Keith advises private sector, public sector and government clients on aboriginal law and regulatory matters. He has appeared as counsel before numerous regulatory tribunals and all levels of Superior and Appellate Courts (both Federal and Provincial), including the Supreme Court of Canada. He has acted for clients in a number of natural resource industries including hydro-electric generation and transmission, oil and gas, mining, aquaculture and independent power projects. His practice extends throughout Western Canada and the North (Northwest Territories, Nunavut and Yukon).
Within the area of aboriginal law, Keith advises governments, Crown Corporations and private sector clients on the extent of the duty to consult and, if necessary, accommodate, in respect of potential adverse effects to Aboriginal rights or title by major industrial projects. He assists with the development of consultation programs, negotiation of impact-benefit agreements and acts as counsel for proponents seeking regulatory permits and approvals. He also represents project proponents and governments in appeals and judicial reviews challenging project approvals.
In the area of regulatory/energy law, Keith acts as counsel for proponents and users of energy and mining projects. He appears regularly before administrative tribunals, including the National Energy Board and the British Columbia Utilities Commission. He also appears as counsel on appeals or applications seeking judicial review of decisions by administrative boards and tribunals.
Professional Career
Significant Accomplishments
Keith's experience includes:
* Advising and representing BC Hydro in respect of Aboriginal consultation and regulatory requirements for generation or transmission projects, including the Interior to Lower Mainland (ILM) Transmission Project, Revelstoke 5 and 6; Mica 5 and 6; Vancouver Island Transmission Reinforcement (VITR) Project, Aberfeldie Generating Station and others
* Representing the Government of the Northwest Territories on the Mackenzie Gas Project application and other natural gas pipeline applications currently pending before the National Energy Board
* Advising the State of Alaska Senate Judiciary Committee (including a presentation to a Special Joint Session of the Alaska House Special Subcommittee and Senate Special Committee on Energy) regarding the Crown duty to consult First Nations in Canada in respect of the proposed Alaska Pipeline Project, which would cross the Yukon and northeast B.C.
* Representing a major integrated oil company in respect of pipeline transmission toll and tariff issues before the National Energy Board
Professional Associations
Professional Activities
* Canadian Bar Association, Member of Aboriginal, Administrative and Civil Litigation Sections
* Law Society of the Northwest Territories, Member of Admissions and Discipline Committees
Publications
Regimes in the North (January 26, 2007)
The Crown's Duty to Consult and Accommodate, The Canadian Institute's 2nd Annual Conference on Aboriginal Consultation: Best Practices and Leading Edge Strategies for Managing Aboriginal Consultations (June 2006)
Implications of the Recent Supreme Court of Canada Decision in: R. v. Marshall; R. v. Bernard (May 19, 2006)
Consultation Reguirements in the Post-Treaty Context, Insight Aboriginal Law Forum (May 14, 2006)
Consultation Requirements in the Post-Treaty Context, CLE Aboriginal Law Conference (June 10, 2005)
The Crown's Duty to Consult and Accommodate, The Canadian Institute's 5th Annual Advanced Administrative Law & Practice (October 21, 2005)
Update on Land Claims and Devolution in the Yukon and the Northwest Territories (October 1, 2002)
A Regulatory Roadmap: Successfully Navigating Oil and Gas Licensing Regimes in the North (January 2007)
Seminars
6th Annual B.C. Power Summit, Insight, Vancouver, BC (March 2009), Co-chaired by Jeff Christian
Project Approval North of 60 -- the Crown's Duty to Consult Aboriginal Groups, Calgary, Alberta (April 2008)
CLEBC conference on Aboriginal Law: Tsilhqot'in v. BC, Vancouver, BC (January 2008)
Aboriginal Land and Resource Management, Vancouver, BC (October 2007), Chair
53rd Annual Rocky Mountain Mineral Law Institute conference, Vancouver, BC (July 2007)
Aboriginal Consultation for Industry, Canadian Institute, Vancouver, BC (June 2007), Chair
3rd Annual Western Canada Aboriginal Law Forum, Insight, Vancouver, BC (May 2007)
4th Annual B.C. Power Summit, Insight, Vancouver, BC (March 2007), Co-chaired by Jeff Christian
Land and Water Regulation North of the 60th Parallel, Edmonton, AB (April 2007)
Oil and Gas Summit, Canadian Institute, Calgary, AB (January 2007)
Best Practices in Aboriginal Consultation and Accommodation, Canadian Institute, Vancouver, BC (December 2006)
Advanced Administrative Law and Practice, Canadian Institute, Ottawa, Ontario (October 2006)
Aboriginal Consultation, Canadian Institute, Vancouver, BC (June 2006)
2nd Annual Western Canada Aboriginal Law Forum, Insight, Vancouver, BC (May 2006)
Aboriginal Oil and Gas, Insight, Edmonton, Alberta (April 2006)
Advanced Administrative Law and Practice, Canadian Institute, Ottawa, Ontario (October 2005)
Bar Admission
British Columbia (1997); Northwest Territories and Nunavut (2000).
Education
McGill University (B.A., 1990; LL.B., 1996).
