John Gailus

John John was one of the founding partners of Devlin Gailus, the predecessor to DGW Law Corporation.

John graduated from the University of Alberta in 1993. He spent four and one-half years working at the Department of Indian Affairs and Northern Development (“DIAND”) as the Senior Land Management & Leasing Officer for the west coast of British Columbia. At DIAND he developed an expertise in economic development of reserve land.

John parlayed his DIAND experience into a varied law practice focused on consultation, Aboriginal and Treaty rights litigation, Indian Act issues and economic development.

John has appeared multiple times at the Supreme Court of Canada, British Columbia Court of Appeal and British Columbia Supreme Court, as well as the Federal Courts. He was also counsel for several First Nations during the Cohen Commission Salmon Inquiry, Site C Joint Review Panel and the National Energy Board Trans Mountain Pipeline Expansion hearings.

John is an Adjunct Professor at the University of Victoria where he teaches the Indigenous Lands, Rights and Governance course. He has appeared on multiple occasions before the House of Commons Standing Committee on Aboriginal Affairs as an expert witness on proposed changes to the Indian Act and Aboriginal economic development. He is a regular speaker at conferences and continuing legal education events. John currently is the chair of the Indigenous Justice Advocacy Committee of the Canadian Bar Association as well as the Aboriginal Law representative on the Federal Courts Bench and Bar Liaison Committee. John has been repeatedly recognized by the Canadian Lexpert Directory as a Leading Practitioner in Aboriginal Law.

John is a proud member of the Cumshewa Clan of the Skidegate Band and member of the Haida Nation.

Representative Experience:

Litigation

Supreme Court of Canada

• Attorney General of Newfoundland & Labrador v. Uashaunnuat (Innu of Uashat and of Nami-Tuenam), et al. SCC File No. 37912, Counsel for Intervener, Tsawout First Nation
• Ktunaxa Nation v. British Columbia, 2017 SCC 54, Counsel for Interveners, West Moberly & Prophet River First Nations
• Daniels v. Canada, 2016 SCC 12, Counsel for Intervener, Metis Federation of Canada
• Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, Counsel for Interveners, Tsawout, Tsartlip, Snuneymuxw & Kwakiutl First Nations
• Sally Behn, et al. v. Moulton Contracting, et al.,2013 SCC 26
  Counsel for Intervener, Chief Sally Sam & Maiyoo Keyoh Society
• NIL/TU’O Child & Family Services Society v. BCGEU, 2010 SCC 45, [2010][/2010] 2 S.C.R. 696
  Counsel for Intervener, Kwumut Lelum Child & Family Services Society

BC Court of Appeal

• Prophet River First Nation v. British Columbia, 2017 BCCA 58, Counsel for Appelants, Prophet River First Nation & West Moberly First Nations
• William v. British Columbia, 2012 BCCA 285
  Counsel for Intervener, Treaty 8 First Nations
• Gitga’at Development Corp. v. Hill, 2007 BCCA 158
  Counsel for Petitioner, Gitga’at Development Corporation

Inquiries/Quasi-Judicial

• Commission of Inquiry Into The Decline of Sockeye Salmon in the Fraser River (Cohen Commission) – October 2010 – September 2011
  Counsel for Western Central Coast Salish Standing Group (Cowichan, Penelakut, Hwlitsum, Chemainus First Nations & Te’mexw Treaty Association)
• Site C Joint Review Panel – May 2011 – October 13, 2014
  Counsel for Halfway River, Prophet River, Doig River & West Moberly First Nations
• Trans Mountain Expansion Project – National Energy Board – ongoing
  Counsel for Shackan Indian Band

Negotiation

• Counsel for several First Nations negotiating Economic Benefits Agreements and Collaborative Management Agreements with British Columbia Government
• Represented several First Nations in the negotiation of Impact Benefit Agreements in the wind and run-of-river sector
• Ongoing involvement in the drafting and negotiation of specific claims as well as comprehensive claims negotiations under the BC Treaty Commission Process

Economic Development

• Counsel for First Nations and First Nations controlled-entities on several on-reserve developments, including: pre-paid 99 year condominium leases, shopping centres, office buildings and First Nation heritage centre
• Frequent advisor to First Nations and First Nation-owned entities on proper business structures and tax planning
• Assistance with financing for First Nation-owned forestry, fishing, shellfish aquaculture and energy generation businesses

Strategic Planning

• Counsel to First Nations Child and Family Services Agencies seeking delegated child welfare authorities from the Province
• Assist First Nations with the development of governance materials and the development of policies
• Drafting of laws and bylaws to assist First Nations in managing their own affairs
• Provide strategic employment advice to First Nations’ employers

Professional and Community Activities:

• University of Victoria Adjunct Professor, Indigenous Lands, Resources & Governance January 2019 to date
• Member of the Law Society of British Columbia since May, 2000
• Chair, Indigenous Justice Advisory Committee, Canadian Bar Association 2019-2021
• Aboriginal Law Representative, Federal Court Bench & Bar Liaison Committee, 2019-2021
• Regular Presenter at Continuing Legal Education and Aboriginal law conferences including:
  • Osgoode Certificate in Fundamentals of Aboriginal Law
  • CBA Aboriginal Law National Conference
  • Pacific Business & Law Institute
• House of Commons Standing Committee on Aboriginal Affairs:
  • Witness, Bill C-45, Proposed Amendments to the Indian Act, November 19, 2012
  • Witness, Economic Development & Land Use, June 12, 2012 & December 3, 2013
  • Witness, Bill C-427, Proposed Amendments to the Indian Act, April 29, 2014

For a list of John’s published articles and speaking engagements, please click here.

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