Encounters with Aboriginal Law and Indigenous Law in the Current Canadian Landscape

The CBA is a professional organization that provides educational and networking opportunities for lawyers. Representing more than 36,000 lawyers, judges, notaries, law teachers, and law students from across Canada, the CBA is committed to enhancing the professional and commercial interests of a diverse membership and to protecting the independence of the judiciary and the Bar.

Audrey DeMarsico is a lawyer in Business Law and Estates groups. She has a broad range of experience including corporate and commercial work, estate planning and administration, civil litigation, and regulatory advice. She also provides services in the areas of trade secret protection, trademark and copyright registrations, acquisitions, licensing, enforcement, and related litigation. With respect to business law, Audrey can help with every stage of a business life cycle including incorporation, transactions, governance, shareholders' agreements, and commercial agreements. She has guided many not-for-profit corporations through the process of compliance with new legislation at the federal and provincial levels and has developed conflict-of-interest policies and protocols for boards of directors. She also provides independent advice to special committees when boards are navigating governance challenges such as potential conflicts of interest. Audrey also advises on condominium corporation law, assisting boards and property managers with their legal needs. With respect to estates, Audrey guides clients through challenging decisions and difficult times with compassion and understanding. Her knowledge of business law is particularly helpful for clients who have corporate legacies to pass on. With respect to intellectual property law, Audrey helps clients navigate the intersection of innovation and legal compliance. This includes legal advice on drafting and reviewing technology transfer agreements and providing strategic counsel on intellectual property protection for novel inventions. Audrey is also experienced in developing and enforcing laws and policies for Indigenous communities to implement self-government. This includes developing social housing programs and working with communities to ensure they are responsive to local needs and challenges.

Senwung Luk is a Partner at OKT. He has appeared in different levels of court and tribunals, including the Supreme Court of Canada and various courts of appeal, representing Indigenous clients fighting for their rights. He has focused on litigation on Aboriginal rights and title, the Crown's fiduciary obligations to First Nations, and the implementation of Impacts and Benefits Agreements (IBAs). He has numerous peer-reviewed publications on these areas and his work has been cited by different levels of court, including the Supreme Court of Canada. Senwung received his J.D. from Osgoode Hall Law School, where he won awards for highest standing in Aboriginal law, civil liberties, and constitutional law courses. He served as law clerk to Mr. Justice John Evans of the Federal Court of Appeal of Canada. Senwung has also earned a Bachelor of Arts degree from Yale University and a postgraduate Bachelor of Civil Law degree from the University of Oxford. Senwung is a member of the Bars of Ontario, the Northwest Territories, and Newfoundland and Labrador, and is listed as Consistently Recommended in the Canadian Legal Lexpert Directory on Indigenous Law. He has also been recognized in the areas of Aboriginal Law / Indigenous Practice and Administrative and Public Law in The Best Lawyers in Canada™. Senwung Luk provides his services through a Professional Corporation.

Roy carries on a diverse practice with over 25 years of experience in Indigenous rights and title, and dispute resolution. In the area of Aboriginal law, Roy advises clients across Canada on the development of energy, mining and other major projects, and relationships among Indigenous peoples, businesses and governments. He negotiates impact benefit agreements, consultation protocols and other arrangements with First Nations, Métis and other Indigenous groups. He also assists clients in navigating the regulatory processes necessary to secure project approval, including the implications of UNDRIP, and represents clients in litigation regarding Indigenous rights and title. Roy has succeeded in all levels of court, including the Supreme Court of Canada, and in arbitration and administrative tribunals. In addition to regulatory matters, he represents clients in construction litigation, contract claims, injunctions and other disputes. Roy joined the Firm in 2000, shortly after clerking for Chief Justice McLachlin at the Supreme Court of Canada.

Ryan Lake is a Partner at Maurice Law, a Canadian national Indigenous law firm. He specializes in litigation, administrative law, specific claims, and negotiations regarding Aboriginal and treaty rights across Canada. Early Legal Experience: During law school, he interned with the Department of Justice Canada and with the Law Clerk and Parliamentary Counsel to the Senate in Ottawa. Private Practice: He began his legal career in transportation, maritime, and aviation law, followed by commercial, class action, and civil litigation practice in Toronto before joining Maurice Law in 2014. Practice Focus: Ryan represents Indigenous clients in complex land claims, treaty entitlement litigation, class actions, and administrative disputes. He has appeared before the Ontario Superior Court of Justice, the Federal Court of Canada, the Courts of Queen's Bench in Alberta and Saskatchewan, and various federal/provincial human rights tribunals. Leadership & Community: He has served as Chair of the Canadian Bar Association's Aboriginal Law Section and writes/speaks extensively on topics like the Duty to Consult, Crown fiduciary duties, and treaty land entitlement litigation. Education & Bar Admissions: LL.M. – Osgoode Hall Law School (focused on administrative law, civil litigation, and energy/infrastructure issues pertinent to Indigenous governments); LL.B. / J.D. – University of Ottawa; Bachelor of Arts (Political Science) – University of Calgary; Bar Admissions: Admitted to practice in Alberta, Saskatchewan, and Ontario.