Mary Locke Macaulay
For more than 25 years Mary has acted as litigation counsel in Aboriginal and treaty rights cases, as well as in the area of commercial and personal injury law. She has appeared before B.C. and Ontario Supreme Courts, Federal Courts and in the Courts of Appeal. She was counsel in the precedent setting B.C. Court of Appeal fiduciary duty case Louie v Louie. Most recently she acted as co-leading counsel for Musqueam Indian Band in the lengthy Cowichan Tribes v. Canada et al Aboriginal title and rights trial.
Throughout her career, Mary has combined the practical and academic development of the law as the author of the litigation handbook Aboriginal & Treaty Rights Practice (Thomson Reuters), now in its 25th year of publication. She is also the author of “Snow Houses Leave No Ruins”: Unique Evidence Issues in Aboriginal and Treaty Rights Cases (The Saskatchewan Law Review, 1996), and of many papers and presentations at legal conferences over the years.
Mary has been identified as a leading lawyer in the Lexpert Directory in the field of Aboriginal law for many years, and since 2022 she has been selected by her peers for inclusion in The Best Lawyers in Canada in the field of Aboriginal Law/Indigenous Practice.
Mary has a strong interest in the visual arts and is currently serving on the board of governors of Emily Carr University of Art & Design.
Profile
Mary was called to the bar in Ontario in 1992, to the BC bar in 1998 and to the bar of Alberta in 2018.
LL.M., Alternative Dispute Resolution, Osgoode Hall Law School (1998)
LL.B., Criminal Law Intensive Program, Osgoode Hall Law School (1990)
Mary has represented clients in a wide range of litigation matters, including Aboriginal title and rights, treaty rights and fiduciary duty cases. Mary has appeared as litigation counsel in BC, Alberta and Ontario Supreme Courts, Federal Court and before Courts of Appeal.
Representative Aboriginal law cases:
Represented the defendant Musqueam Indian Band as co-leading counsel in a lengthy Aboriginal title and rights case, Cowichan Tribes et v. Attorney General of Canada.
Represented the plaintiff/appellant Wayne Louie in Louie v Louie (fiduciary duty)
Represented the plaintiffs/appellants as co-counsel in Spookw v Gitxsan Treaty Society (winding up, oppression, fiduciary duty)
Represented the defendants as a team member in British Columbia (Minister of Forests) v Okanagan Indian Band (Aboriginal title and rights, practice)
Represented the plaintiffs as a team member in Hereditary Chiefs of the Kwakiutl Nation v Attorney General of Canada et al (treaty rights, practice)
Represented the plaintiff Chippewas of Sarnia Band as team member in The Chippewas of Sarnia Band v. Attorney General of Canada (reserve surrender)
Represented the intervenor Haida Nation as a team member in Moresby Explorers Ltd. v Canada (Attorney General) (administrative and constitutional law)
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 (1992)
Books & Publications
Aboriginal & Treaty Rights Practice. (Thomson Reuters, 2000) (looseleaf service)
First published in 2000, and updated bi-annually, this book identifies and examines the civil procedure and evidentiary issues that arise in Aboriginal and treaty rights cases across Canada. As noted by Hon. Ian Binnie, C.C, K.C, retired Justice of the Supreme Court of Canada, “Mary Macaulay’s book pulls the strands of Aboriginal rights and treaty procedure together in a single, practitioner-friendly volume. She provides a quick reference to pitfalls and provides useful guidance on how to avoid them. The book will be indispensable to bench and bar alike.”
“Snow Houses Leave No Ruins”: Unique Evidence Issues in Aboriginal and Treaty Rights Cases (The Saskatchewan Law Review, 1996)
Published in 1996, this article focusses on the evidentiary issues arising in Aboriginal and Treaty rights cases, a topic which was further developed four years later in the evidence chapter of Aboriginal & Treaty Rights Practice.
Papers & Presentations
“Adding Indigenous Party Defendants in s. 35 Litigation”, prepared for Pacific Business & Law Institute’s Developments in Aboriginal and Indigenous Law 2024 Conference, October 22, 2024
“Conflicting Claims in s. 35 Litigation: Complex and Complicated Multilateral Problems”, prepared for Pacific Business & Law Institute’s Developments in Aboriginal and Indigenous Law 2020 Conference, October 27-28, 2020
“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 Liability Conference, March 9, 1993
Mary’s interest in the visual arts has brought her to serve on the boards of several artistic institutions. She is currently a member of the board of governors of Emily Carr University of Art & Design and chair of the board’s governance committee. Previously she has been a member of the board of the Western Front (a Vancouver-based artist-run center for contemporary art and new music), and the Contemporary Art Gallery. She is also an honorary council member of the Canadian Society for the Decorative Arts.