Defence of a harvesting rights charge
Defending a hunting, fishing or harvesting charge on the basis of treaty or Aboriginal rights protected by section 35.
What is included
- Reviews the treaty, historical and legal basis of the claim or defence
- Works with historians, knowledge holders and other witnesses
- Prepares and files the claim, application or defence
- Represents you in court or before the Specific Claims Tribunal
- Negotiates settlement with the Crown
What is not included
- Historical, genealogical or other research reports, and other disbursements
- Appeals, or court proceedings not covered by the lawyer's written retainer
- Work outside the scope in the lawyer's written retainer
Who this service is for
- First Nations asserting title, treaty or other rights
- Indigenous harvesters charged with an offence
- Communities challenging a Crown decision
Information to have ready
- 1Treaty documents and historical records
- 2The charge, decision or Crown correspondence
- 3Band council resolutions authorizing the claim
- 4Names of knowledge holders and witnesses
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $300–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is a specific claim?
A claim by a First Nation against Canada about the management of land or other assets, or the fulfilment of historic treaties. It is usually negotiated first, and the Tribunal can decide some claims that are not resolved.
Can a harvesting charge be defended using treaty rights?
Sometimes. A charge may be defended on the basis of an Aboriginal or treaty right protected by section 35 of the Constitution Act, 1982, depending on the facts and the evidence.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Government processes and timelines are outside the lawyer's control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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