Heather L. Treacy | Fraser Milner Casgrain LLP

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Heather L. Treacy Q.C., LL.B., B.PE., B.Comm., Partner

Heather has over 20 years of experience in the area of Civil Litigation and Dispute Resolution and frequently appears before both the Trial and Appellate Courts in the Province of Alberta, the Federal Court of Canada and various tribunals. Heather acts as counsel to clients in complex litigation and disputes, including, extensive experience with negotiations and mediation on matters related to energy, aboriginal and constitutional law, general commercial disputes, transportation, aviation, human rights and employment law.

Heather has a specific expertise in aboriginal law and provides advice on a significant number of issues involving treaty, aboriginal rights and aboriginal title issues; Métis issues; land and reserve issues; Indian Act matters; issues arising under the Indian Oil and Gas Act and regulatory regime; consultation and accommodation issues; issues North of 60, comprehensive and specific land claim agreements, impact benefit agreements, training and employment agreements, joint-venture agreements, legislative regimes and resource issues and First Nation governance matters.

Heather has been recognized byThe 2010 and 2011 Canadian Legal LEXPERT Directory and The Best Lawyers in Canada 2012, guides to the leading law firms and practitioners in Canada, as a pre-eminent lawyer in the area of aboriginal law.

Heather is the former manager of the Corporate Litigation Group and previously served as an elected member of the Management Board of the Calgary office of Fraser Milner Casgrain LLP.

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Representative Work

Acted as Chief Federal Negotiator for the Government of Canada in a treaty on Vancouver Island involving the B.C. treaty process for First Nations

Advising a wind farm in southern Alberta on consultation issues and best practices pertaining to an Aboriginal community

Advising a junior oil and gas company on oil and gas transactions related to Reserve Lands

Acting as counsel in successfully compelling that an election be held by a First Nation government (Shotclose et al v. Stoney First Nation et al)

Acting as counsel for energy companies on claims involving royalty calculation issues (Stoney Tribal Council v. Petro-Canada Ltd. et al)

Co-Counsel for Imperial Oil in its application for the Kearl Oil Sands Project before a Joint Review Panel established by the Alberta Energy and Utilities Board and Canadian Environmental Assessment Agency

Trespass and royalty claims arising out of the production of oil and gas on reserve lands (Samson Indian Band et al v. Imperial Oil et al.)

Defending product liability claims advanced against a helicopter manufacturer (Remote Helicopters et al v. Formsprag Company et al)

Injunctive relief and membership issues associated with a First Nation Community (Horseman v Horse Lake First Nation)

Issues associated with the specific land claim agreement of a First Nation Community (McAllister v. Horse Lake First Nation)

Discrimination claim under the Canadian Human Rights Act (Sangha v. Mackenzie Valley Land and Water Board)

Acting for an international air carrier in obtaining Anton Piller and other extraordinary relief

Acting as counsel to a University on disputed intellectual property matters

Judicial review in the Federal Court of Canada involving disputed oil and gas royalty payments (Imperial Oil Resources v. Canada)

Action to trace and recover funds based on allegations of misconduct involving a fiduciary (Alberta Treasury Branches v. Leahy et al)

Determination of reserve interests under Indian Act (Stoney Band v. Poucette)

Judicial review in the Federal Court involving the decision of a labour adjudicator (Joss v Canada Treasury Board)

General commercial disputes, on a wide range of issues, including various oil and gas disputes, including contract, lease, farm-out and operating agreement issues and royalty calculation disputes; various contractual, tort and commercial claims, including, claims seeking extraordinary remedies, such as injunctive and Anton Piller relief; various judicial review applications; and employment law and transportation issues

Publications

Current Obligations in Resource Development - Reprinted in International Petroleum Transactions (3rd) ed., Rocky Mountain Mineral Law Foundation (2010), Colorado, USA

"An Update on Consultation and Accommodation: The Courts Design Creative Remedies", Canadian Bar Association National Aboriginal Law Section Newsletter (2007)

"The Current State of the Law in Canada on Crown Obligations to Consult and Accommodate Aboriginal Interests in Resource Development", (2007) 44:3 Alberta Law Review 571

Focus on Aboriginal Law, Two Groundbreaking Cases Provide Welcome Guidance

Consultation With First Nations Regarding Proposed Pipeline Projects

"Secondary Market Civil Liability: A Sword for Investors or a Shield for Issuers and Other Market Participants?" Annual Review of Civil Litigation 2009 (Co-authored with Josh Jantzi and Rachel Howie)

"Legal Principles Surrounding Consultation", Alberta Chamber of Resources (December, 2005)

“The Use of Oral History as Evidence - The Benoit Decision”, 2nd Annual Aboriginal Law Forum, Insight Information Co., Toronto, November 15, 2004, (Paper co-authored with Jamie Dickson and Kerry Parker Smith)

“Developments in Sensitive Areas, Both Domestic and Abroad”, Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, Texas, August 2002, (Paper co-authored with Roxanne Gallon, 2002)

“Understanding the Effects of Land Claims and Self-Government Agreements”, Infonex Conference - How to Improve Resource Development Ventures with Aboriginal Communities, Calgary, May 2002, (Paper co-authored with Kellie Grier)

“Creating Order Out of Chaos”, Infonex Conference on Effectively Structuring Resource Development Ventures with Aboriginal Communities, Calgary, April 2001, (Paper co-authored with Mary Wyatt Sindlinger and Maureen Dawson)

“Oil and Gas Development on Indian Reserves and Recent Litigation”, Pacific Business and Law Institute Conference on Exploration and Development and Aboriginal Interests, Calgary, November 2000, (Paper co-authored with Maureen Dawson)

“Extrinsic Evidence in Treaty Interpretation Cases: Is It Justified?” Annual Canadian Bar Association Conference, Halifax, August 2000 (Paper co-authored with Mary Wyatt Sindlinger)

"A Very Public Relationship: Berg v. University of British Columbia", (1993) Vol. 3 No. 2 National Journal of Constitutional Law 276

Teaching Roles

Instructor in Advocacy and Professional Responsibility Courses for the Law Society of Alberta Bar Admission Courses

Prior Speaking Engagements

"Learning the Key Statutes and Laws Comprising the Aboriginal Law Framework", The Canadian Institute's Forum on The Fundamentals of Aboriginal Law, Calgary, October 2011

"Effective Aboriginal and First Nations Consultation", Insight North American Pipeline Forum, Calgary, April 2011

"Advocacy: Learn Now What Experience will Teach You Later", Canadian Bar Association Junior Lawyers' Section, Calgary, November 2008

“First Nations First - the Ins and Outs of Aboriginal Consultation”, Canadian Association of Petroleum Land Administrators, Calgary, May 2008

“Consultation and Accommodation of Aboriginal Interests: Post Haida”, Canadian Bar Association, (Nova Scotia Branch), Halifax, January 2008

“The Impact of Aboriginal Interests When Doing Business in Canada”, Canadian Bar Association (Business and Aboriginal Sections), Calgary, January 2007

“Explaining the Unique Micro and Macro Implications and Constraints of ADR in the First Nations Context”, Canadian Bar Association (ADR Section), Calgary, December 2006

Chair, “Western Canada Aboriginal Law Forum”, Insight Information Co., Vancouver, B.C., June 28, 2005

“How Provincial Tribunals are Coping with Constitutional Issues”, 4th Annual Aboriginal Oil & Gas Insight Conference, Edmonton, April 26, 2005

“The Legal Framework: On Reserve Oil and Gas Development”, Pacific Business and Law Institute, Calgary, April 19, 2005

Co-Chair, “Developments on Reserve Land”, Pacific Business & Law Institute Conference, Calgary, April 22, 2004

“Regulatory and Legal Changes for Oil and Gas Development”, 3rd Annual Insight Aboriginal Oil & Gas Ventures Forum, Edmonton, April 19-20, 2004

“Mineral Interests on Crown Lands v. Reserve Lands”, The 5th Insight Annual Aboriginal Land Resource Management Conference, Vancouver, November 6-7, 2003

Co-Chair, The Canadian Institute’s 2nd Annual Aboriginal-Energy Partnership’s Conference, Calgary, September 15-16 2003

“The Impact of Land Claim Negotiations on Resource Development Projects”, Insight Aboriginal Oil and Gas Ventures Forum, Edmonton, April 15, 2003

“Regulatory and Legal Changes for Oil and Gas Development”, and Co-Chair of Aboriginal Management Institute Conference, Calgary, April 14, 2003

“Recent Legal Developments Involving Aboriginal Rights to Mineral Resources”, 4th Annual Aboriginal Land and Resource Management Insight Conference, Vancouver, November 26, 2002

“International Oil and Gas Legal Updates - Canadian Perspective and Indigenous Rights Issues”, International Bar Association Conference, Houston, Texas, November 14, 2002

“What Weight Should Be Given to Oral History?” Pacific Business and Law Institute Conference on Litigating Aboriginal Claims, Ottawa, June 2002

“Using Aboriginal Lands To Create Business Opportunities”, Infonex Conference - A Practical Guide To Aboriginal Economic Development, Toronto, March 2002

“The Procedural Implications of Mitchell”, Pacific Business and Law Institute Conference - Aboriginal Law Update, Vancouver, December 2001

“The Reasonable Expectation of Privacy In Electronic Records In The Workplace”, Lorman Education Services, Calgary, July 2001

“Volunteers and Charities: Internal Governance of Non-Profit Organizations”, Legal Education Society of Alberta, Calgary, June 2000

"A Panel Discussion on the Vriend Case", University of Calgary (February, 1998)

Contact Information

Calgary

+1 403 268 7164

heather.treacy@fmc-law.com

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Areas of Expertise

Aboriginal

Alternative Dispute Resolution

Aviation

Constitutional Law

Energy

Litigation & Dispute Resolution

Oil & Gas

Year of Call

1990 (Alberta)

Education

University of Alberta, LL.B., 1989

University of Calgary, Bachelor of Commerce and Bachelor of Physical Education, 1984

Royal Conservatory of Toronto and Mount Royal College - Music Degrees, 1984

Languages Spoken

English

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