Law, Legislation & Policy

The rule of law is the foundation of good governance and civil society around the world.

 

The law, legislation and policy of an indigenous or non-indigenous government, whether written or oral, provides the framework for application of the rule of law. It is the way in which citizens define their government and its conduct and hold that government accountable.

Rob works with clients to establish and update critical law, legislation and policy.

Examples of Clients

Freedom of Information and Protection of Privacy Act

We all live within a framework of law that forms the basis on which our communities thrive and prosper in a manner that respects individual and collective rights. Fundamental to citizen rights is open, transparent and accountable government; FOIPPA is fundamental part of creating that framework.

Rob led the team that put together BC’s Freedom of Information and Protection of Privacy legislation.

Projects

Where Rob Came In

  • Assembled a multi-disciplinary team to work inside and outside of government to create this complex, cross-government piece of legislation
  • Presented to Special Committee to review FOIPPA (November 9, 2015, read presentation here)
  • Oversaw the creation and implementation by a newly-created branch of government

History of FIPA Podcast

Documents

Freedom of Information and Protection of Privacy Act

Huu-ay-aht First Nations

For First Nations that are seeking to reassert their right to self-government, rights, title and interests – Rob worked with Huu-ay-aht to establish a full suite of laws to guide their actions and define their interface with other levels of government in Canada, and what it means to be Huu-ay-aht.

Projects

Where Rob Came In

  • Responsible for leading the team lawyers that developed all of the law, legislation and policy for new Huu-ay-aht Treaty Government (500+ pages) that were passed on effective date
  • Negotiated the key provisions of the Maa-nulth Treaty on behalf of Huu-ay-aht
  • Huu-ay-aht turning the page on the colonial Indian Act

Nations of the
Maa-nulth Treaty
Celebrate the
Maa-nulth Treaty
Taking Effect

Post-treaty, when faced with the choices of how to manage their reclaimed traditional lands, Huu-ay-aht chose to develop a web-based land registry system. This is the story about managing those lands.

Media Coverage

B.C. first nations celebrate self-government

Globe and Mail

April 1, 2011 – Fireworks lit up the night sky one minute after midnight Friday, as members of five Vancouver Island first nations marked a historic milestone with the implementation of a modern-day treaty.

BC, Canada And MAA-Nulth First Nations Reach Final Agreement

Lexpert – Business of Law

On April 1, 2011, a treaty was implemented between Canada, the Province of British Columbia and the five Maa-nulth First Nations. This is the first modern treaty to be concluded on Vancouver Island, home to more than 50 First Nations. It is also the first multi-nation treaty concluded under the BC Treaty Commission process. Implementation of the treaty concludes more than 15 years of negotiations and is a significant achievement in the BC treaty process.

Maa-nulth First Nations Treaty becomes a reality

BC Government

At 12.01 am on April 1, 2011 fireworks lit up the skies above the west coast of Vancouver Island and drumming and singing resonated in the night air as the leaders of the five Maa-nulth First Nations signed the laws that will lay the foundations for their future as self-governing nations.  In that auspicious moment, the communities began their celebrations as the Maa-nulth Final Agreement came into effect.

Legislation

Acts & Regulations

Budget Act, 2019 (HFNA 2/2019)

Budget Act, 2018 (HFNA 1/2018)

Budget Act, 2017(HFNA 2/2017)

Budget Act, 2016 (HFNA 1/2016)

Budget Act, 2015 – Official Consolidation (HFNA 2/2015, as amended by HFNA 1/2016)

Budget Act, 2014 – Official Consolidation (HFNA 1/2014, as amended by HFNA 4/2014, HFNR 3/2014 and HFNA 2/2015)

Budget Act, 2013 – Official Consolidation (HFNA 1/2013, as amended by HFNA 1/2014)

Budget Act, 2012 – Official Consolidation (HFNA 1/2012, as amended by HFNA 1/2014)

Budget Act, 2011 – Official Consolidation (HFNA 8/2011, as amended by HFNA 1/2012)

Citizenship and Treaty Enrolment Act – Official Consolidation (HFNA 2/2011)

Code of Conduct and Conflict of Interest Act – Official Consolidation (HFNA 4/2011, as amended by HFNR 1/2015)

Community Planning and Development Act – Official Consolidation (HFNA 10/2011)

Constitution Act – Official Consolidation (HFNA 1/2011)

Economic Development Act – Official Consolidation (HFNA 2/2013, as amended by HFNR 1/2015 and HFNA 4/2019)

Effective Date Procedures Act – Official Consolidation (HFNA 15/2011)

Election Act – Official Consolidation (HFNA 6/2011)

Financial Administration Act – Official Consolidation (HFNA 7/2011, as amended by HFNA 2/2013, HFNA 3/2013, HFNA 2/2014, HFNA 1/2015, HFNA 1/2017, and HFNA 1/2019)

Freedom of Information and Protection of Privacy Act – Official Consolidation (HFNA 2/2012, as amended by HFNA 1/2015 and HFNA 4/2015 )

Government Act – Official Consolidation (HFNA 3/2011 as amended by HFNA 3/2013, HFNA 3/2014 and HFNA 2/2016)

Interpretation Act – Official Consolidation (HFNA 14/2011 as amended by HFNA 2/2013)

Land Act – Official Consolidation (HFNA 9/2011, as amended by HFNR 1/2015)

Offence and Law Enforcement Act – Official Consolidation (HFNA 12/2011, as amended by HFNA 3/2013 and HFNA 1/2015)

Real Property Tax Act (HFNA 12/2011)

Referendum and Recall Act – Official Consolidation (HFNA 5/2011)

Resource Harvesting Act – Official Consolidation (HFNA 11/2011)

Tribunal Act – Official Consolidation (HFNA 13/2011, as amended by HFNA 2/2018)

Policies and Rules