Mark Gustafson

Mark is a legal practitioner specializing in aboriginal and administrative law, with a particular emphasis on Crown consultation, natural resource law, and constitutional litigation. He has developed a national practice that allows him to provide advice tailored to the specific goals and needs of each client.

Mark frequently advises First Nations on various aspects of natural resources projects, including Crown consultation processes, regulatory hearings, and environmental assessments. He is experienced in negotiating and drafting impact benefit agreements with proponents of all sizes, and his practice is strongly community‑focused, aiming to help communities develop internal capacity.

In addition to his work in aboriginal law, Mark practices civil litigation, representing First Nations in challenges to government decisions, federal and provincial laws, and actions of private parties that affect Aboriginal peoples. He regularly advises First Nations on issues related to the development of government policies and legislation. Beyond his work with Aboriginal clients, Mark also provides support to administrative boards and tribunals.

Mark is proud to have taken his barristers and solicitors oath at Mission Point in Kitkatla, BC, alongside members of the Gitxaała community.

• Mark advised the Tsawwassen First Nation on the environmental assessment and regulatory processes relating to a major port expansion project, the Roberts Bank Terminal 2 Project. The hearing and regulatory processes led to innovative outcomes relating to offsetting, co‑management, cumulative effects management and project oversight. This included the development of a novel accommodation framework respecting modern Treaty rights.
  
  
• Mark advised a British Columbia First Nation in a regulatory proceeding for an LNG export project. The proceeding raised novel issues around the interaction with modern Treaty rights and cumulative environmental effects. The outcome included groundbreaking regulatory conditions relating to Indigenous consent requirements and innovative approaches to regulatory conditions relating to project impacts on Indigenous intangible cultural heritage.
  
  
• Mark advised the Mikisew Cree First Nation in multiple regulatory processes relating to the proposed Frontier Oil Sands mine, which was the largest oil sands mine to ever be proposed. This involved two hearings and nearly a decade of regulatory engagement involving complex issues relating to species at risk, Treaty rights, Crown consultation and other matters.
  
  
• Mark advised an Alberta First Nation in a petition to the World Heritage Committee respecting a National Park, including counsel on two reactive monitoring missions from the World Heritage Centre and IUCN. This resulted in a major action plan for the National Park and nearly $100 million in new conservation and restoration funding to address threats from upstream developments.

• Dispute resolution
• Aboriginal

• B.A., Summa Cum Laude, Columbia University, 2005
• J.D., University of Toronto, 2010

• Law Society of British Columbia, 2011
• Law Society of Alberta, 2012
• Law Society of Nunavut, 2019