Brenda E. Gaertner
Partner, Mandell Pinder LLP
Phone: 604.566.8560
brenda@mandellpinder.com
Assistant: Amy Burrows | amy@mandellpinder.com
Profile
Brenda Gaertner was called to the bar in 1984 and has been with Mandell Pinder
almost since its inception. She provides advice to indigenous governments on
aboriginal title and rights, modern (self) government, natural resource
management and economic development. Her work primarily focuses on negotiations
and facilitation, including governance and resource management, impact-benefit
agreements, and economic development within traditional territories and on
reserves. She has provided legal, policy and negotiating advice to a number of
Nations regarding BC Hydro facilities, including consideration of footprint and
ongoing impacts of hydroelectric facilities.
Brenda assists in the formation of improved working relationships between First
Nations, other governments and business partners in a variety of ways. She is
particularly interested in working with indigenous governments to create modern
governance structures for land and resource management, economic development and
government-to-government relations. In addition, Brenda has assisted a number of
First Nation communities to conclude specific claim settlements with the federal
Crown. Brenda also offers facilitation and mediation services to First Nation
governments and organizations that are interested in pursuing common goals
and/or resolving disputes outside the courts.
Throughout her career Brenda has worked with Aboriginal people in their pursuit
of the recognition of aboriginal title and rights to healthy fisheries, helping
to find ways to ensure that those fisheries are sustained for present and future
generations. She has a long history of working with First Nation communities who
rely upon the fisheries of the Fraser River. Recently she has found herself
swimming upstream in the Cohen Inquiry on the Fraser River Sockeye.
In addition to a number of large on reserve residential and commercial
development projects, Brenda assists First Nations in initiating and concluding
joint ventures, located on and off reserve, for such things as independent power
projects, film industry projects, as well as fishing, forestry, and other
resource extraction/processing operations. These ventures have included both
incorporated and unincorporated joint ventures, limited partnerships and the
creation and use of trusts.
Education
| LL.B | Osgoode Hall Law School, York University, 1983 |
| B.A. | Criminology, Simon Fraser University, 1978-80 |
Professional Standing
Member, Law Society of B.C. (1984)
Selected Publications
The Scope of Section 35 Fishery Rights: A Legal Overview and Analysis
(Prepared for the First Nations Panel on Fisheries, March 31, 2004).
Establishing a Fraser Watershed Process (Prepared for Fraser River
Aboriginal Fisheries Secretariat, August 8, 2003).
Other Activities
Kayaking, hiking, national and international travel.
Meditation, yoga, gardening.
Steward of Equinox Gardens, Gabriola Island, a sanctuary for meditation, retreat, music and dance.
