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    John Gailus
    Mobile 250.514.9955


John W. Gailus

After graduating from the University of Alberta in 1993, John 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 expertise in economic development of reserve land. John parlayed his DIAND experience into a law practice focussed on Indian Act issues, corporate law, commercial leasing disputes, aboriginal and treaty rights litigation, consultation, labour and employment and taxation. John has served as counsel at all levels of federal and provincial courts, including the Supreme Court of Canada. He has been general counsel for several First Nations and First Nation organizations in British Columbia.

John has extensive experience dealing with Indian Act issues, carving out a niche in the areas of economic development on reserve, additions to reserve, specific claims and bylaw development. In his position as Senior Land Management & Leasing Officer, John advised on the Nisga'a Treaty, liaised with Counsel on the Musqueam Park case, and regularly prepared briefing materials for the Minister and senior bureaucrats on the relevant issues of the day. This experience with DIAND has allowed John to effectively assist First Nations to overcome the bureaucratic and legal hurdles that are often presented by the federal government as obstacles to First Nation self government and economic development.

As counsel, John has represented individual First Nation members before the courts on issues of aboriginal and treaty fishing rights and income taxation. He has extensive experience advising First Nations in rent disputes relating to the valuation of reserve lands and litigating those issues before the courts. John has also been counsel for First Nations' organizations involved in wrongful dismissal suits brought by former employees of the organization. He continues to assist First Nations and First Nations' organizations with labour and employment issues.

John is a member of the Haida Nation and the Indigenous Bar Association. He has been a contributing editor to Native Law and a guest instructor in aboriginal law issues at the Faculty of Law, University of Victoria.


Publications:

Utilizing Indian Act By-laws as a Tool of Self-Government
Reconciliation Act: No Land-Use Veto to First Nations
Delegated Authority to First Nations for Child Welfare
Duty of Consultation and Treaty No. 8
Unique Aspects in the Management of Aboriginal Estates
Land Management and Economic Development Under the Indian Act
Planning, Purchasing, and Partnering: How First Nations are Gaining Ground in British Columbia's Slumping Forest Sector
Development of Land on Reserve: Practical and Legal Considerations







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