Alex Arsenault
Alex’s practice is focused on supporting Indigenous self-determination.
Alex represents First Nations in Aboriginal title and rights litigation, judicial review applications, consultations, and negotiations. His advocacy includes assisting First Nations at every step of the litigation process, including pre-litigation strategy and preparations.
Alex also specializes in First Nation governance. His governance practice centres on innovative and responsive solutions through by-law and legislative drafting, structuring protocols and agreements, and engaging directly with community.
Additionally, Alex regularly assists applicants in Indian status applications. Alex practices in English and French.
Profile
Alex was called to the bar in 2019. Alex joined Mandell Pinder LLP as an articling student in 2018 and continues his work as an associate with the firm.
B.C.L./LL.B., McGill University (2017)
B.A., Communications and Cultural Studies, Concordia University (2014)
Represented and assisted First Nations in Supreme Court of British Columbia, Federal Court, and Specific Claims Tribunal, including represented Musqueam Indian Band as a defendant in Aboriginal title litigation affecting Musqueam’s rights:
- Cowichan Tribes v Canada (Attorney General), 2020 BCSC 1498
- Cowichan Tribes v Canada (Attorney General), 2022 BCSC 933
- Cowichan Tribes v Canada (Attorney General), 2022 BCSC 1586
- Cowichan Tribes v Canada (Attorney General), 2022 BCSC 2053
Developed approaches and strategies to implementing free, prior, and informed consent (FPIC) protocols, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and section 7 consent agreements under the Declaration on the Rights of Indigenous Peoples Act, [SBC 2019] c 44.
Drafted legal opinions on historical reserve creation, breach of the duty to consult, and breaches of Aboriginal rights and title.
Drafted and reviewed First Nations election codes, housing acts, trespass acts, among others.
Created strategies with client archival departments for document management strategies in preparation for litigation and negotiations, including oral history and community knowledge.
Represented a First Nation in consultation for forestry-related matters.
Facilitated and presented at multiple community engagements across British Columbia, including topics like FPIC, UNDRIP, and Indigenous childcare and early learning.
Successfully supported clients in completing various government applications including applications for Indian status, charity status, and qualified donee status.
Member, Law Society of British Columbia
Member, Canadian Bar Association
Board member on the H.I.M. clinic board of directors.