Indigenous Real Estate 2026

Course Chairs
Darren Haines — Aird & Berlis LLP, 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 practices include 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. 

Her respect and engagement with the Indigenous community and her desire to support Indigenous economic development is underscored by her 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
Neegann Aaswaakshin — Director of Reconciliation and In-house Legal Counsel, Lax Kw'alaams First Nation, Lax Kw'alaams
Andrew Beynon — Director, Land Code Governance, First Nations Land Management Resource Centre, Ontario
Sherryl Dubo — Dentons Canada LLP, Vancouver
Andrea M. East — Pushor Mitchell LLP, Kelowna
Blair Feltmate — JFK Law LLP, Vancouver
Cathy McLeod — Deputy Registrar, First Nation Land Governance Registry, Ontario
Kate Oja — Ratcliff LLP, North Vancouver
Natalia Sudeyko — Ratcliff LLP, North Vancouver
Saravan Veylan — MLT Aikins LLP, Vancouver

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

• lease structures
• agreements to lease
• leasing processes and registration
• sublease structures

• what Additions to Reserve (ATRs) are and why they matter to First Nations
• practical benefits of ATRs for Nations, including economic development and urban reserves
• why ATRs are increasingly common in urban and serviced land contexts
• high level overview of the ATR process and key players
• common legal and execution issues practitioners encounter (third party interests, environmental, municipal interface)
• brief update on ATR policy reform and interim changes
• practical guidance on how lawyers can assist Nations, partners, and lenders on ATR related files 

Introduction

• • the relatively recent history of inadequate legal protection of matrimonial real property rights
  • emergence of legal protections and First Nation laws
  • still some distance to go for adequate legal protection?

First Nation Law Making Authority

• • inherent rights, self-government agreements, and federal law
  • implementation of matrimonial real property laws

The Future

• • First Nation real estate and economic development
  • expansion of First Nation lands and governance relevant to matrimonial real property

• overview of the development of the FNLGR
• how to differentiate between the land registry systems currently available to First Nations
• demo of parcel search for legal professionals

• drafting tips for solicitors for secured transactions where security is on reserve

• restrictions on seizure under the Indian Act and the exception found in s. 89(1.1)
• importance of determining the relevant land governance system when enforcing
• searches in the Indian Lands Registry System and the root of title system
• transferring property after Sale Approval Order or Order Absolute

• the recognition of Aboriginal title by Canadian courts
• the source of Aboriginal title—where does it come from?
• the content of Aboriginal title—what is it?
• proving Aboriginal title—how is it proven?
• the relationship between Aboriginal title and fee simple
• key takeaways—where is the law now and where is it going?