Background

Cynthia Westaway is the Regional Leader of the Aboriginal Law Group in our Ottawa office and Counsel in the area of public law. 

Prior to joining BLG she served as the Head of the Justice Legal Service Unit to the Department of Foreign Affairs and International Trade and as Director of the Trade Law Bureau.

She has 10 years of experience at the Federal Aboriginal Affairs Portfolio (AAP) where she advised on self-government negotiations for the Aboriginal Justice Directorate and led the consultation and accommodation file at the Aboriginal Law and Strategic Policy section. In her last years at the AAP, Cynthia was a Team Leader at the Resolutions Branch for litigation across Canada on Aboriginal rights and title, treaty and Métis issues.

Cynthia previously worked as an associate lawyer in the fields of Aboriginal, labour and employment law.  She also gained experience in labour law as in-house Counsel to the Canadian Association of University Teachers.

Cynthia has served as a law clerk at both the Supreme Court of Canada for Madame Justice L’Heureux-Dubé (1998) and the Federal Court for Justice Yvon Pinard (1994).  She holds a comparative Aboriginal law masters degree from the University of Ottawa, completing half of her study at the Washington College of Law at American University. She obtained her law degree from the University of Western Ontario and a Diplôme français juridique from the University of Laval in Québec City.

Areas of Practice

• Aboriginal Law with a focus on consultation and accommodation, rights, title and treaty, governance and business development
• Natural Resource and Energy Law as it intersects with Aboriginal lands, interests and economic development
• Public Law, with a focus on judicial review, human rights and constitutional challenges
• Labour and Employment Law with a focus on public sector and other human resource related matters.

Professional Experience

Cynthia’s recent mandates have included:

• Representation of First Nation, Métis and Inuit clients in rights, title and Treaty matters;
• Negotiation of consultation and accommodation protocols and agreements;
• General advisory services to Industry, governments, First Nation, Métis and Inuit clients;
• Membership, governance and Band Council matters;
• Advisory services on matters relating to Aboriginal businesses and lands in concert with BLG advisors on development agreements, joint ventures, tax planning, banking and other financial structuring;
• Energy, forestry and other natural resource matters as they relate to Aboriginal law;
• General labour and employment advice;
• General public law and related litigation services; and
• Mediation and arbitration services

Professional and Community Activities

• Member of the Law Society of Upper Canada
• Member of the Canadian Bar Association (Aboriginal, Litigation and International Law sections)
• Member of the Ontario Bar Association (Aboriginal, Litigation and Labour Law sections)
• Guest Lecturer at the University of Ottawa School of Law and American University  Washington College of Law
• Past Adjunct Professor at George Mason University
• Ballet Teacher and Choreographer at the Ottawa School of Dance and Chelsea Fiddleheads Theatre Group

Other Professional Activities, Publications and Speaking Engagements

• “Challenges of Mining Exploration and Development on Reserve Lands”, AANDC Mining Workshop, Toronto, Ontario, March 2012
• “Aboriginal Women in Business: Forging Ahead”, Feminist Legal Studies Queens Conference, Queens University, Kingston, Ontario, March 2012
• “Pulling It Altogether: Ongoing Consultation and Opening Lines of Communication to Maximize Project Success”, Aboriginal Law, Consultation & Accommodation Conference, speaker at The Canadian Institute, Toronto, Ontario, February 2012
• “New Domestic Consultation Jurisprudence”, Aboriginal Energy Forum, December 2011
• “Tensions Inherent in the Implementation of the Declaration”, The United Nations Declaration of Indigenous Peoples, Ryerson University, Toronto, Ontario, November 2011
• “International Legal Protections for Indigenous Cultures and the Use of Animals as a Protected Cultural and Food Resources”, Canadian Council on International Law, Ottawa, Ontario, November 2011
• “Doing Business with Foreign Partners”, Aboriginal Entrepreneurs Conference & Trade Show, Westin Hotel, Ottawa, Ontario, October 2011
• “Analysing the Caselaw: Who Speaks for the Band” and “Consultation and Accommodation: Implications for Industry”, presentations to Chinese Canadian Business Community, Vancouver, British Columbia, August 2011
• “Negotiating and Making Successful Agreements between Stakeholders”, speaker at The Canadian Institute: The Fundamentals of Aboriginal Law, Toronto, Ontario, June 2011
• “Legal Rights of First Nations Regarding Resource Development”, speaker at Infonex Conference on Building Communities and Achieving Sustainability Conference 2011, Calgary, Alberta, April 2011
• “Special Challenges in Aboriginal Litigation”, speaker at The Canadian Institute Conference on Consultation, Toronto, Ontario, February 2011
• “WTO and NAFTA Chapter 11 Litigation and Trade Negotiation Updates”, presentation to Canadian Bar Association, Ottawa, Canada 2007 and 2008
• “Aboriginal Rights and Titles, The Roger Williams Story”, conference paper, Ottawa, Ontario, 2008
• “The Royal Proclamation Reconsidered After Bernard and Marshall”, Aboriginal Affairs Portfolio Conference, Vancouver, British Columbia, 2008
• “Consultation and Comparative Analysis, Canada, United States, New Zealand and Australia”, lectures at Washington College of Law and University of Ottawa, 2007 and 2008
• “Standing and Indigenous Rights at International Law”, American University, Washington D.C., 2007
• “Standing for Collective Rights”, Ontario Bar Association, Toronto, Ontario, 2007
• “Comparative Indigenous Law”, lecture, Georgetown University, Washington D.C., 2006
• “Project Collective Rights: Amending the Federal Court Rules to include Aboriginal Communities”, Department of Justice Litigation Conference, Ottawa, Ontario, 2006
• “Consultation in the Aftermath of Haida/Taku”, Aboriginal Affairs Portfolio, Ottawa, Ontario, 2005
• “Labour Law After Weber”, Canadian Association of Labour Lawyers Conference, Toronto, Ontario, 1998
• “Copyright Legislation and Senate Hearings”, Canadian Association of University Teachers (CAUT), Ottawa, Ontario, 1997