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Partner

OfficeVancouver

t: 604 691 6108
f: 604 691 6120
e: send email

Suite 2200, HSBC Building
885 West Georgia Street
Vancouver, BC  V6C 3E8
Canada

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Expertise

Year of Call

Yukon, 2010
Alberta, 2006
Nunavut, 2003
Northwest Territories, 2003
British Columbia, 2001

Education

LL.M., University of Saskatchewan, 1993

LL.B., University of New Brunswick, 1990

M.A., Dalhousie University, 1989

B.A., St. Thomas University, 1987

Thomas Isaac

“His reputation speaks for itself.”
-
Client Testimonial, Chambers Global

Tom is a nationally recognized authority in the area of Aboriginal law, advising business and government clients across Canada on Aboriginal legal matters and related environmental assessments, negotiations and regulatory and constitutional issues.

Tom has extensive national experience advising energy, oil, gas, pipeline, mining and forestry companies, lenders and investors, and federal, provincial, territorial and municipal governments and agencies on Aboriginal and project-related regulatory and environmental matters. He regularly negotiates on behalf of industry and governments in respect of impact, benefit and access agreements with Aboriginal groups, and he advises on Aboriginal consultation and accommodation processes and agreements. Tom has also acted as a mediator involving complex multi-jurisdictional Aboriginal-related disputes.

Tom's litigation practice is national in scope and focuses on representing clients in Aboriginal related matters before the Supreme Court of Canada, Federal Court of Canada, Ontario Court of Appeal, Ontario Divisional Court, British Columbia Court of Appeal, British Columbia Supreme Court, Northwest Territories Supreme Court, Yukon Supreme Court, National Energy Board, Ontario Energy Board and British Columbia Environmental Appeal Board. His published works on Aboriginal law have been cited with approval by Canadian courts, including the Supreme Court of Canada and the Federal Court of Appeal.

He is a former Chief Treaty Negotiator for the Government of British Columbia and former Assistant Deputy Minister responsible for establishing Nunavut for the Government of the Northwest Territories. He also served in a senior capacity with the Government of Saskatchewan dealing with Aboriginal issues.

Tom has served as the Minister’s Special Representative to the Minister of Indigenous and Northern Affairs regarding a Section 35 Métis Rights and Reconciliation Framework and a reconciliation approach for the Supreme Court of Canada’s decision in Manitoba Métis Federation v. Canada. His Report – A Matter of National and Constitutional Import: Métis Section 35 Rights and the Manitoba Metis Federation Decision – was released by Canada in July 2016. Tom also recently served as the Minister's Special Representative to the Minister of Indigenous and Northern Affairs and the Premier of the Northwest Territories regarding the Akaitcho Dene and NWT Métis Nation negotiations in the Northwest Territories. His Report – A Path to Reconciliation – was released by both governments in March 2017. Tom is presently serving as the Minister's Special Representative for the Minister of Indigenous and Northern Affairs to conduct exploratory discussions on the Gottfriedson class action lawsuit against the Government of Canada relating to residential school day students.

Tom regularly speaks at industry and public forums across Canada on the topic of Aboriginal and constitutional law. He has published numerous articles and is the author of 14 books and monographs, including Aboriginal Law, 5th edition, published in 2016. His books have been used in law schools and universities in Canada and the United States. He has also been a contributing editor to the Canadian Native Law Reporter since 1992 and has taught Aboriginal, constitutional and business law at a number of Canadian universities.

Representative Work

  • Representing energy, mining and other industry clients in Aboriginal-related litigation before courts and tribunals across Canada
  • Negotiating on behalf of industry and government in negotiations with Aboriginal groups regarding impact and benefit, economic development, access, replacement tenures and other agreements
  • Advising industry and governments on federal, provincial and territorial environmental assessments, and the processes of the National Energy Board, Ontario Energy Board and other regulatory processes involving Aboriginal issues
  • Extensive experience working on major energy, mining, transportation, infrastructure and other projects, including negotiating agreements with Aboriginal groups and representing proponents in dealing with governments
  • Advising financial institutions and investors on security, mortgage, tax and loan agreement issues involving Indian reserve and other First Nations lands
  • Negotiating and advising on the federal Indian Act, First Nations Land Management Act and easements, rights of way and surrender/designation issues on Indian reserve lands in British Columbia, Alberta, Saskatchewan and Ontario
  • Negotiating and advising on the First Nations Commercial Industrial Development Act and regulations
  • Negotiating, and advising in respect of, treaties and comprehensive land claims agreements across Canada

Client Commentary

  • “The well respected Thomas Isaac is unequivocally deemed as a 'leader on this front'.” – Chambers Canada (Aboriginal)
  • "He is very personable, easy to approach and he listens well - he is very responsive to what your needs and concerns are." – Chambers Canada (Aboriginal)

 

ACHIEVEMENTS ACHIEVEMENTS
  • Best Lawyers in Canada (Aboriginal Law)
  • Best Lawyers in Canada: Calgary’s Aboriginal Law “Lawyer of the Year” (2015 and 2017)
  • Benchmark Canada (Aboriginal Law; Energy & Natural Resources; Environmental)
  • Canadian Legal Lexpert Directory (Aboriginal Law)
  • Chambers Global: The World’s Leading Lawyers for Business (Aboriginal Law, Band 1)
  • Chambers Canada: Canada's Leading Lawyers for Business (Aboriginal Law, Band 1)
  • Lexpert Special Edition: Leading Canadian Lawyers in Global Mining
ASSOCIATIONS ASSOCIATIONS
  • Law Society of Alberta
  • Law Society of British Columbia
  • Law Society of Northwest Territories
  • Law Society of Nunavut
  • Law Society of Yukon
Publications, Newsletters and Articles Publications, Newsletters and Articles
Conferences, Speaking Engagements, Events Conferences, Speaking Engagements, Events