Indigenous Legal Issues - Learning Criteria

Non-legal Knowledge Requirements — ss. 14 – 18 of Standards

  • Knowledge of the unique cultural, economic, political, social and historical context of Indigenous Peoples in Ontario/Canada
  • Appreciation and recognition of an Indigenous world view 
  • Appreciation and recognition of diversity among Indigenous Peoples
  • Knowledge of colonization and colonial policies such as the reserve system
  • Knowledge of past governments’ assimilation policies towards Indigenous Peoples such as residential schools and adopting out
  • Understanding and appreciation of the consequences and legacy of colonization and assimilation policies and their current and continuing impact on Indigenous Peoples and Indigenous individuals

Non-legal Skills Requirements — Statements of Reference — ss. 31 – 34 of Standards

Advanced interpersonal and communication skills that includes a readiness and ability to

  • Learn about Indigenous legal systems, world views, values, norms or ways of life
  • Listen to and understand multiple perspectives
  • Question and analyze underlying assumptions, including one’s own assumptions, to gain significant understanding and appreciation of issues, facts and behaviour
  • Build trust among individuals from Indigenous and Non-Indigenous communities
  • Develop creative ways to achieve understanding of, or reconciliation of, differing perspectives
  • Demonstrate respect for others with differing world views, values, norms or ways of life

Rights and Governance Developmental Stages and Learning Criteria

Core Requirements, Rights and Governance

Essential

1.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards 

Working knowledge of

  • Constitution Act, 1982, s. 35 and common law applying and interpreting s. 35
  • Indian Act or other law relating to Indigenous Peoples
  • Collective nature of Indigenous rights

Familiarity with

  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards 

Working knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts 

Intermediate

2.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards 

Advanced knowledge of

  • Constitution Act, 1982, s. 35 and common law applying and interpreting s. 35
  • Indian Act or other law relating to Indigenous Peoples
  • Collective nature of Indigenous rights

Working knowledge of

  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

2.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards 

Advanced knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

Advanced

3.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards 

Advanced knowledge of

  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

 

I. Rights Focus

Essential

(a) Knowledge 

Working knowledge of

  • Evidence law related to oral history
  • Law relevant to laches and limitation periods
  • Contract law for the purpose of drafting agreements with Indigenous Peoples
  • Proceedings Against the Crown Act (Ontario)
  • Limitations Act, 2002 (Ontario)
  • Crown Liability and Proceedings Act (Ontario)
  • Federal Courts Act (Canada)
  • Rules of Civil Procedure (Ontario)
  • Judicial Review Procedure Act (Ontario)
  • Specific Claims Tribunal Act (Canada)
  • Provincial Offences Act (Ontario)

Intermediate

(a) Knowledge 

Advanced knowledge of

  • Evidence law related to oral history
  • Law relevant to laches and limitation periods
  • Contract law for the purpose of drafting agreements with Indigenous Peoples
  • Proceedings Against the Crown Act (Ontario)
  • Limitations Act, 2002 (Ontario)
  • Crown Liability and Proceedings Act (Ontario)
  • Federal Courts Act (Canada)
  • Rules of Civil Procedure (Ontario)
  • Judicial Review Procedure Act (Ontario)
  • Specific Claims Tribunal Act (Canada)
  • Provincial Offences Act (Ontario)

Essential and Intermediate, Skills

  • Conduct legal and factual analysis and assist in preparing theory of a client’s case
  • Draft claims for submission to a federal and/or provincial claims process
  • Draft pleadings
  • Draft and advise on simple agreements between Indigenous parties and proponents or the Crown
  • Assist with preparation of submissions on proposed legislation affecting Indigenous Peoples
  • Identify the appropriate procedure and the necessary parties to resolve a client’s problem
  • Identify the full range of remedies that are available and appropriate in a given case
  • Identify the necessary factual and historical evidence to advance a client’s case
  • Identify the necessary opinion evidence of experts to advance a client’s case
  • Understand and apply the necessary procedural rules
  • Assist in all stages of court or administrative tribunal proceedings

Advanced

(a) Knowledge

Advanced knowledge of

  • Division of powers as it relates to Indigenous Peoples and treaty lands, and the legal and historical complexities surrounding provincial or federal administration and control of treaty lands 
  • Customs, traditions, governance structures and legal systems of Indigenous Peoples
  • Client’s understanding and interpretation of a treaty with an Indigenous Peoples
  • Provincial and federal legislation with implications for Indigenous Peoples and their lands
  • Law of evidence relevant to oral history
  • Law relevant to laches and limitation periods
  • Contract law for the purpose of drafting agreements with Indigenous Peoples
  • Law relating to the retention of experts and production of expert reports

    Working knowledge of
  • Law relating to Indigenous Peoples in other Commonwealth jurisdictions as it relates to the lawyer’s practice

(b) Skills

  • Analyze, research and develop theory of a client’s case
  • Draft claims on complex issues for submission to a federal and/or provincial Aboriginal claims process
  • Draft complex pleadings
  • Draft or advise on complex agreements between Indigenous parties and proponents or the Crown
  • Make submissions on proposed legislation affecting Indigenous Peoples
  • Identify the appropriate procedure and the necessary parties to resolve a client’s problem on matters of greater complexity
  • Identify the full range of remedies that are available and appropriate in complex cases
  • Meet with Elders and traditional knowledge holders to gather traditional knowledge or evidence for purpose of negotiation or litigation, where appropriate to do so, and assess such knowledge or evidence
  • Understand and address the oral history of an Indigenous People in the context of a proceeding or negotiations
  • Retain and instruct experts in production of expert reports
  • Compile and analyze the necessary factual and historical evidence to advance a client’s claim
  • Assemble and analyze the necessary opinion evidence of experts to advance a client’s case
  • Understand and apply the necessary procedural rules
  • Act as lead counsel in all stages of court or administrative tribunal proceedings
  • Advise clients on emerging  legal issues relating to Indigenous Peoples

II. Governance Focus

Essential

(a) Knowledge

Familiarity with

  • First Nations Financial Transparency Act (Canada)
  • Family Homes on Reserves and Matrimonial Interests or Rights Act  (Canada)
  • Indigenous and Northern Affairs Canada Default Prevention and Management Policy
  • Indigenous and Northern Affairs Canada Land Management Manual
  • Métis Nation of Ontario Secretariat Act, 2015 (Ontario)  

(b) Skills

  • Advise on the nature of different forms of local, regional, political-territorial, provincial and Indigenous governments
  • Advise on the division of powers and jurisdiction of federal, provincial, and Indigenous governments
  • Prepare a draft written and oral opinions interpreting the Indian Act and Constitution Act, 1982, s. 35
  • Assist counsel with respect to simple situations involving Indian reserve land management, such as permits, leases or certificates of possession
  • Assist counsel with respect to Indian Act reserve land designations or surrenders
  • Assist counsel in preparation for referendum votes with respect to Indian Act alcohol prohibition by-laws and Indian Act reserve lands designations or surrenders
  • Assist counsel in drafting or negotiating simple agreements to which an Indigenous government is a party
  • Assist counsel in drafting legal opinions or reports to one or more clients outlining the contents of proposed operational or service agreements
  • Assist counsel in preparation for, or attendance at, Indigenous government meetings to advise on procedural matters, fiduciary obligations or conflict of interest
  • Assist counsel with advice regarding obligations of community trustees
  • Review, analyze and provide advice on relevant statutes affecting Indigenous governments
  • Assist counsel with drafting band council resolutions, other Indigenous government resolutions or Indian Act or First Nations Fiscal Management Act by-laws
  • Assist counsel with provision of advice about elections of Indigenous governments
  • Draft pleadings, motion and application records, and documents in civil proceedings or for appearances before administrative tribunals
  • Review and analyze statutory or common-law obligations of Indigenous governments
  • Draft documents for lead counsel with respect to application to Indigenous governments of
    • Employment law
    • Human rights
    • Workplace safety
    • Access to information or privacy
    • Termination of employment
  • Research obligations of Indigenous governments with regard to administrative law requirements for government decision makers
  • Research obligations of Indigenous governments with regard to service and program delivery
  • Assist counsel with drafting, review, negotiation or preparation of funding agreements
  • Assist counsel with drafting, review, negotiation or preparation of political agreements and memoranda of understanding
  • Assist counsel with research and advice on privacy and/or freedom of information obligations of Indigenous governments

Intermediate

(a) Knowledge

Working knowledge of 

  • First Nations Financial Transparency Act (Canada)
  • Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada)
  • Indigenous and Northern Affairs Canada Default Prevention and Management Policy
  • Indigenous and Northern Affairs Canada Land Management Manual
  • Indigenous and Northern Affairs Canada Directive 10 - 1: Policy on Additions to Reserve/Reserve Creation

Familiarity with

  • Métis Nation of Ontario Secretariat Act, 2015 (Ontario) 
  • Safe Drinking Water for First Nations Act (Canada)
  • First Nations Land Management Act (Canada)
  • First Nations Fiscal Management Act (Canada)
  • Canadian Environmental Assessment Act, 2012 (Canada), with respect to reserve lands
  • Canada Labour Code (Canada)
  • Personal Information and Protection of Electronic Documents Act (Canada)
  • Income Tax Act (Canada) and Canada Revenue Agency interpretations including CRA bulletins on HST/GST application to Indians and CRA policy on employment income of Indians
  • Employment Standards Act, 2000 (Ontario)
  • Canadian Human Rights Act (Canada)
  • Human Rights Code (Ontario)
  • Privacy Act  (Canada)
  • Not-for-Profit Corporations Act, 2010 (Ontario)
  • Canada Not-for-Profit Corporations Act (Canada)
  • Police Services Act (Ontario)
  • Education Act (Ontario)
  • First Nations Control of First Nations Education Act, Bill C-33 (proposed, but died on Order Paper) (Canada)
  • Indigenous and Northern Affairs Canada Environment, Health & Safety Policy — Contaminated Sites Program
  • Indigenous and Northern Affairs Canada Band Advisory Services Program Policy
  • Indigenous and Northern Affairs Canada Band Support Funding Program Policy and Tribal Council Funding Program Policy

(b) Skills

  • Assist with preparation of analysis of or submissions on proposed legislation affecting Indigenous governments
  • Advise or represent a client with respect to complex situations on exercise of Indigenous government powers, including duties and obligations of government decision maker
  • Advise or represent a client with respect to complex situations regarding the decision-making powers of an Indigenous government
  • Draft or negotiate, with assistance, complex agreements with respect to commercial or other business transactions for infrastructure to be owned or managed by an Indigenous government, e.g.,  water and sewer or emergency-management agreements
  • Draft governance policies and procedures, including personnel policies, internal dispute resolution policies and conflict of interest policies
  • Advise or draft documents relating to procurement, RFPs or other tenders
  • Draft and assist in providing opinions on employment, labour or human rights, including terminations, workplace investigations and employment contracts
  • Draft, with assistance, election codes or procedures
  • Draft, with assistance, membership codes or procedures
  • Advise or represent a client with respect to simple matters of registration as Indians under the Indian Act, including appeals and protests
  • Advise or represent a client with respect to statutory or common-law obligations of an Indigenous government in the provision of programs or services
  • Draft preliminary opinion with respect to judicial review of an Indigenous government decision or exercise of power
  • Draft preliminary opinion with respect to judicial review of a provincial or federal exercise of authority or power over an Indigenous government
  • Assist at judicial review proceedings
  • Appear as counsel in simple administrative tribunal proceedings relating to Indigenous government matters
  • Prepare legal analysis and theory of the client’s case in litigation matters  
  • Draft pleadings
  • Draft affidavits for judicial review proceedings
  • Participate in discoveries or cross-examinations on affidavits
  • Participate in alternative dispute resolution or mediation
  • Interview witnesses
  • Prepare and conduct simple interim motions
  • Assist at hearings or court proceedings
  • Draft application for letters patent or articles of incorporation for not-for-profit corporations
  • Draft and amend by-laws for not-for-profit corporations
  • Analyze and advise on the interaction between Indigenous law and Canadian law
  • Represent and advise on Indigenous lands management matters, including drafting permits and leases
  • Draft by-laws, band council resolutions or other Indigenous government resolutions
  • Draft, with assistance, community trusts
  • Advise or represent an Indigenous People in simple proceedings under child and family services legislation
  • Advise on application of provincial legislation to Indigenous lands

Advanced

(a) Knowledge

Advanced knowledge of

  • First Nations Financial Transparency Act (Canada)
  • Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada)
  • Indigenous and Northern Affairs Canada Default Prevention and Management Policy
  • Indigenous and Northern Affairs Canada Land Management Manual
  • Indigenous and Northern Affairs Canada Directive 10 - 1: Policy on Additions to Reserve/Reserve Creation

Working knowledge of

  • Métis Nation of Ontario Secretariat Act, 2015 (Ontario) 
  • Safe Drinking Water for First Nations Act (Canada) 
  • First Nations Land Management Act (Canada)
  • First Nations Fiscal Management Act (Canada)
  • Canadian Environmental Assessment Act, 2012 (Canada), with respect to reserve lands
  • Canada Labour Code (Canada)
  • Personal Information and Protection of Electronic Documents Act (Canada)
  • Income Tax Act (Canada) and Canada Revenue Agency interpretations including CRA bulletins on HST/GST application to Indians and CRA policy on employment income of Indians
  • Employment Standards Act, 2000 (Ontario) 
  • Canadian Human Rights Act (Canada)
  • Human Rights Code (Ontario) 
  • Privacy Act (Canada)
  • Not-for-Profit Corporations Act, 2010 (Ontario) 
  • Canada Not-for-Profit Corporations Act (Canada)
  • Police Services Act (Ontario) 
  • Education Act (Ontario) 
  • First Nations Control of First Nations Education Act, Bill C-33 (proposed) (Canada)
  • Indigenous and Northern Affairs Canada Environment, Health & Safety Policy — Contaminated Sites Program
  • Indigenous and Northern Affairs Canada Band Advisory Services Program Policy
  • Indigenous and Northern Affairs Canada Band Support Funding Program Policy and Tribal Council Funding Program Policy
  • Constitution Act, 1982, s. 35 with respect to self-governance
  • Indigenous and Northern Affairs Canada Specific Claims Policy
  • Indigenous and Northern Affairs Canada Comprehensive Land Claims Policy
  • Indigenous and Northern Affairs Canada Inherent Rights Policy
  • Federal Non-Insured Health Benefits Program
  • Environmental Assessment Act (Ontario)
  • Species at Risk Act (Canada)  
  • Proceedings Against the Crown Act (Ontario)
  • Federal Courts Act (Canada)
  • Judicial Review Procedure Act (Ontario) 
  • Specific Claims Tribunal Act (Canada)
  • National Energy Board Act (Canada)
  • Ontario Energy Board Act, 1998 (Ontario) 
  • Forestry Act (Canada)
  • Mining Act (Ontario)
  • Boreal Forest Agreement Property Act
  • Far North Act, 2010 (Ontario)

(b) Skills

  • Represent and/or appear before courts, tribunals, and administrative bodies with respect to exercise of Indigenous government powers
  • Act as counsel on reserve land surrenders and referendums
  • Act as counsel on reserve land designations and referendums
  • Act as counsel and represent and appear in complex Indigenous government election matters
  • Act as counsel in land code development and referendums under the First Nations Land Management Act
  • Act as counsel and represent a client before adjudicators, arbitrators, courts or tribunals with respect to employment and human rights matters involving employees of Indigenous governments
  • Advise or represent a client with respect to complex situations regarding the exercise of Indigenous government powers
  • Advise or represent client with respect to complex situations regarding a community trust
  • Act as counsel in judicial review applications from commencement to conclusion
  • Initiate or defend complex proceedings regarding corporate and/or commercial transactions
  • Draft or negotiate complex agreements where an Indigenous government is a party
  • Act as counsel in complex matters regarding registration as an Indian under the Indian Act
  • Draft community trust agreements
  • Act as counsel in the additions-to-reserve process
  • Act as counsel in the setting aside of Indian Act reserve lands
  • Act as counsel in alternative dispute resolution, mediation or settlement discussions
  • Draft instruments under the Family Homes on Reserves and Matrimonial Interests or Rights Act

 

Litigation and Advocacy Developmental Stages and Learning Criteria

Essential

(a) Knowledge

1.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards Working knowledge of

  • Constitution Act, 1982, s. 35, and common law applying and interpreting s. 35
  • Collective nature of Indigenous rights
  • Treaties and modern land-claim agreements in Canada 

Familiarity with

  • Indian Act or other law relating to Indigenous Peoples
  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards Working knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

1.3 Litigation and Advocacy Focus

Working knowledge of 

  • Rules of procedure and practice directions of courts and/or tribunals
  • Law of evidence
  • Unique evidentiary issues that arise in collecting and preparing oral history, traditions, values and teachings
  • Legal research and legal research techniques
  • Statutes, regulations and common law relevant to the area in which the lawyer practises
  • Jurisprudence on commonly recurring substantive and procedural issues in litigation or advocacy matters
  • Elements of a case and the steps that are involved in resolving a dispute, whether through litigation or alternative dispute resolution, including
    • Motion
    • Discovery
    • Cross- examination
    • Case conference
    • Mediation
    • Settlement conference/pre-trial/pre-hearing
    • Trial/hearing
    • Assessment and fixing of costs
    • Leave to appeal
    • Appeal
  • Limitations Act, 2002
  • Constitutional distinction between federal and provincial jurisdiction
  • Contract language
  • Elements of offences applicable to the lawyer’s area of practice

Familiarity with

  • Non-expert industry resources available to assist client with the case
  • Appropriate proceedings and forums for resolution of client issues
  • Structured settlements
  • Implementation and enforcement of judgments and orders

Sufficient familiarity with 

  • Income tax law issues that commonly arise in litigation

(b) Skills

General

  • Identify legal and factual issues in a case
  • Develop an appropriate theory to advance or defend a claim or matter
  • Identify necessary parties, including those with diminished capacity
  • Identify rights holders and distinguish between individual and collective interests and entitlements
  • Assist in identifying recognized or asserted Indigenous or treaty rights in the context of actual or potential litigation
  • Identify appropriate procedure to resolve the client’s problem (e.g., action or application or third-party claim)
  • Marshall the necessary factual evidence to advance or defend a claim or matter, including interviewing witnesses to provide oral history and identifying and obtaining relevant documents, including archival documents, documents in the possession of a third party, and demonstrative evidence
  • Identify and assess unique evidentiary issues that arise in collecting and preparing oral history, traditions, values and teachings for disclosure (e.g., information to be imparted by Elder or community witness and customary law)
  • Identify procedures to collect and present oral history, traditions, values, teachings and customary law as evidence in a proceeding such as
    • Using Indigenous language directly or indirectly through interpreter
    • Observing cultural protocols
    • Choosing suitable venue
    • Viewing sites 
    • Admitting demonstrative evidence
  • Marshall the necessary opinion evidence of experts to advance or defend a claim or matter
  • Identify and deal with basic pre-trial or pre-hearing issues: need for subpoenas, demands for particulars and production of documents and service of medical reports
  • Determine and implement appropriate affirmation or oath
  • Determine and implement in consultation with Indigenous witness a culturally appropriate protocol to assure the tribunal that the witness will attest to the truth of the witness’s testimony
  • Assist counsel in identifying and implementing special procedures to govern testimony of community witness and oral history evidence at trial, including
    • Decorum and respect to be afforded to the witness in keeping with Indigenous sensibilities for respecting Elders or community witnesses  
    • Procedures on how objections may be raised or for challenging the admissibility and weight of community witness testimony
  • Assist counsel in identifying and addressing testimonial challenges that arise from the unique history and context of Indigenous Peoples or Indigenous individuals in Canada such as
    • Potential intergenerational trauma arising from residential schools and adopting out
    • Cultural differences
    • Language and communication
  • Assist counsel in developing alternative measures to allow for Elder testimony in matters such as
    • Video conference
    • Videotape
    • Affidavit
    • Testifying as a panel
    • Individual accompanying Elder during appearances at the hearing
    • Tribunal traveling to hear testimony at alternative site
  • Assist counsel to identify, prepare and present the necessary opinion evidence of experts to advance or defend a claim or matter such as
    • Archeologist
    • Anthropologist
    • Historical geographer
    • Historian
    • Surveyor
    • Economist
    • Land appraiser
    • Engineer
    • Oral history expert
    • Ethno-historian
    • Linguist
    • Genealogist
  • Provide opportunities for parties, counsel and tribunal member(s) in advancing or understanding Indigenous perspectives including but not limited to Indigenous ceremonies, protocols and processes by which information is imparted to others
  • Provide opportunities for Indigenous communities to learn about or understand the court process and procedures in advance of the hearing
  • Prepare and present a simple arbitration, including preparing witnesses, leading evidence on facts, cross-examining non-expert witnesses, presenting and responding to evidentiary objection issues and making closing argument
  • Draft retainers
  • Draft bills of costs

Pleadings  

  • Draft pleadings:
    • Statement of claim
    • Notice of intent to defend
    • Statement of defence
    • Statement of defence and crossclaim
    • Statement of defence and counterclaim
    • Statement of defence and counterclaim and crossclaim
    • Third party claim
    • Defence to third party claim
    • Fourth party (and subsequent) claims
    • Reply
    • Notice of application and supporting affidavits
    • Notice of appearance
    • Respondent’s materials in an application
    • Jury notices
  • Draft documents of moderate complexity:
    • Legal memoranda
    • Opinion letters
    • Reporting letters to the client
    • Questions for written examinations
    • Letter confirming instructions
    • Documents for minors’ settlements
    • Settlement closing documents, including directions on settlement and releases
  • Identify appropriate causes of action in any given case and the full range of remedies available and identify appropriate claims for relief including
    • Damages, including general, special, aggravated, exemplary and punitive
    • Specific performance
    • Declaratory relief
    • Statutory relief
    • Rescission
    • Injunctive relief, including ex parte, interim, permanent and mandatory injunctions
    • Accounting
    • Rectification
    • Appointment of a receiver

Affidavits of documents   

  • Draft affidavits of documents
  • Identify full range of defences available and appropriate defences in any given case

Mediation   

  • Draft statements of issues for mediation
  • Assist a senior lawyer in the mediation or arbitration of a dispute
  • Attend mediation in two-party settings

Interviewing   

  • Prepare clients or witnesses for trial or other examinations or meetings
  • Prepare statements or affidavits based on interviews

Fact investigation   

  • Review documentary evidence for the case and apply the results to the case
  • Follow up on examinations for discovery
  • Review transcripts and effectively use them for trial preparation

Examinations for discovery   

  • Conduct a short two-party examination for discovery
  • Conduct examinations in aid of execution

Negotiations   

  • Negotiate simple settlements
  • Draft simple agreements
  • Draft minutes of settlement

Motions   

  • Draft notices of motion, affidavits, facta and orders
  • Cross-examine on affidavits
  • Argue procedural motions on notice and without notice (e.g., motion for answers to undertakings, to amend pleadings and for security for costs)

Costs   

  • Prepare and attend on simple assessment of costs
  • Obtain order fixing costs

Preparing for trial/hearing   

  • Draft
    • Offers to settle
    • Requests to admit
    • Notices under relevant evidence acts and rules of procedure
    • Pre-trial or pre-hearing conference memoranda
    • Notice of readiness for trial
    • Trial record
    • Summons to witness
     
  • Prepare book of authorities
  • Draft facta
  • Prepare witnesses

Trials/Hearings   

  • Prepare for and conduct a Small Claims Court or Ontario Court of Justice trial
  • Prepare for and conduct a trial under the Simplified Procedure (Rule 76)
  • Assist a senior lawyer in a trial in the Superior Court of Justice
  • Assist a senior lawyer in a trial in the Federal Court
  • Assist a senior lawyer in a hearing before an administrative tribunal
  • Assist a senior lawyer in a complex arbitration
  • Draft and, if necessary, settle judgments and orders

Appeals   

  • Draft notices of appeal and facta
  • Prepare appeal books
  • Prepare for and conduct appeals from orders of masters, the Small Claims Court or the Ontario Court of Justice  
  • Draft orders

 

Intermediate

(a) Knowledge

1.1 Legal Requirements: Law and Legal Principles —  s. 17.1 of Standards

Advanced knowledge of

  • Constitution Act, 1982, s. 35, and common law applying and interpreting s. 35
  • Collective nature of Indigenous rights
  • Treaties and modern land-claim agreements in Canada 

Working knowledge of

  • Indian Act or other law relating to Indigenous Peoples
  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards

Working knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

1.3 Litigation and Advocacy Focus

Advanced knowledge of 

  • Rules of procedure and practice directions of courts and/or tribunals
  • Law of evidence
  • Unique evidentiary issues that arise in collecting and preparing oral history, traditions, values and teachings
  • Alternative dispute resolution: negotiation, mediation and arbitration
  • Statutes, regulations and common law relevant to the area in which the lawyer practises
  • Appropriate proceedings and forums for resolution of client issues
  • Structured settlements
  • Elements in a case including
    • Motion
    • Discovery
    • Cross- examination
    • Case conference
    • Mediation
    • Settlement conference/pre-trial/pre-hearing
    • Trial/hearing
    • Assessment and fixing of costs
    • Leave to appeal
    • Appeal
    • Judicial review
  • Constitutional distinctions between federal and provincial jurisdiction
  • Relevant jurisprudence on commonly recurring substantive and procedural issues in civil litigation
  • Implementation and enforcement of judgments and orders
  • Contract language

Working knowledge of

  • Various negotiating techniques, such as rights based and interest based 
  • Substantive and procedural law on judicial review and appeals from juducial review
  • Substantive and procedural law on statutory appeals
Familiarity with
  • Emerging issues relevant to litigation and advocacy
  • Appeal and judicial review mechanisms for arbitration awards
 

 (b) Skills

General   

  • Analyze legal problems of increasing complexity
  • Identify recognized or asserted Indigenous or treaty rights in the context of actual or potential litigation
  • Draft legal memoranda and opinion letters
  • Identify need for documentary and expert evidence
  • Identify and implement special procedures to govern testimony of community witness and oral history evidence at trial, including
    • Decorum and respect to be afforded to the witness in keeping with Indigenous sensibilities for respecting Elders or community witnesses
    • Procedures on how objections may be raised or for challenging the admissibility and weight of community witness testimony
  • Identify and address testimonial challenges that arise from the unique history and context of Indigenous Peoples or Indigenous individuals in Canada such as
    • Potential intergenerational trauma arising from residential schools and adopting out
    • Cultural differences
    • Language and communication
  • Develop alternative measures to allow for Elder testimony in matters such as
    • Video conference
    • Videotape
    • Affidavit
    • Testifying as a panel
    • Individual accompanying Elder during appearances at the hearing
    • Tribunal traveling to hear testimony at alternative site
  • Identify, prepare and present the necessary opinion evidence of experts to advance or defend a claim or matter such as
    • Archeologist
    • Anthropologist
    • Historical geographer
    • Historian
    • Surveyor
    • Economist
    • Land appraiser
    • Engineer
    • Oral history expert
    • Ethno-historian
    • Linguist
    • Genealogist
  • Identify and deal with more complex pre-trial or pre-hearing issues
  • Negotiate settlements of moderate complexity
  • Act as lead counsel on cases of moderate legal and factual complexity
  • Act in mediation and other alternative dispute resolution forums
  • Represent clients in multi-party cases

Motions  

  • Prepare for and conduct motions for
    • Summary judgment
    • Determination of a point of law
    • Injunction
    • Preservation order
    • Determination of an issue before trial
     

Examinations for discovery  

  • Conduct examinations for discovery involving multiple parties

Trials/hearings  

  • Draft settlement conference briefs
  • Prepare and lead expert evidence and cross-examine expert witnesses
  • Conduct trial in the Ontario Court of Justice
  • Prepare for and assist at a trial as counsel or co-counsel in the Ontario Superior Court of Justice
  • Prepare for and assist at a trial as counsel or co-counsel in the Federal Court
  • Prepare for and conduct a hearing before an administrative tribunal as lead counsel

Appeals  

  • Prepare for and conduct an appeal to the
    • Divisional Court
    • Court of Appeal for Ontario
    • Federal Court of Appeal
     

Advanced

(a) Knowledge

3.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards

Advanced knowledge of

  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to other rights held by Indigenous Peoples

1.3 Litigation and Advocacy Focus

Advanced knowledge of

  • Various negotiating techniques, such as rights based and interest based
  • Substantive and procedural law on judicial review and appeals from judicial review  
  • Substantive and procedural law on statutory appeals

Working knowledge of

  • Appeal and judicial review mechanisms for arbitration awards
  • Enforcement of judgments and orders outside of Ontario

(b) Skills

  • Act as lead counsel in all stages of administrative tribunal proceedings
  • Conduct non-jury trial as lead counsel (beyond Small Claims Court and Rule 76), including complex cases and multi-party cases
  • Conduct jury trial as lead counsel
  • Prepare for and conduct an appeal to the Supreme Court of Canada
  • Analyze complex legal problems and draft complex legal memoranda and opinion letters
  • Assist clients with strategic planning
  • Creatively design and make use of mediation/alternative dispute resolution techniques to solve client problems
  • Make creative use of various negotiating techniques, such as rights based and interest based
  • Represent clients in complex statutory appeals and judicial review applications
  • Represent clients in appeals from judicial review decisions

Corporate and Commercial Developmental Stages and Learning Criteria

Essential

(a) Knowledge

Core Requirements

1.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards

Working knowledge of

  • Constitution Act, 1982, s. 35, and common law applying and interpreting s. 35
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Collective nature of Indigenous rights
  • Treaties and modern land-claim agreements in Canada
  • Duty to consult in the context of engagement agreements

Familiarity with

  • Indigenous law or other law relating to Indigenous Peoples
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • Indian Act or other law relating to Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to Aboriginal Law and other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards

Working knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

Corporate and Commercial Focus

Working knowledge of the basic corporate and commercial legislation including

  • Business Names Act (Ontario)
  • Corporations Information Act (Ontario)
  • Business Corporations Act and regulations (Ontario)
  • Canada Business Corporations Act and regulations (Canada)
  • Personal Property Security Act and regulations 
  • Securities Act and regulations (Ontario)
  • Partnerships Act (Ontario)
  • Limited Partnerships Act (Ontario)
  • Bulk Sales Act (Ontario)
  • Personal Information Protection and Electronic Documents Act (Canada)
  • Indigenous and Northern Affairs Canada Land Management Manual
  • Ontario Financing Authority Aboriginal Loan Guarantee Program
  • Bankruptcy and Insolvency Act (Canada) 
  • Business Records Protection Act (Ontario) 
  • Business Regulation Reform Act, 1994 (Ontario) 
  • Canada Not-for-Profit Corporations Act (Canada) 
  • Companies’ Creditors Arrangement Act (Canada) 
  • Construction Lien Act (Ontario) 
  • Extra-Provincial Corporations Act (Ontario) 
  • Execution Act (Ontario) 
  • Electricity Act, 1998 (Ontario) 
  • Green Energy Act, 2009 (Ontario) 
  • Mining Act (Ontario) 
  • Not-for-Profit Corporations Act, 2010 (Ontario) 
  • Ontario Energy Board Act, 1998 and related rules and regulations (Ontario) 
  • Securities Transfer Act, 2006 (Ontario) 
  • Trustee Act (Ontario)

Familiarity with, and an understanding of, the interaction with Core Requirements or the implications of Core Requirements for each of the following

  • Alternative business structures including sole proprietor, partnership, limited partnership, for-profit corporation and not-for-profit corporation
  • Capital structures for a corporation including rights and restrictions associated with common, preference or special shares
  • Shareholders’ rights of dissent in corporate statutes
  • Advantages of different jurisdictions of incorporation
  • Merger and acquisition strategies (share vs. assets, take-over bids and amalgamations)
  • Basic tax implications for different business entities
  • Directors’ and officers’ liability
  • Debtor/creditor rights
  • Bankruptcy and insolvency proceedings including the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act
  • Competition Act and Investment Canada Act
  • Relationship between the Bank Act and the Personal Property Security Act
  • Residential Tenancies Act, 2006, Commercial Tenancies Act, Registry Act and Land Titles Act
  • Intellectual property rights (copyright, trademarks and patents)
  • Employment rights including severance and notice requirements under the Employment Standards Act, 2000 and the Canada Labour Code
  • Environmental protection legislation
  • Routine filing requirements for business entities
  • Due diligence process in transactions
  • Thorough understanding of boilerplate provisions contained in business contracts including common-law implications
  • Legal opinions including implications of assumptions, exclusions and due diligence required to support opinion
  • Legal regulatory or policy provisions relating to reserves, including use, occupancy and access to  reserve land

(b) Skills

  • Draft documents or agreements for consideration by lead counsel including any one or combination of the following:
    • Resolutions, by-laws or governance policies for band councils or other Indigenous community leadership
    • Participation, capacity-funding or engagement agreements
    • Impact-benefit licences
    • Community trusts
    • Political or self-government agreements
  • Assist counsel in reviewing experts reports including one or any combination of the following
    • Environmental reports
    • Financial reports relating to compensation payments
    • Anthropologist or archeological reports
    • Reports from Elders on the impact of the commercial undertaking
  • Draft articles of incorporation
  • Complete original organization of company including by-laws and resolutions and Form 1 filing
  • Draft shareholder agreement
  • Draft partnership agreement
  • Review and summarize Personal Property Security Act search results
  • Draft Personal Property Security Act registration statement
  • Carry out due diligence pursuant to a merger, acquisition or financing including completing a due-diligence checklist, preparing requisitions, asking follow-up questions and arranging for required corporate searches
  • Prepare closing agenda for a transaction
  • Assist in preparing notice of shareholder meeting and related resolutions and chairman’s agenda
  • Assist in drafting annual information form
  • Draft non-disclosure agreement
  • Draft non-competition agreement
  • Draft employment agreement
  • Draft articles of dissolution and related documents including obtaining consent from ministry, general conveyance of assets, etc.
  • Review various business contracts and comment upon them
  • Assist in negotiation of a merger or acquisition
  • Assist in negotiation of a loan transaction
  • Draft or negotiate basic commitment letter for loan transaction
  • Draft loan agreement and related security agreement and attend to Personal Property Security Act registration
  • Draft or negotiate basic share purchase agreement and asset purchase agreement
  • Draft or negotiate distribution or licence agreement
  • Draft or negotiate offer to lease and lease
  • Prepare draft minutes of meetings of directors, shareholders or committees of the board of directors
  • Draft term sheet or engagement letter for issuance of securities
  • Assist in drafting agency or underwriting agreement in respect of financings
  • Assist in drafting offering memorandum or prospectus
  • Assist in drafting offering circular for a take-over bid or issuer bid and insider bid
  • Prepare and file material change report
  • Advise on insider reporting requirements
  • Prepare and file insider report
  • Advise on continuous disclosure requirements
  • Assist in drafting legal opinion

Intermediate

(a) Knowledge

Core Requirements

1.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards

Advanced knowledge of

  • Constitution Act, 1982, s. 35, and common law applying and interpreting s. 35
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Collective nature of Indigenous rights
  • Duty to consult in the context of engagement agreements

Working knowledge of

  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • Indian Act or other law relating to Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to Aboriginal Law and other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards

Advanced knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

Corporate and Commercial Focus

Advanced knowledge of

  • Business Corporations Act and regulations (Ontario)
  • Canada Business Corporations Act and regulations (Canada)
  • Personal Property Security Act and regulations
  • Securities Act and regulations (Ontario)
  • Limited Partnerships Act (Ontario)
  • Indigenous and Northern Affairs Canada Land Management Manual
  • Ontario Financing Authority Aboriginal Loan Guarantee Program 
  • Bankruptcy and Insolvency Act (Canada) 
  • Business Records Protection Act  (Ontario) 
  • Business Regulation Reform Act, 1994 (Ontario)
  • Canada Not-for-Profit Corporations Act (Canada) 
  • Companies’ Creditors Arrangement Act (Canada) 
  • Construction Lien Act (Ontario) 
  • Extra-Provincial Corporations Act  (Ontario)
  • Execution Act  (Ontario)
  • Electricity Act, 1998 (Ontario)
  • Green Energy Act, 2009  (Ontario)
  • Mining Act  (Ontario)
  • Not-for-Profit Corporations Act, 2010  (Ontario)
  • Ontario Energy Board Act, 1998 and related rules and regulations  (Ontario)
  • Securities Transfer Act, 2006  (Ontario) 
  • Trustee Act  (Ontario)
  • Bank Act (Federal) 
  • Arbitrations Act, 1991  (Ontario)
  • Powers of Attorney Act  (Ontario)
  • Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Federal)
  • Electronic Commerce Act, 2000  (Ontario)
  • conflict of laws and governing law issues

Working knowledge of 

  • General legal, regulatory or policy provisions relating to reserve land

Familiarity with

  • First Nations Commercial and Industrial Development Act (Canada) 
  • First Nations Fiscal Management Act (Canada) 
  • First Nations Financial Transparency Act (Canada) 
  • First Nations Oil and Gas and Moneys Management Act (Canada) 
  • First Nations Land Management Act (Canada) 
  • Indian Oil and Gas Act (Canada) 
  • Insurance Act  (Ontario)

Working knowledge of each of the following, including an understanding of the interaction with Core Requirements or the implications of Core Requirements for each:

  • Contractual precedents for a wide range of business agreements
  • Capital structures including various rights and privileges attaching to different classes or series of shares
  • Relevant Income Tax Act provisions and requirements (including tax rollovers, tax certificates, Canadian residency requirements, Canadian-controlled private corporation requirements, withholding tax and Part VI.1 tax on dividends) and implications relating to dividends vs. interest payments and parent/subsidiary relationships
  • Bank financing and other secured lending options such as vendor financing
  • Structuring security for secured loans
  • Private placements including debt and equity financing, warrants, options, subscription agreements and agency agreements
  • Initial-public-offering process from due diligence to obtaining final receipt from Ontario Securities Commission
  • Guarantees and indemnities
  • Take-over bid process from prospective of bidder and target
  • Reorganizations including Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act implications and other debtor/creditor rights
  • Corporate governance obligations including statutory and common-law fiduciary obligations of directors’ and officers’, requirements for board committees and implications of Sarbanes-Oxley Act and Canadian equivalent
  • Financial-assistance provisions under corporate statutes
  • Employee and executive option plans, pension plans or other company incentive plans
  • Termination and severance pursuant to Employment Standards Act, 2000 and Canada Labour Code including group terminations and other downsizing strategies
  • Dispute-resolution alternatives (mediation, arbitration and litigation)
  • Case law regarding contracts, corporations, mergers and acquisitions, financing and directors’ and officers’ obligations
  • Continuous disclosure requirements and timely disclosure obligations

(b) Skills

  • Complete asset and share purchase with little or no supervision
  • Organize, supervise and direct due diligence in transaction
  • Draft at an advanced level and negotiate relevant provisions in a wide variety of business agreements based on client instructions
  • Advise client on implications of provisions in shareholder agreement including put/call, shotgun, insurance, family law and default provisions
  • Advise client with respect to reorganizations plans
  • Advise client on requirements of Competition Act and Investment Canada Act
  • Prepare timetable for annual or special meeting of shareholders and draft form of proxy, notice of meeting, management information circular, annual information form, management discussion and analysis, etc., and issue requisite notices and filings
  • Advise directors and officers of liability issues and corporate governance requirements and insurance options
  • Advise shareholders or company on shareholders’ rights and remedies
  • Advise client on initial-public-offering process, draft prospectus, negotiate with Ontario Securities Commission to address issues raised and obtain final receipt
  • Draft offering memorandum
  • Advise client on available securities exemptions for raising capital
  • Advise lender or borrower in secured loan transaction, draft or negotiate loan agreement and security agreement and carry out or respond to required searches and filings
  • Draft guarantee or indemnity agreement
  • Assist in hearings before Ontario Securities Commission, Investment Industry Regulatory Organization of Canada, Alcohol and Gaming Commission of Ontario or other regulatory body
  • Prepare stock-option plan for non-issuer corporation or reporting issuer and obtain necessary regulatory approvals
  • Draft broker warrant/compensation option, broker/agency agreement or subscription agreement
  • Draft escrow agreement
  • Draft trust indenture or lock-up or support agreement
  • Prepare shareholders’ rights plan
  • Advise client on related-party transactions
  • Draft software distribution and maintenance agreement and related escrow agreement
  • Draft legal opinion
  • Draft executive employment agreement

Advanced

(a) Knowledge

Core Requirements

1.1 Legal Requirements: Law and Legal Principles — s. 17.1 of Standards

Advanced knowledge of

  • Constitution Act, 1982, s. 35 and common law applying and interpreting s. 35
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Collective nature of Indigenous rights
  • Duty to consult in the context of engagement agreements
  • Indigenous law
  • Indigenous world view(s)
  • Cultural, economic, political, social and historical context of Indigenous Peoples
  • Indian Act or other law relating to Indigenous Peoples
  • United Nations Declaration on the Rights of Indigenous Peoples
  • Self-governance and other policies developed by Indigenous Peoples
  • Treaties and modern land-claim agreements in Canada 
  • United Nations and Organization of American States Human Rights instruments relating to Aboriginal Law and other rights held by Indigenous Peoples

1.2 Service Requirements: Indigenous Protocols and Appropriate Communication — s. 17.1 of Standards

Advanced knowledge of

  • Indigenous protocol(s) to be followed when attending meetings with Indigenous individuals
  • Potential communication barriers that may compromise understanding of information or concepts expressed through Indigenous culture, including language, behaviour, stories, symbols, songs, dance and artifacts

Corporate and Commercial Focus

Advanced knowledge of

  • Limited Partnerships Act (Ontario)
  • Partnerships Act (Ontario)
  • Business Names Act (Ontario)
  • Corporations Information Act (Ontario)
  • General legal, regulatory or policy provisions relating to reserve land            

Working knowledge of

  • First Nations Commercial and Industrial Development Act (Canada) 
  • First Nations Fiscal Management Act (Canada) 
  • First Nations Financial Transparency Act (Canada) 
  • First Nations Oil and Gas and Moneys Management Act (Canada)  
  • First Nations Land Management Act (Canada) 
  • Indian Oil and Gas Act (Canada) 
  • Insurance Act (Ontario) 
  • Local government issues in other jurisdictions as it relates to the lawyer's practice.

Advanced knowledge of the following, including advanced understanding of the interaction with Core Requirements or the implications of Core Requirements for each:

  • Contractual precedents for business-related agreements including strategies for successfully negotiating representations and warranties in complex transaction
  • Board of director requirements including committees, composition, advisors and obligations particularly as they relate to various stakeholders such as shareholders, creditors and employees
  • Directors’ and officers’ liability under legislation, including Income Tax Act, Excise Tax Act, Retail Sales Tax Act, Ontario Business Corporations Act, Canada Business Corporations ActEmployment Standards Act, 2000, Canada Labour Code, and provincial and federal environmental protection legislation, and under common law such as wrongful trading, fiduciary duties to creditors and related company transactions
  • Directors’ and officers’ insurance provisions and alternatives
  • Financing options and strategies
  • Bank Act and loan and trust legislation
  • Case law regarding contracts, corporations and commercial and securities matters including business-judgment rule, oppression remedy, sale of significant blocks of shares, board’s role in mergers, acquisitions or take-over bids and corporate disclosure
  • Bankruptcy and insolvency legislation and reorganizations, including Companies Creditors Arrangement Act options and proceedings
  • Continuous disclosure requirements and timely disclosure obligations
  • Securities requirements for other Canadian provinces and exchanges and non-Canadian jurisdictions relating to cross-border financings
  • Requirements for other Canadian provinces and non-Canadian jurisdictions relating to cross-border secured lending transactions
  • Investment Industry Regulatory Organization of Canada, Ontario Securities Commission and Toronto Stock Exchange rules and regulations
  • Mergers and acquisitions options and strategies
  • Working knowledge of investigative provisions relating to the Ontario Securities Commission, Market Regulatory Authority, Ontario Business Corporations Act, Canada Business Corporations Act and other related legislation

(b) Skills

  • Advise clients on impact to constitutional rights and the duty to consult and accommodate in the context of engagement agreements
  • Draft relevant provisions in complex business agreements
  • Draft participation, capacity-funding, engagement, impact-benefit and licence agreements
  • Advise on mergers and acquisitions strategies
  • Retain and review reports generated by anthropologists, archaeologists or other consultants
  • Retain and review reports generated by Elders in order to determine impact of potential undertakings
  • Make submissions to proponents or government concerning impact of a proposed project
  • Lead complex transaction including obtain all required non-corporate legal advice
  • Advise company on financing options and strategies
  • Retain environmental, cultural and financial experts to determine scale of impact of proposed project
  • Advise underwriter or agent on alternatives for raising capital through private placement, equity or debt financing or initial public offering and successfully complete transaction
  • Advise board of directors, various committees of the board or special committee in respect of major transaction, including fiduciary obligations of board members
  • Advise client on continuous disclosure requirements (e.g.,  contents of press releases, Ontario Securities Commission and Toronto Stock Exchange)
  • Advise purchaser or seller in cross-border merger or acquisition
  • Advise shareholder in sale of shares for a controlled block
  • Draft, review and finalize opinions in complex transactions
  • Advise clients on corporate governance issues
  • Provide strategic advice to clients on transactions and financing