First Nations & Administrative Law



Over the last decade, Patrick has developed a significant interest in the defence and assertion of the rights of First Nations. During this time Patrick has enabled First Nations communities to navigate internal disputes over the rights and entitlements of members both on and off reserve, and to fight back attempts by municipal, provincial and federal governments to appropriate, impinge upon and impair their territories.

Patrick’s understanding of the competing interests faced by First Nations leaders and band councils, as well as his sensitivity to their political, social and financial constraints, has contributed significantly to his efficacy as a representative of their concerns. Moreover, his experience in administrative law and commercial litigation against large organizations affords him the wealth of strategic tools necessary to engage public bodies intent on taking action without considering First Nations’ interests.

Patrick has developed long lasting professional relationships as well as friendships with many of his First Nations clients.


Recent First Nations and administrative law matters in which Patrick has acted include:


  • The successful opposition of an application by the wholly-owned subsidiary of an American waste disposal firm to build a land fill on a site near First Nations’ territory, the environmental impact of which would have been widespread. On behalf of the band, Patrick persuaded provincial and federal environmental authorities of the proposal’s imprudence. A leading case on deference due to decisions of a band council.

  • An ongoing litigation against the federal government for compensation for band territory polluted during the government’s use and occupation of those lands during World War II.

  • The ongoing defence by a Band Council of a claim against it brought by one its members alleging, among other things, that the Band Council acted unreasonably and in bad faith in the granting of a government contract to a band member.



    • SUMMARY OF A FIRST NATIONS CASE HANDLED BY PATRICK

    News v. Wahta Mohawks, [2000] FCJ No 637

    Several members of the Wahta Mohawks brought an application seeking a declaration that sixty off-reserve individuals were not entitled to citizenship as Wahta Mohawks, contrary to a decision of the Registrar of the Wahta Mohawks. Patrick represented the Wahta Mohawks Band Council, which had refused an appeal of the Registrar’s decision. The court was persuaded that the Band Council had acted both impartially and reasonably when it refused to allow the appeal aimed at disenfranchising some of the Wahta Mohawks’ own members. The Court held that it should defer to the Band Council's decision.