representative groups to develop and implement constitutions, legislation and by-laws and drafts proclamations, protocols, principles, policies and standards regarding:

• Aboriginal Rights, Aboriginal Title and Treaty Rights;
• Communications and media.
• Consultation and accommodation;
• Custom election codes and regulations;
• First Nation Council procedural regulations;
• Economic development;
• Employment and labour;
• Environmental protection;
• Housing and infrastructure;
• Human rights;
• Inter-governmental relations;
• Self-government.

Stuart provides advice and legal opinions regarding various environmental impact assessment processes and their respective legislative schemes.

For both 2007 and 2008 Stuart has been selected by his peers practicing Aboriginal law throughout the country as one of "The Best Lawyers in Canada" in the book of that name. He is a member of the Nova Scotia Barrister Society, the Canadian Bar Association (of which he is a past Chair of the Environmental Law sub-section for Nova Scotia), the National Aboriginal Forestry Association and the International Commission of Jurists.

Stuart frequently present papers and give lectures on Aboriginal Peoples rights and interests at legal conferences across Canada and overseas and at universities, colleges and high schools across Canada.

Prior to entering the practice of law Stuart had been:

• The principal of a forestry consulting company active in British Columbia and Quebec;
• A forest technician with the BC Forest Service;
• A logging contractor in BC;
• A refinery operator in Ontario and Alberta
• Employed in various construction and natural resource development jobs across Canada and in the U.S., Mexico, Central America and Europe.

Naiomi Metallic is from the Listuguj Mi’gmaq First Nation, located on the Gaspé Coast of Quebec. Admitted to the Bar on March 7th, 2008, she was the first Nova Scotia lawyer in history to be called to the bar in English, French and Mi'kmaq.

Naiomi is alumni of Dalhousie Law School’s Indigenous Blacks & Mi’kmaq Program (LL.B. 2005), as well of the University of Ottawa’s National Program (LL.L. 2006). She was also a law clerk at the Supreme Court of Canada from May 2006 to June 2007. During this time, she gained first-hand knowledge of Aboriginal rights litigation at Canada’s top court.

Naiomi has given presentations on Aboriginal issues to a wide variety of audiences. She presented a paper on the “Basics of Aboriginal Law” at a 2008 Canadian Bar Association Annual Conference in Halifax. In the 2008-2009 academic term, she will teach First Nations Law at Dalhousie Law School.

Naiomi has been interested and involved in Aboriginal legal, governance and economic issues for a number of years now and brings a wealth of first-hand experience in dealing with those matters on a day to day basis.

Derek joined Burchells in 2009 after articling and practicing with another major firm in Halifax. Derek’s practice is focused in the areas of corporate and commercial transactions and real estate, as well as Aboriginal and environmental law. He has experience working with a wide range of clients, including individuals, businesses, Aboriginal governments, and not-for-profit organizations. He has advised on issues including contracts, commercial and residential property and leases, borrowing and lending, incorporation, buying and selling a business, governance, taxation, and bankruptcy and insolvency. He has also done work on renewable energy and community economic development projects

Derek obtained his Honours Bachelor of Business Administration from Wilfrid Laurier University in 2000, following which he worked in various positions in accounting and finance. He graduated from the University of Victoria law school in 2007.

Derek also dedicates volunteer time to several community organizations and a number of boards. He has presented on various topics in business and Aboriginal law, and he has had articles on business and environmental law published in various publications. He enjoys cycling, hockey, ultimate frisbee, and the outdoors. Derek and his wife Cheryl live in Dartmouth.

Ann E. Smith is a 1990 graduate of Osgoode Hall Law School and was admitted to the Nova Scotia Bar in 1991. Ann's practice experience includes providing advice and representation to clients, including Aboriginal clients, on all aspects of employment law and human resource issues. In recent years, Ann has represented First Nations clients in several Aboriginal rights cases in New Brunswick and Nova Scotia.

Cory Withrow graduated from the University of New Brunswick law school in 2003 and was admitted to the Nova Scotia Bar in 2004. Cory has also been involved and continues to build a practice and gain experience in the areas of complex litigation involving construction related issues, environmental contamination, commercial litigation, contractual disputes and aboriginal rights and consultation issues.

Return to the Main Aboriginal & Treaty Rights Page

Disclaimer:
The purpose of our web site is to enable our firm to provide general information in certain fields of law. As every situation is unique and the facts and advice would vary with individual circumstances, the information contained on this site is not offered as legal advice. Please call or email us to arrange for legal services specific to your needs. The articles contained on this web site are subject to copyright laws and may not be reproduced without the prior written permission of Burchells LLP, except as otherwise specifically permitted. Burchells LLP grants you a limited license to use the content made available on this web site for personal or educational purposes only, provided that you do not change any content, you display all copyright notices produced with the material, and you do not copy this information into another web site or any product you create or release nor make any commercial use whatsoever of this information.