Professional Summary

Cheryl Sharvit joined Mandell Pinder LLP in September, 2006.  Before joining Mandell Pinder, she worked at EAGLE (Environmental-Aboriginal Guardianship through Law and Education), a not-for-profit and charitable organization that provided legal representation and educational programs to Indigenous peoples in the areas of Aboriginal rights and natural resource and environmental law. She is particularly interested in Aboriginal law and natural resource issues.

Cheryl has represented 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, as well as before the Forest Appeals Commission, British Columbia Human Rights Tribunal and Canadian Human Rights Tribunal.  She also represents clients in negotiations, primarily regarding Aboriginal title and rights and natural resource issues.

Cheryl was a 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.  She also, together with Maria Morellato, Q.C., represented the Metlakatla Band 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.  Cheryl 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.

After completing her law degree, Cheryl went on to complete a Masters of Law at the University of Calgary; her thesis, entitled “A Sustainable Co-Existence”, addressed the issue of Aboriginal rights to manage natural resources.  While completing her LL.M, Cheryl developed and taught an environmental law course, and published several articles and book chapters in collaboration with professors of the Faculty of Law and researchers of the Canadian Institute of Resources Law on topics related to Aboriginal and Treaty rights, natural resource law, environmental law and constitutional law.  She also edited and updated law school texts and texts for practitioners in the area of environmental law.  Cheryl has been a 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.

In addition to being the managing partner at Mandell Pinder LLP, Cheryl served on the Board of Directors of West Coast Environmental Law for ten years, and was President of the Board for six of those years. Cheryl is committed to mentoring future Indigenous and Aboriginal law lawyers, including coaching the University of British Columbia’s Kawaskimhon Aboriginal Law moot team since 2013.

Education

LL.M Natural Resource and Aboriginal Law, University of Calgary, 1999

LL.B Osgoode Hall Law School, 1995

B.A. York University, 1992

During her academic years, Cheryl received the following 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)

Professional Standing & Affiliations

Member, Law Society of B.C. (1999)

Board of Directors, West Coast Environmental Law  (originally appointed in 2006, appointed as Chair in 2012)

Publications & Presentations

“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)