1600 Centennial Place
520 3rd Avenue SW
Calgary AB T2P 0R3


Phone: 403.693.4319
Fax: 403.508.4349
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Clayton Leonard

Partner Calgary

Clayton Leonard’s practice focuses on consultation issues between Aboriginal governments, the resource sector and other levels of government. A significant amount of Clayton’s practice relates to water management and allocation, Treaty and Aboriginal water rights and other water issues facing First Nations. Clayton also has significant experience regarding First Nation Treaty and Aboriginal rights matters, Métis Aboriginal rights, Aboriginal governance issues, negotiating impact benefit agreements and land claims.

Representative Work

  • Advisor to a number of First Nations on water and wastewater infrastructure including water supply agreements, licensing and regulatory issues, and participation in regional water systems.
  • Counsel to the Chiefs Water Committee of the Assembly of Treaty Chiefs (Alberta) on the first federal legislation First Nation drinking water.
  • Successfully negotiated a number of impact benefit agreements resulting in substantial community benefits and economic development opportunities for First Nations in the resource sector.
  • Has briefed the Assembly of Treaty Chiefs (Alberta) a number of times on current consultation, water and Treaty rights issues.
  • Counsel to First Nations in Alberta on the development and review of the Government of Alberta's First Nations Consultation Policy.
  • Counsel to a First Nation on the creation of a new service rig company, one of the first to be wholly owned and operated by one First Nation, resulting from a collaboration between a major oilsands producer and the First Nation.

Papers & Presentations

  • "Aboriginal Consultation and Emerging Water Issues", 3rd Annual Western Aboriginal Consultation for Industry (Canadian Institute, 2010). 
  • “Water Rights and Water Stewardship: What About Aboriginal Peoples?” by David K. Laidlaw and Monique Passelac-Ross, Canadian Institute of Resource Law, 2010-#107 (Reviewer). 
  • "Watered Down: Issues Surrounding Water Use, Legislation and Policy in Southern Alberta", G. Rangi Jeerakathil and Clayton Leonard, in Environmental Law: The Year in Review 2007, ed. S. Berger and D. Saxe (Canada Law Book: Aurora, 2008). 
  • “Treaty Water Rights, the Duty to Consult and Accommodate, and Alberta’s Water Management Planning Process”, Alberta First Nations Technical Advisory Group (2007). 
  • “Neither Fish nor Indians: Pursuing Crown-Métis Relations through Historical Evidence Concerning Policies and the Constitution Act, 1930”, by Dr. F. Tough in Crown-Métis Relations: Section 91(24) of the Constitution Act, 1867 (Law Commission of Canada and Métis National Council: 2007) (Researcher). 
  • “As Long as the Sun Shines and the Water Flows…: the ‘Made in Alberta’ Consultation Policy and Treaty Water Rights”, Assembly of Treaty Chiefs – Alberta (2006). 
  • “The Duty to Consult and Historical Research”, Faculty of Native Studies, University of Alberta (2006). 
  • “South Saskatchewan River Basin Water Management Plan”, Treaty 7 Chiefs’ Association (2006). 
  • “What’s the Difference? Consulting with Treaty First Nations and the Métis”, Infonex Conference (2005). 
  • “Alberta’s First Nations Consultation Policy”, Treaty 7 Chiefs’ Association (2005). 
  • “Alberta’s Interim Métis Harvesting Agreements and Treaty 7”, Blackfoot Confederacy Annual Conference (2005). 
  • “Importance of Freshwater Fish to the Métis of Western Canada”, by Dr. F. Tough for R. v. Laviolette, 2005 SKQB 61 (Contributor). 
  • “A New Era in Métis Constitutional Rights: The Importance of Powley and Blais”, Catherine Bell and Clayton Leonard, (April 2004) Alberta Law Review (Vol. 41, No. 4).

Awards & Distinctions

  • Harris Gillespie Field, Q.C. Prize in Environmental Law (2002) 
  • Harold Lawrence Hawe Bursary (2000) 
  • Johnny Sampson Prize in Native Studies (2000)
Expertise
Education & Qualifications

Alberta Bar (2004)

LL.B. (Alberta, 2003)

B.A. Native Studies with Distinction (Alberta, 2000)