Claire Truesdale

JFK Law - British Columbia

Partner

260 - 200 Granville Street
Vancouver, British Columbia, V6C 1S4
Canada

+17788193861

Litigation Star

English


Jurisdiction:

British Columbia

Practice area:

Aboriginal
Constitutional
Environmental


Claire is a Partner at JFK Law LLP in Vancouver whose practice is focused on litigation and major negotiations. She is passionate about pushing the law for greater recognition of Indigenous rights and self-determination, offering her clients advice that is both practical and creative. She works to make court and tribunal processes more transparent and accessible for Indigenous leadership and community members.

She pursues justice for her clients at courts and tribunals in specific claims, judicial review, trial and appeal proceedings on matters of Aboriginal and treaty rights, consultation and accommodation, jurisdiction, Charter rights, breach of fiduciary duty, and disputes under the Indian Act. She has appeared at the Specific Claims Tribunal, British Columbia Supreme Court, British Columbia Court of Appeal, Alberta Court of King’s Bench, Alberta Court of Appeal, Saskatchewan Court of King’s Bench, Saskatchewan Court of Appeal, Federal Court and Supreme Court of Canada. Claire is experienced intervener counsel, having appeared on behalf of interveners at the Supreme Court of Canada four times, and twice at other appellate courts.

Claire also advises Indigenous governments and individuals on a variety of legal issues. She has particular expertise in fisheries, water rights and governance, legal interests in reserve land and land management, Indigenous membership or citizenship, and Indian registration (Indian status).

Year joined firm: 2013

Recent matter/case highlights:

  • Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 and 2022 QCCA 185: • Acted as Counsel for the Aseniwuche Winewak Nation at the Supreme Court of Canada and Quebec Court of Appeal as an intervenor with the right to adduce evidence • Precedent-setting case on federal jurisdiction under s. 91(24) of the Constitution Act, 1867 to recognize Indigenous peoples’ right to self-government • Both levels of court upheld federal legislation recognizing Indigenous right to self-government over child and family services.
  • Ahousaht Indian Band and Nation v. Canada (Attorney General), 2021 BCCA 155: • Counsel for the Te’mexw Treaty Association as an intervenor • Court rejected an approach to Aboriginal fisheries rights that precludes evolution of the right including prioritizing different species as the resource changes
  • Simpson v. Ziprick Estate, 2020 BCSC 401: • Acted as Counsel for the Okanagan Indian Band in claim by Okanagan Indian Band members against mobile home park operator on reserve • Affirmed and clarified that legal interests in Indian reserve land that do not comply with the Indian Act are void and this cannot be overcome through provincial legislation, common law or equity
  • Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12: • Acted as Counsel for the Aseniwuche Winewak Nation as an intervenor • Supreme Court of Canada confirmed the federal government’s jurisdiction under s. 91(24) of the Constitution Act, 1867 includes non-status Indian and Métis peoples

Key practice areas:

  • Dispute resolution

Academic qualifications:

  • BA, Simon Fraser University, 2008
  • JD, University of Victoria, 2012

Bar Admissions:

  • LS, Ontario, 2013
  • LSBC, 2013
  • LS, Alberta, 2013