Traditional knowledge and cultural property protocol
A protocol or agreement setting rules for recording, sharing and using a community's traditional knowledge and cultural property.
What is included
- Listens to your goals and the community's priorities
- Reviews the relevant treaties, statutes, agreements and community laws
- Gives advice on rights, options and process
- Drafts protocols, agreements or community laws
- Communicates or negotiates with governments and other parties
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, Métis and Inuit communities and organizations
- Indigenous individuals and families
- Businesses and governments working with Indigenous communities
Information to have ready
- 1Relevant agreements, community laws or band council resolutions
- 2Correspondence with governments or other parties
- 3A summary of the issue and the goals
- 4Contact details for the people giving instructions
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?
A typical Ontario fee for this service is $2,500–$7,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Does the lawyer act for the community or for an individual?
That is set out at the start. A lawyer acting for a First Nation takes instructions from its authorized representatives, and an individual may need a separate lawyer if their goals differ.
What laws apply to First Nations matters?
Often a mix: treaties, section 35 of the Constitution Act, 1982, the Indian Act or a land code, federal and provincial statutes and the community's own laws.
Can a community make its own child and family services laws?
A federal law recognizes the jurisdiction of First Nations, Inuit and Métis peoples over child and family services and lets communities develop their own laws. The lawyer can explain how it applies.
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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