Keith Bergner

Indigenous Law; Environmental & Regulatory; Litigation & Dispute Resolution

Keith advises private sector, public sector and government clients on Indigenous law and regulatory matters. He has appeared as counsel before numerous regulatory tribunals and all levels of Superior and Appellate Courts (both Federal and Provincial), including the Supreme Court of Canada. He has acted for clients in a number of natural resource industries including hydro-electric generation and transmission, oil and gas, mining, aquaculture, forestry, transportation and independent power projects. His practice extends throughout Western Canada and the North (Northwest Territories, Nunavut and Yukon).

In the area of Indigenous law, Keith advises governments, Crown corporations and private sector clients on the extent of the duty to consult and, if necessary, accommodate, in respect of potential adverse effects to Indigenous rights or title by major industrial projects. He advises on the development of consultation programs and has negotiated several dozen impact-benefit agreements with First Nations. Keith acts as hearing counsel for proponents seeking regulatory permits and approvals. He also represents project proponents and governments in appeals and judicial reviews challenging project approvals.

In the area of regulatory/energy law, Keith acts as counsel for proponents and users of energy, mining and other natural resource projects. He appears regularly before administrative tribunals, including the National Energy Board and the British Columbia Utilities Commission. He also appears as counsel on appeals or applications seeking judicial review of decisions by administrative boards and tribunals.