Aboriginal law is an ever-growing and increasingly complex field of practice that typically involves multiple stakeholders with complex priorities. The converging interests of Aboriginal communities, industry stakeholders and the government at both the federal and provincial levels continues to create new relationships, often with great financial consequence. As Aboriginal communities receive compensation for historic wrongs, collaborate to form joint ventures, and establish large capital projects from within, the need to create Trusts for the effective management of property has increased. Trust Agreements have become an important tool for Aboriginal communities to safeguard their assets for the benefit of current and future members. Trust Agreements are most commonly used to preserve assets received from the following sources:
  • Land Claims Agreements or Treaty Land Entitlement Claims;
  • On-reserve projects;
  • Impact and Benefit Agreements with Industry such as mining companies;
  • Provincial revenue-sharing Agreements; and
  • Funding from government programs.
Westaway Law Group has extensive experience in the preparation and drafting of Trust Agreements. Our goal is to preserve the Aboriginal group’s capital and to ensure that it is suitably invested and managed for the long-term benefit of the community. We have prepared Trust Agreements dedicated to health, economic and social development, education, and recreational projects. At the outset of every Trust Agreement process, our team engages in community consultation to learn the community’s priorities. Once identified, Westaway Law Group works diligently to ensure that these priorities are reflected in the final language of the Trust Agreement. We work strategically to ensure that once complete, the Trust Agreement is a practical tool tailored to the community’s specific goals.