INDIGENOUS PEOPLES AND THE LAW.
Governance. Claims. Negotiation. Advisory.
Aubrey Charette is an Oxford-educated and New York-trained Indigenous lawyer who now works exclusively for First Nation organizations and individuals in Canada.
Services and Areas of Specialty
Aubrey works almost exclusively with First Nation governments, organizations and individuals, and provides a broad range of services, but has particular expertise in:
Specific Claims
Governance & Self-Determination
Indigenous entrepreneurship
Specific Claims
A specific claim is a term for a particular set of claims Indigenous governments have against the federal government, for its historical breaches of legal obligations. They include illegal reserve takings and surrenders, reserve land shortfalls, trust mismanagement, and breaches of the Indian Act or other statutes.
Read More
Aubrey worked for several years as Legal Counsel at the Specific Claims Tribunal, the adjudicative body which provides final resort resolution of these claims. She provided specialised legal advice and adjudicative support to the judges who serve time-limited terms at the Tribunal, providing continuity and guidance in the nascent and evolving area of the law that the Tribunal applies.
She has also worked with First Nations clients on over a dozen specific claims, in every region of the country except for the North and Quebec. She offers support in all stages of a claim, including:
- Researching and conducting preliminary analyses regarding the viability of a claim
- Retaining and working with historical researchers and other experts to validate a claim
- Drafting claims submissions for the Specific Claims Branch
- Negotiating claims with the Specific Claims Branch process or at the Tribunal
- Working with experts to value and substantiate claims during negotiations
- Drafting and filing claims for the Specific Claims Tribunal
- Preparing for and conducting oral history and expert hearings
- Participating in judicial reviews of Tribunal decisions
- Engaging in community consultations at all stages of a claim, from its development to its negotiation to its resolution
Indigenous entrepreneurship
Having commenced her legal career at a corporate law firm and with a background in economic development, Aubrey has a strong personal and professional interest in promoting entrepreneurship in First Nation communities.
Read More
She has worked with several Indigenous entrepreneurship programs to provide pro bono legal advice in the early stages of business development, and the individuals she has met have only strengthened her interest and commitment in this area.
Aubrey arranges a pro bono legal clinic for Indigenous entrepreneurs once a month, in which Indigenous entrepreneurs may book a time slot for pro bono legal advice. They may raise specific questions or simply discuss their business ideas or operations and consider ways in which legal issues may arise or legal tools can assist.
Governance & Self-Determination
Aubrey aims to support the self-determination of First Nations in any way possible and works to develop and improve governance structures and capacities in a variety of ways.
Read More
This includes:
- Negotiating self-government agreements
- Developing and drafting constitutional principles and documents
- Developing First Nation laws on
- Land management
- Citizenship
- Elections
- Matrimonial real property
- Community engagement on all matters listed above
- Providing general-counsel advice on the range of issues bands face on an ongoing basis, including:
- Land disputes under CP or custom holdings
- Litigation risk assessments of policy or band decisions
- Industry consultation requests and engagement
- Drafting and reviewing contracts and policies
About
Aubrey Charette is an Oxford-educated and New York-trained Indigenous lawyer who now works exclusively for First Nation organizations and individuals in Canada. She is a sole practitioner, but often collaborates with other lawyers and professionals on larger matters, and has a specialized interest both specific claims and supporting Indigenous entrepreneurs.
Aubrey obtained a Bachelors and Masters degree from Oxford University in Politics, Philosophy and Economics, and worked for a number of years in the field of economic development. She worked for the United Nations and other international organizations in Europe and the South Pacific, and also advised Aboriginal financial institutions in Canada. The latter work piqued her interest in law, and she obtained civil and common law degrees from McGill University with the assistance of several scholarships.
Called to the bar in New York in 2010, Aubrey spent her first years of practice at an AmLaw 100 law firm in New York City. She provided high-level advice to multinational clients on a range of commercial issues, from contract and tort disputes to corporate governance, anti-trust, and bankruptcy and insolvency matters. She also advocated for clients in hearings, trial, arbitration and mediation in the firm’s litigation practice. She also undertook several compelling pro bono engagements, including pioneering a program to support individuals seeking consumer bankruptcy protection, and election monitoring in Sioux communities in South Dakota.
Aubrey returned to Canada in 2014 and worked as Legal Counsel to the Specific Claims Tribunal, an adjudicative body dedicated to the final resolution of historical breaches by the Crown of its legal obligations to Indigenous people. While on leave to live in Istanbul, Turkey, she worked with individual First Nation clients on a variety of matters, including litigation and advisory services. She resumed that work in 2020, as the pandemic hit, and thus has spent more time in her home office than she had planned.
While she is a sole practitioner, Aubrey works with other smart and resourceful lawyers and other professionals on most matters, firmly believing that lawyers work better in teams. This also enables her to be involved with larger files, and she has been gratified to undertake interesting and complex specific claims, ongoing general advisory and governance work as well as important litigation matters, including at the Supreme Court of Canada. She has lectured at the University of Manitoba and the University of Saskatchewan, and has done several legal clinics in Indigenous entrepreneurship programs. Through those clinics, she has really come to enjoy working with small and/or new Indigenous entrepreneurs, to assist in making the law useful, accessible and not intimidating. She prefers developing long-term relationships with her clients, is tenaciously scrupulous about billing for value only, and probably does more pro bono work than she should.
Last but definitely not least, Aubrey is a member of Kitigan Zibi Anishinabeg First Nation, located about 1.5 hours north of Ottawa. She tries to visit the community regularly, at least in non-covid times. Her grandfather, Clarence Chabot, was born and raised on the reserve, and her father, John Chabot, is active in the community. She is very involved with the charity First Assist, and encourages everyone who has read this far to continue to its website firstassist.ca
Memberships & Education
- Member, Indigenous Bar Association, 2015 – present
- Member in Good Standing, Law Society of Ontario (2015)
- Member in Good Standing, New York Bar (2011)
- Board Member & Treasurer, First Assist (2021-present)
- Board Member, War Child Canada (2010-2014)
- McGill University, LL.B., B.C.L. (2010)
- Oxford University, M.A. Hons., Politics & Economics (2004)
- Oxford University, B.A. Hons., Politics, Philosophy & Economics (2002)
HERE TO HELP.
Please send Aubrey an email using the form below. Truly we are here to help.