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Allan Donovan

Allan Donovan

Email: allan_donovan@aboriginal-law.com

Practice Profile

Allan Donovan has practiced aboriginal law and represented First Nations for over 19 years. Allan has worked extensively in all areas of aboriginal law including aboriginal rights and title, negotiations, litigation, specific claims, residential schools, taxation and business development, and aboriginal governance.

Allan has represented First Nations and aboriginal people at the Supreme Court of Canada, the British Columbia Court of Appeal, the British Columbia Supreme Court, the Federal Court of Appeal, the Federal Court of Canada, the Tax Court of Canada, the British Columbia Provincial Court and the Indian Claims Commission.

Allan is recognized by the Canadian Legal Lexpert Directory as "Consistently Recommended" and one of the Leading Practitioners in the area of Aboriginal Law.

He was voted as one of the leading lawyers in Canada in the area of Aboriginal Law in a peer-reviewed survey published in the inaugural edition of The Best Lawyers in Canada published in June 2006 and every year since.

After practicing at a prominent litigation boutique firm for eight years, in 1996 Allan founded Donovan & Company   a firm dedicated to providing the best legal advice and representation possible to First Nations.

Aboriginal Law Experience

Allan Donovan's aboriginal law work includes the following:

Representative Cases

Some significant cases where Allan has acted as counsel include:

F.H. v. McDougall et al., (SCC)
- counsel with Karim Ramji and Niki Sharma at the Supreme Court of Canada appeal relating to a finding of sexual abuse at the Sechelt Indian Residential School.
Kapp et al. v. Her Majesty the Queen (SCC)
- counsel with Bram Rogachevsky for the intervener Haisla Nation. The case involved a challenge by a group of commercial fishers to the Pilot Sales Program, an aspect of the Department of Fisheries and Oceans' Aboriginal Fisheries Strategy.
Indian Residential School Class Action
- counsel with Karim Ramji and Niki Sharma representing Indian Residential School survivors seeking to amend the Canadian Government's proposed Agreement.
F.H. v. McDougall et al., (BCCA)
- counsel with Karim Ramji and Niki Sharma at the British Columbia Court of Appeal. Canada, the Church and Ian MacDougall had appealed a finding by the British Columbia Supreme Court that Ian MacDougall had sexually assaulted FH when FH was a 9 year old boy attending the Sechelt Indian Residential School.
District of Kitimat et al. v. British Columbia et al.
- counsel with Bram Rogachevsky for the intervener Haisla Nation in a judicial review concerning the legality of Alcan's power sales.
Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), [2005] S.C.C. 69
- counsel with Bram Rogachevsky in the Supreme Court of Canada for the intervener Lesser Slave Lake Indian Regional Council. Here the Supreme Court of Canada confirmed that the Crown's consultation and accommodation obligations set out in Haida Nation apply in treaty negotiations.
Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511
- counsel with Jennifer Griffith in the Supreme Court of Canada for the intervener Haisla Nation. This landmark case confirmed the Crown's obligation to consult and accommodate First Nations concerning asserted aboriginal rights and title.
Wewaykum Indian Band v. Canada, [2002] 4 S.C.R. 245
- counsel for the Wewaikai Nation in this protracted litigation concerning reserve ownership and the fiduciary duty of the Crown.
Blueberry River First Nation v. B.C. et al., [1997] B.C.J. No. 2864 (B.C.S.C.)
- counsel for the Blueberry First Nation in successfully setting aside a large scale permit for seismic exploration.
Amoco et al. v. Chief Stuart Cameron et al.
- counsel for the Saulteau First Nations in litigation concerning the legality of an oil exploration permit.
Halfway River First Nation v. British Columbia (Ministry of Forests), [1999] 4 C.N.L.R. 1 (B.C.C.A.)
- counsel for the Halfway River First Nation in this precedent setting decision establishing obligation of the provincial Crown to consult and accommodate with section 35 rights.
R. v. NTC Smokehouse S.C.C. Registry No. 23800, (S.C.C.)
- counsel for the intervener Wewaikai Nation in an attempt by the Nuu-chah-nulth to establish the right to fish for livelihood purposes

Professional Memberships

Education

Publications

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Copyright © 2008 Donovan & Company
Last modified: 2008.06.16