Indigenous Real Estate 2024

Course Chairs
Darren Haines — Ratcliff LLP, North Vancouver
Jennifer M. Williams — MLT Aikins LLP, Vancouver

About the Course Chairs

Darren Haines advises First Nation governments, businesses, individuals and institutions on issues ranging from negotiation and implementation of agreements with the Crown to governance matters, real estate development, commercial transactions, and estate administration.

Drawing on his expertise in corporate public affairs, social finance, and business management, Darren works alongside Indigenous economic development entities and Indigenous businesses to strategically navigate legal complexities, foster sustainable growth, and achieve economic self-sufficiency.

In Darren's real estate practice, he advises owners, developers, and Indigenous governments that are involved in developments on and off reserve, including treaty lands. His portfolio encompasses residential, mixed-use, and commercial/industrial projects, addressing diverse transaction types and partnership arrangements.

Notably, Darren played a key role in the development and negotiation of the Blueberry River First Nations Implementation Agreement with the Province, upholding treaty rights and addressing the impact of industrial development on BRFN territory.

In the community, Darren serves on the board of Kílala Lelum Health and Wellness Cooperative, a health centre that provides Elder-led, interdisciplinary care to support all aspects of health and wellbeing for residents of the downtown eastside.

Darren is Metis with family belonging to the Paddle Prairie Metis Settlement in Treaty 8 territory. Outside of law, he enjoys cycling, exploring the backcountry, and spending time with his partner and young daughter.

Jennifer Williams has practiced commercial real estate and development law for over 20 years, at both national and regional firms. She served as in-house counsel for a prominent real estate developer whose head office and key assets are situated on Capilano Reserve No. 5 of the Sḵwx̱wú7mesh Úxwumixw, on which lands her family resides.

Jennifer advises clients on complex commercial real estate transactions including commercial leasing, acquisitions and sales, development, construction agreements, financing, and the real estate aspects of distressed and insolvent properties including those in CCAA.

Her Indigenous law practice includes transactions and partnerships with a wide range of Indigenous nations and peoples through various real estate and resource related projects (mixed use, commercial, industrial, and food sustainability) that support and advance Indigenous economic development and sovereignty.

A former chair of the Real Estate Subsection of the CBA, Jennifer serves on the Land Title and Survey Authority Stakeholder Advisory Committee and the Real Estate Committee on behalf of the CBA, and BC Financial Services Authority (BCFSA) Technical Working Group. 

Passionate about community involvement, and giving back to her profession, Jennifer is active in the legal community and continuously volunteers her time to charitable and pro bono services including Access Pro Bono and serving as chair and member of firm committees dedicated to Equity, Diversity and Inclusion. 

Jennifer's respect and engagement with the Indigenous community arises from the desire to support Indigenous economic development and support of her Indigenous (Dene) husband and two children who are members of the Athabasca Chipewyan First Nation (K'ai Tailé Denesųłiné ) which nation is party to Treaty 8.

In her spare time, Jennifer is an avid cactus collector and spends way too much time at ice rinks as a hockey and ringette parent.

Faculty
Aaron S. Bruce — Aaron Bruce Law Corporation, North Vancouver
Derek Dougherty, CPA, CGA — MNP, Prince George
Andrea M. East — Pushor Mitchell LLP, Kelowna
Craig Empson — Ratcliff LLP, North Vancouver
Saul B. Joseph — Clark Wilson LLP, Vancouver
Jared Knott — Clark Wilson LLP, Vancouver
Saravan Veylan — MLT Aikins LLP, Vancouver
Julie Ziebart, CPA, CA — MNP, Fort St. John

Click here for full faculty bios

• cultural humility
• who is your client
• understanding capacity of lands departments

• what can and cannot be registered
• different types of land regimes
• Land Code, Treaty, Self-Governing Agreements, etc.
• LTSA—land registry and First Nations 
• Indigenous-Owned Land Registry

• priorities in a non-Torrens system
• how to read a parcel abstract from ILRS
• best practices

• un-administered estates
• CP holders and challenges around that
• Land Codes re: losing CP if no longer member of reserve
• fractional interests
• what happens on death when beneficiaries are many
• lending issues

• Land Title Act amendments
• role of limited partnerships
• public/private structures
• lease/sublease structures

• transactional impacts
• implications for First Nations
• transactional tax questions

• counsel for the lender
• getting amendments to a lease
• enforcement mechanisms—foreclosures 
• particular challenges of foreclosing on reserve
• drafting considerations in head lease
• non-disturbance agreements
• documentation

• registration process
• administering transactions under Land Code
• common features and provisions to look for in Land Codes when dealing with third party interests
• how registrations work in the FNLRS system
• roles and responsibilities (lands manager vs. registrar vs. lands advisory committee vs. ISC/FNLRS support)
• 'best practices' for lawyers who are drafting documents and submitting applications to register interests in FN registries under Land Code

• archaeology notices on titles