Clarine (Clo) Ostrove

Managing Partner, Mandell Pinder LLP

Phone: 604.566.8553
clo@mandellpinder.com

Assistant: Jennifer Allan | jennifer@mandellpinder.com


Profile

As managing partner at Mandell Pinder LLP, Clo has been a dynamic and stable force in the firm since its inception in 1983.  Early in her career she coordinated the legal teams involved in successfully defending the Band members from many communities who were charged with occupying the Department of Indian Affairs to force changes in the administration of federal constitutional responsibilities for aboriginal affairs. Since then, she has been co-counsel on the pivotal cases which have established the law on the protection and advancement of aboriginal rights and title ( Macmillan Bloedel v. Mullin (1985), 61 B.C.L.R. 145 (B.C.C.A.), Claxton v. Saanichton Marina (1987), 18 B.C.L.R. (2d) 217 (B.C.S.C.); (1989), 36 B.C.L.R. (2d) 79 (B.C.C.A.), Pasco v. C.N.R. Co. (1985), 69 B.C.L.R. 76; [1986] B.C.J. No. 595 (B.C.C.A.).  She appeared before the Supreme Court of Canada on behalf of the interveners, the Okanagan Nation Alliance and the Shuswap Nation Tribal Council in Regina v. Sappier; Regina v. Gray, 2006 SCC 54; 2 S.C.R. 686 . In a landmark ruling, the Court accepted the interveners' arguments and held that there is an aboriginal right to cut timber for domestic purposes within traditional territories.

In keeping with the collaborative approach of the firm, her work involves:

  • participation on the firm's legal teams advancing aboriginal and treaty rights through the courts
     
  • developing and drafting specific claims for submission to Canada
     
  • negotiating settlements of historic grievances 
     
  • advising on consultation and drafting accommodation agreements
     
  • negotiating resolution of reserve land issues, such as rights-of-way for roads and hydro

Clo has been counsel to the Indian Taxation Advisory Board, a First Nations' board facilitating the exercise of taxation jurisdiction on reserve. Devoted to seeing First Nations institutions recognized by the Canadian legal system, she has worked with the Board to manage its transition into the First Nations Tax Commission, an independent statutory body under federal legislation.

Clo has been a staunch proponent of the jurisdiction of First Nations to be able to protect their children through the defence of the Spallumcheen Child Welfare By-law.

During a leave from the firm, Clo taught college courses at the Native Education Centre.  She was also a staff lawyer at the Law Society of British Columbia, the body which governs lawyers in the Province.

Clo values the time she spends in native communities where she is committed to exploring the potential of the law in assisting the aspirations of First Nations.


Education

LL.B University of British Columbia, 1981
   
M.A. Educational Psychology, University of Colorado (Boulder), 1974

 

Professional Standing

Member, Law Society of B.C. (1982)


Selected Publications

Bill C-30: Specific Claims Tribunal Act – Is it Justice at Last? prepared for a conference held in Vancouver, B.C., hosted by the Pacific Business & Law Institute, March 6, 2008.

Limitations on Specific Claims in the Courts, prepared for the National Claims Research Workshop held in Victoria, B.C., October 30-November 1, 2007.

From Totems to Trees: Reflections on Intervening in Gray and Sappier, prepared for a conference held in Vancouver, B.C., hosted by the Pacific Business & Law Institute, February 8-9, 2007.


Courses and Lectures

Frequent speaker at land claims workshops hosted by Union of B.C. Indian Chiefs and at the National Claims Research conferences.


Other Activities

Spending her spare time on Galiano Island with her partner and her dog, Clo loves pulling weeds, reading book reviews, and listening to rock and roll.