Author Archive

Westbank First Nation Development Laws

By Andrea East
Categories: Blog, First Nations
Did you know that Westbank First Nation’s development laws are available through their website?

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125 Year Non-Cancellable Leases of Westbank First Nation Lands

By Andrea East
Categories: Blog, First Nations
There is a new trend in leases of Westbank First Nation’s reserve lands. Developers and landlords are moving to 125 year terms.

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Pushor Mitchell Lawyer Andrea East a panelist at WFN Business and Economic Conference

By Andrea East
Categories: Firm News
Andrea East will be a panelist at the Westbank First Nation’s 2017 Business and Economic Development Conference.

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Structuring the Developer

By Andrea East
Categories: Firm News
Andrea East will be presenting "Structuring the Developer" at the PBLI conference Real Estate Development on First Nations Lands.

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Daniels v. Canada: Jurisdictional Clarity for Non-Status Indians and Metis

By Andrea East
Categories: Blog, First Nations
For years, non-status Indians and Metis individuals have been trapped in a jurisdictional game of hot potato between provincial governments and the Federal Government, often leaving those individuals ineligible for programs and assistance.

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Buying a Sublease on Westbank First Nations Land: The Conveyance Process

By Andrea East
“Conveyancing” is the term your lawyer uses to describe the legal process of transferring an interest in land from the seller to the buyer.

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Owners Associations: New Societies Act Coming November 2016

By Andrea East
Categories: Blog, Business Law
The BC Government has passed a new Societies Act, which is expected to be brought into force in November of 2016.

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Leasing First Nations Lands from a Locatee

By Andrea East
Categories: Blog, First Nations
This is an update to my Dec 22, 2009 article, incorporating the changes to INAC’s locatee leasing policy.

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Building First Nation Economies: Tax, Governance & Business Structures

By Andrea East
Categories: Firm News, First Nations
Andrea East will be participating in a conference on December 3-4, 2015 on Building First Nation Economies.

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Ask A Lawyer – What Do I Get When I Purchase A Home On An Indian Reserve?

By Andrea East
Categories: Blog, First Nations
Land on reserve cannot be sold. So when a developer builds a residential project on reserve land, the developer leases the land on which the project will be built, and then sells long term subleases for each home. The details vary from project to project, but typically, the buyer purchases a 99 year sublease, with all of the rent paid up front when he or she takes possession of the home. Banks can provide mortgage financing to fund the rent [...]

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Beautiful Land, Tricky Transactions

By Andrea East
Categories: Blog, First Nations
First Nations’ reserves contain some of Canada’s most beautiful land, including undeveloped properties that are frequently eyed by developers for large residential or recreational projects.Originally published in the Sep 21, 2012 issue of the Lawyers Weekly.Read the article here: http://www.lawyersweekly.ca/index.php?section=article&articleid=1743 

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Canadian Human Rights Tribunal Orders INAC to Cease Discriminatory Practices

By Andrea East
Categories: Blog, First Nations
In 2008, the federal government introduced a significant shift in its First Nations policies by repealing the section of the Canadian Human Rights Act that excluded decisions under the Indian Act from scrutiny by the Canadian human rights system.The first decision of the Canadian Human Rights Tribunal considering Indian and Northern Affairs Canada’s (INAC) leasing policies (Louie and Beattie v. INAC) was released in early 2011.

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Lingo: Words and Phrases Commonly Used in First Nations Projects

By Andrea East
Categories: Blog, First Nations
There are many words and phrases used in connection with First Nations Projects which have very specific meaning, and many acronyms used as short form, which can be challenging when first getting started. This article sets out some common words, phrases and acronyms and describes their meaning.

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Partners, Partnering, Partnership: the Legal Implications

By Andrea East
Categories: Blog, First Nations
If you're thinking about forming a partnership, here are some things to think about before the partnership begins...   This article has been published in Native Business Development Magazine, a national publication focusing on the successes of First Nation, Inuit and Métis owned or managed businesses.

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Process For Community Approval Of A Lease Of First Nations Community Lands On Indian Act Reserve Land

By Andrea East
Categories: Blog, First Nations
There are generally two types of lands which may be leased on a First Nations reserve governed by the Indian Act:  lands allocated to individual members by a Certificate of Possession, often referred to as “CP Lands”, and lands which are unallocated and held for the benefit of the community as a whole, often referred to as “Community Lands”.

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Major Contract Review: Yes, You Really Do Need To Read Them Again

By Andrea East
Categories: Blog, Business Law
Every once in a while it is a good idea to dust off copies of your major contracts and take a look and see what they say.  What is considered a major contract varies from business to business, but some of the usual suspects include major suppliers, major customers, key employees, commercial leases and equipment leases.  Major contracts are those which present the greatest benefit and pose the greatest risk to your business.  [...]

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First Nations Leasing: Buying and Selling Subleasehold Interests

By Andrea East
Categories: Blog, First Nations
This article is the fourth in my series on leasing First Nations land. My previous articles have reviewed the process for establishing new head leases and subleases on First Nations land. In this article, I will review the process for transferring interests in existing subleases.In many cases, the interest purchased in a residential development is a subleasehold interest and that is the type of interest that I will discuss in this article. [...]

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First Nations Leasing: Overview of Documents for a Residential Development on First Nations Lands

By Andrea East
Categories: Blog, First Nations
This is the third in my series of articles on First Nations leasing.  In my first article, I discussed Buckshee Leases and some of the risks associated with unregistered leases of first nations lands.  In my second article, I reviewed Indian and Northern Affairs Canada’s (“INAC”) process for reviewing and approving registered leases.  I have also p

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Buckshee Leases of First Nations Land : Tenants Beware

By Andrea East
Categories: Blog, First Nations
“Buckshee lease” is a colloquial term for a lease entered into between a member of an Indian Band or the Band itself and an individual, first nations or not, where the lease has not been formally approved by the Department of Indian and Northern Affairs in accordance the Indian Act. Buckshee leases tend to appear on reserves where the Band does not have land management powers under the Indian Act.

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Personal Information and your Business

By Andrea East
Categories: Blog, Employment Law
In British Columbia, there is legislation regulating every business’s rights and responsibilities with respect to the personal information it collects, uses and discloses.  Every business that has employees and keeps a customer list needs to understand the rules relating to personal information.

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