Cheryl Sharvit
Cheryl is passionate about advancing Indigenous perspectives and in the intersection between social justice and the environment. She is inspired by Indigenous Peoples’ efforts to reclaim their roles as the stewards of their lands and resources for future generations and is honoured to work with them towards ensuring a healthy and abundant future. Cheryl represents clients in the Supreme Court of British Columbia, Court of Appeal for British Columbia, Federal Court of Canada, Federal Court of Appeal, and Supreme Court of Canada. Cheryl also represents clients in negotiations, primarily regarding natural resource issues.
Cheryl is currently the co-lead counsel for the Musqueam Indian Band in the Cowichan Tribes v Canada Aboriginal Title and Rights litigation.
Cheryl Sharvit was selected by her peers for inclusion in the 2019-2025 editions of The Best Lawyers in Canada™ in the field of Aboriginal law / Indigenous Practice. Cheryl has also been named by Lexpert as a leading practitioner in Aboriginal Law for the past several years.
Profile
Cheryl was called to the bar in 1999 and joined Mandell Pinder LLP in September, 2006.
LL.M., Natural Resource and Aboriginal Law, University of Calgary (1999)
LL.B., Osgoode Hall Law School (1995)
Academic awards:
University of Calgary Faculty of Law Scholarship (1996/1997)
Graduate Research Scholarship (1995/1996 and 1996/1997)
Alberta Law Foundation Graduate Scholarship (1995/1996)
Weir and Foulds Prize in Administrative Law (1993)
Cowichan Tribes v Canada (Attorney General), 2022 BCSC 1586 – successfully defended an application to admit into evidence findings of fact from a decision of another court where the prior court did not consider relevant Indigenous legal and social systems and rules
Cowichan Tribes v Canada (Attorney General), 2022 BCSC 933 – established that expert evidence is not required to determine the admissibility and reliability of oral history evidence, and that oral historians can provide the Court with evidence about how oral history is transmitted and preserved, and that interpretation and context are admissible elements of oral history.
Member of the legal team representing the Haida Nation at all levels of court in Haida Nation et al. v. British Columbia (Minister of Forests) et al., [2004] 3 S.C.R. 511; 2004 SCC 73, a case in which the Supreme Court of Canada established the legal and constitutional duty on the Crown to consult and accommodate Indigenous Peoples when making decisions that could potentially impact their Aboriginal title and rights.
Represented the Metlakatla Band, with Maria Morellato, Q.C., before the Supreme Court of Canada in Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, and the First Nations Summit in Tsilhqot’in Nation v. British Columbia, [2014] 2 SCR 257; 2014 SCC 44.
Represented the Nadleh Whut’en and Nak’azdli Whut’en in Gitxaala Nation v Canada, [2016] 4 FCR 418, 2016 FCA 187, and together with Louise Mandell, QC, represented the Kwakiutl First Nation in Chartrand v British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345.
Member, Law Society of B.C.
Member, Canadian Bar Association
Board of Directors, West Coast Environmental Law (2006-2016)
Chair, West Coast Environmental Law (2012-2016)
“Cowichan Tribes et al: The Admissibility of Oral History Evidence”, prepared with Aaron Wilson for the 2022 Aboriginal Law Conference hosted by the Continuing Legal Education Society of British Columbia, November 25, 2022
“Remedies Following a Declaration of Aboriginal Title – Limitations Legislation, Remedies by way of Judicial Review of Crown Decisions and Conduct, and out-of-court Processes”, prepared for the Affinity Institute Conference, Aboriginal Title Litigation: Best Practices and Essential Legal Considerations, February 25, 2016.
“Aboriginal Law: Critical Issues and Update”, presentation prepared for the Affinity Institute Aboriginal Law, Environmental Law and Resource Development Conference, December 3-4, 2014
“Case Law Update” prepared for the 2013 Aboriginal Law Conference hosted by the Continuing Legal Education Society of British Columbia, October 16, 2013
“Aboriginal rights in the Context of Regulatory Prosecutions” prepared for the Environment in the Courtroom (II) Symposium hosted by the Canadian Institute of Resources Law, March 18-19, 2013
“Justification of a Rights Infringement” prepared for a conference hosted by the Pacific Business and Law Institute, March 6, 2012
“Remedies in Aboriginal Law Litigation” prepared for a conference hosted by the Pacific Business and Law Institute, April 7-8, 2011
“Review of Changes to the Law Related to Forestry and Aboriginal Rights and Title” (2008) for the Scow Institute
“Constitutional Powers”, Chapter 3 in Canadian Environmental Law (2d ed) (looseleaf publication)
“Aboriginal Peoples’ Legal Rights to Natural Resources (Forests) in British Columbia” (2004) for the Scow Institute
Beneath the Surface: Aboriginal Rights and Mining Law in British Columbia (2001: EAGLE) (co-authored with Lisa Sumi)
“Underlying Constraints in Intergovernmental Cooperation in Setting and Enforcing Environmental Standards” in P. Fafard and K. Harrison, eds., Managing the Environmental Union: Intergovernmental Relations and Environment Policy in Canada (Kingston: Queen’s University, 2000) (co-authored with Professor Alastair Lucas)
Member of West Coast Environmental Law’s Environmental Dispute Resolution Fund committee.
Edited and updated law school texts and texts for practitioners in the area of environmental law.
Committed to mentoring future Indigenous and Aboriginal lawyers.
Guest lecturer on Aboriginal law at the University of British Columbia Faculty of Law and has spoken on Aboriginal law topics at several professional development courses and conferences.
Coached UBC’s Kawaskimhon Aboriginal Law moot team for a number of years.
Served on the boards of directors of several non-profit and charitable organizations, including West Coast Environmental Law, which she chaired.