Mary Macaulay Partner


Phone: 604-558-8042
Fax: 604-681-0959
Email: mary@mandellpinder.com
Assistant: Monica Shackelly | monica@mandellpinder.com

Professional Summary

Professional Summary

For more than 20 years Mary has acted as counsel for First Nations in Aboriginal litigation, as well as in commercial and personal injury cases.  She has appeared in B.C. and Ontario Supreme Courts, Federal Court and before the Courts of Appeal. Mary is the author of the litigation handbook Aboriginal & Treaty Rights Practice (Carswell, textbook and bi-annual subscription service, originally published in 2000), and co-author of “Snow Houses Leave no Ruins”: Unique Evidence Issues in Aboriginal and Treaty Rights Cases (The Saskatchewan Law Review, 1996, vol. 60).

Throughout her career Mary has taken part in the practical and academic development of the law on aboriginal litigation issues, both as chair and presenter at legal conferences, as well as serving as a member of the executive and as co-chair of the Canadian Bar Association- Ontario, Aboriginal Law Section (1995-1998). For several years she was an instructor for the Continuing Legal Education’s Annual Advocacy Skills Workshop. In addition to arts and law degrees, she holds a Master of Laws focusing in Alternative Dispute Resolution from Osgoode Hall Law School (1997). 

Mary has a strong interest in the visual arts. She has served as a board member of the Contemporary Art Gallery, Vancouver’s only public art gallery dedicated to the exhibition of and education about contemporary art (2000-2006), and is currently an honourary council member of the Canadian Society for the Decorative Arts and a director of the Western Front, an artist run center for contemporary art and new music located in Vancouver.

Publications & Presentations

Publications & Presentations

Aboriginal & Treaty Rights Practice (Toronto:  Carswell, 2000) (loose leaf service, updated bi-annually)

“Snow Houses Leave no Ruins”: Unique Evidence Issues in Aboriginal and Treaty Rights Cases,  The Saskatchewan Law Review, 1996, vol. 60 (Brian Gover, co-author)

“Good Governance and Community Assets” prepared for the Affinity Institute’s Building First Nation Economies: Tax, Governance & Business Structures Conference December 2, 2015

“Aboriginal Litigation Practice Update” prepared for Pacific Business & Law Institute’s Aboriginal Law 2014: Current Issues Conference, May 28 -29, 2014

“Shareholder and Member Rights in Aboriginal Corporations and Societies” prepared for the Federated Press’ Second Mini LLB for Aboriginal Leadership, March 3-4, 2014

“Interlocutory Injunctions and the Duty to Consult” prepared for Pacific Business & Law Institute’s Consultation & Accommodation: Exploring Current Duties Conference, September 11, 2012

“Aboriginal Litigation Practice Update: Recent Caselaw on Injunctions, Parties and Conflict Issues” prepared for the Canadian Bar Association Alberta, Aboriginal Law Section (South) meeting, June 15, 2012

“Ethical Issues in Aboriginal and Treaty Rights Cases” prepared for Pacific Business & Law Institute’s Litigating Aboriginal Claims Conference, June 24-25, 2010

“Evidence and Procedural Law Update 2009-2010” prepared for Pacific Business & Law Institute’s Aboriginal Law: Current Issues Conference, March 4, 2010

Procedure and Evidence Law Update: 2008-2009 prepared for the Pacific Business & Law Institute’s Aboriginal Rights and Title in Canada Conference, February 26-27, 2009

“Practice Issues” prepared for the Pacific Business & Law Institute’s Roger William – The Immediate Impact and Next Steps Conference, March 4-5, 2008

“Enforcing Reconciliation: Judicial Policing of the Crown-Aboriginal Relationship – Vehicles and Limitations” prepared for the Advocates’ Society Annual Fall Convention, Bahamas, November 15-18, 2007

“Procedural Law Update: 2006-2007” prepared for the Pacific Business & Law Institute’s Aboriginal Law 2007 Conference, February 8, 2007

“Procedural Law Update: 2005-2006” prepared for the Pacific Business & Law Institute, Aboriginal Law 2006 Conference, March 9, 2006

“Engaging Experts in the Consultation Process” prepared for EAGLE (Environmental-Aboriginal Guardianship through Law and Education) Conference, November 17, 2005

“Litigation Issues:  An Update of Evidentiary and Procedural Law Developments” prepared for the Continuing Legal Education Society of British Columbia Conference, June 11, 2004

The Use of Expert Evidence in Aboriginal Rights Litigation, presentation for the Canadian Bar Association, B.C., Aboriginal Law Section meeting, November 30, 2000

“Claims Against Private Property Owners: Procedural Issues and The Chippewas of Sarnia Band v. Attorney General of Canada” prepared for the Continuing Legal Education Society of British Columbia Conference, June 22, 2000

The Chippewas of Sarnia Band v. Attorney General of Canada:  The Claim Against the Private Property Owners” prepared for a conference hosted by the Pacific Business & Law Institute, June 7, 2000

Co-Chair, Canadian Bar Association – Ontario, Natural Resources and Energy and Aboriginal Law Section Joint Program Conference and presented paper “Considering Culture: The Impact of Cultural Differences in Business Transactions and Negotiations Involving First Nations”, April 15, 1998

Chair, Canadian Bar Association – Ontario, Institute of Continuing Legal Education, Aboriginal Law Section Conference:  Aboriginal Rights and Remedies: Interlocutory Relief and the Agreement Alternative, and presented paper “Certificates of Pending Litigation and Caveats”,  January 31, 1997

Steering Committee, Canadian Bar Association – Ontario, Aboriginal Law Section and Canadian Aquatic Resources Section of the American Fisheries Society Conference, In the Spirit of Cooperation: Aboriginal Fishing, Traditional Values and Evolving Resource Stewardship, Wahta Mohawks Conference Centre, Bala, Ontario, September 27-29, 1996

Chair, Canadian Bar Association – Ontario, Aboriginal and Constitutional Law Sections Conference, and presented paper “‘Snow Houses Leave No Ruins’: Unique Evidentiary Issues in Aboriginal and Treaty Rights Cases”,  October 24, 1995

“Contaminated Blood Products: The Hospital’s Exposure”  co-presented with Nancy Spies at The Canadian Institute, Hospital Liabiity Conference, March 9, 1993

Other Activities

Guest Instructor, Aboriginal Rights and Title Litigation: Procedure and Practice, Law 481, University of British Columbia Course, October 9, 2002

Instructor, Office of the Chief Judge, Ontario Court of Justice (Provincial Divison), Seminars on Aboriginal and Treaty Rights for Ontario Trial Justices of the Peace, 1996

Guest Instructor, The Continuing Legal Education Society of British Columbia, Trial Advocacy Workshop, 1999-2004


Education

LL.M. Osgoode Hall Law School (Alternative Dispute Resolution), 1998

LL.B. Osgoode Hall Law School (Criminal Law Intensive Program), 1990

Professional Standing & Affiliations

Member, Law Society of B.C. (1998)

Member, Law Society of Upper Canada (1992)

Member, Law Society of Alberta (2018)

Member, Canadian Bar Association

Member, The Advocates’ Society