Donovan & Company

Jennifer Griffith

Email: jennifer_griffith@aboriginal-law.com

Practice Profile

Jennifer is an associate with Donovan & Company. She practices aboriginal law in various areas including aboriginal rights and title issues, consultation and accommodation issues, natural resource issues, and Specific Claims. Her work with consultation and accommodation issues has included assisting First Nation clients to establish in-house referral processes to promote the protection of their aboriginal rights and title. Jennifer has also advised clients on impact benefits agreements and government to government discussions relating to strategic land use planning. Jennifer holds a Bachelors of Science degree in Aquatic Biology from Brown University and worked as an environmental consultant prior to obtaining her law degree from McGill University.

Aboriginal Law Experience

• Legal advice on a wide range of issues, including:
  • Aboriginal rights and title;
  • Aboriginal title;
  • Treaty rights;
  • Duty to consult and accommodate;
  • Crown referrals;
  • Benefits agreements;
  • Access agreements;
  • Environmental assessments;
  • Land use planning;
  • Reserve allotment;
  • Reserve issues including allotment, additions, by-laws and rights-of-way;
  • Aquaculture;
  • Forestry;
  • Independent power projects;
  • Development of species at risk legislation;
  • Protection of cultural and archaeological materials;
  • Funding applications.
• Legal Assistance in establishing First Nation in-house referral processes for addressing consultation on aboriginal title and rights.
• Legal advice for negotiations with industry and government with respect to resources, consultation, accommodation, and benefits agreements.
• Legal advice for government to government negotiations on land use planning.
• Development of forum for addressing aboriginal rights and title in environmental assessment context.
• Development of protocols on consultation, government to government relationships, and relationships with industry.
• Litigation and representing First Nations in administrative processes.
• Research and preparation of Specific Claims including:
  • Reserve allotment, survey, boundaries, surrenders, and applications for additional lands to the Royal Commission on indian Affairs;
  • Expropriations;
  • Sales and leases;
  • Breaches of fiduciary and statutory obligations;
  • Absence or insufficiency of compensation;
  • Reserve assets;
  • Expropriations;
  • Easements and rights-of-way, including roads, railways, and transmission lines;
  • Logging/timber transactions.

Additional Experience

• 1996-2000: Offshore sailor: Vancouver-to-Vancouver - two-handed westward circumnavigation in a 35-foot sloop.
• 1988-1989: Environmental Consultant, Watertown, MA.

Professional Memberships

• Law Society of British Columbia
• Canadian Bar Association

Education

• Bachelor of Laws: McGill University, Graduated 1993
• Bachelor of Science: Brown University, Graduated 1988

Publications and Conferences

• "Implementing First Nation Land Use Plans: Challenges and Result", Aboriginal Law Conference 2008, Continuing Legal Education Society of BC, June 2008.
• "The New Approach to Specific Claims: Possible Consequences", Insight Information 4th Annual Western Canada Aboriginal Law Forum, May 2008.
• "Meaningful Consultation: Reconciliation through an Honourable Process", Insight Information 2nd Annual Western Canada Aboriginal Law Forum, May 2006.
• "Conducting Business on Lands over which Treaty Rights or Aboriginal Rights or Title Exist or Are Asserted - Consultation from the First Nation's Perspective", The Continuing Legal Education Society of British Columbia (2003), with Allan Donovan.