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P.Michael Jerch

P. Michael Jerch is the principal and owner of P. Michael Jerch Law Corporation which has represented and advised First Nations in litigation, Aboriginal and Treaty rights, and economic development and self-government since 2004. Michael has worked both in house and in private practice for First Nations in the area of Aboriginal law. For 15 years Michael has litigated and advised First Nations and the Chiefs in the areas of Aboriginal rights and the Indian Act, Treaty rights and protecting Treaty resource use, First Nations laws, land codes and self-government, natural resources and environmental regulation of First Nations lands, historical claims relating to First Nations lands and Treaties, economic development and commercial projects on First Nations, and service delivery and intergovernmental social services arrangements and institutions.

Michael has acted for a large number of First Nations, tribal councils, First Nations service delivery organizations and Chiefs assemblies, in Manitoba and Alberta, including the Manitoba Keewatinowi Okimakanak and the Assembly of Manitoba Chiefs. He has represented and advised the Chiefs of the Manitoba Keewatinowi Okimakanak as an intervenor in appeals in Aboriginal law cases for many years including before the Supreme Court of Canada and the Manitoba Court of Appeal. This included intervening in McDiarmid Lumber v. God’s Lake First Nation in respect of the interpretation of the protections in the Indian Act and the Crown’s constitutional obligations to First Nations.

Michael’s practice includes advising Chiefs and Councils on matters of protecting their territories that ranges from land use regulation, land codes, and environmental law, to advising on self-government matters including Indian Act protections, Crown constitutional and statutory obligations, and Indian status and Aboriginal identity, legislative drafting, structuring economic projects and service delivery institutions and inter-governmental arrangements between First Nations and the Crown. Michael is called to the bar in both Manitoba (1997) and Alberta (2008), and has appeared at all levels of court in Canada including the Supreme Court of Canada.

In the course of his practice, Michael has taken on significant Aboriginal law litigation, legislative reform and economic development and public law files ranging from current litigation of Aboriginal and Treaty rights in Opaskwayak Cree Nation v. Canada in a federal court action regarding the right to control identity and its infringement by the definition of Indian in the Indian Act, in procedural matters in Wuskwi Sipihk Cree Nation v. Canada regarding federal and provincial court jurisdiction and the medicine chest treaty clause and health care on reserve, in Bunibonibee Cree Nation v. Manitoba in 2005 regarding a challenge to government action regarding land use permits on treaty land entitlement lands, intervening in court proceedings for First Nations including McDiarmid Lumber v. God’s Lake First Nation in the Supreme Court of Canada in 2005 regarding the exemption from seizure of First Nations property in section 89 of the Indian Act, in R. v. Jenkinson in the Manitoba Court of Appeal in 2006, and as counsel in a court appointed receivership of a First Nation in 2008.

In addition to representing First Nations in litigation, Michael has taken on projects as solicitor for First Nations ranging from major urban commercial real property, incorporation and structuring of province wide First Nations HRSDC and Health service delivery corporations and arrangements for Manitoba Chiefs, representing First Nations in legislative drafting of the First Nations jurisdiction protocol sections of provincial child and family services legislation, and Land Code and Matrimonial Real Property Law legislative drafting. Michael has provided strategic advice on important corporate and commercial structures and agreements, third party contracts regarding reserve lands and resources, financing of reserve lands and commercial transactions, First Nations trusts, creditor disputes and settlements, drafting of laws and advice regarding band custom and elections issues.

Michael credits his work in the area of Aboriginal law to years of working closely with former Grand Chiefs Sydney Garrioch and Francis Flett, and education with scholars John Borrows, Brian Slattery and Kent McNeil, and years spent in meetings and working with clients in First Nations communities including northern and remote locations. Michael supervises the law firm’s lawyers and researchers, and spearheaded the firm’s new location at 22 Edmonton Street where the firm has established a growing presence in Aboriginal law for First Nations.

In addition to reading new case law on Aboriginal law, Michael enjoys spending time in First Nations communities learning from resource users and elders and discussing history and political ideas. Michael is a proud dad of a 15 year old son who is also the firm's IT consultant, and enjoys snowshoeing and getting away to his camp, traveling and reading about travel, or just working in the garage and motorcycling.

P. Michael Jerch

View P. Michael's:
Resume and CV

Contact:

P. Michael Jerch

Direct line: 204.774.8301
Facsimile: 204.774.8349

Assistant: Gwen Mcallister

Phone: 204.774.8300
Facsimile: 204.774.8349