David Kalmakoff is a sole practitioner Turan Law Office regularly collaborates with on a consulting basis. David is a bilingual lawyer called to the Barreau du Quebec and permited to practice law in Ontario under an Occasional Practice Permit.
David is trained in both the common and civil law with an LLB and a BCL from McGill University, with over 24 years of practice in diverse areas of public and private law, including aboriginal, constitutional, administrative, civil, fiscal, and environmental law.
He has dedicated his practice primarily to serving Indigenous clients since his admission to the bar, working extensively with such clients in Quebec, Ontario, Manitoba, Alberta, British Columbia and the Yukon.
David’s experience includes:
• litigation of Aboriginal and treaty rights at trial and on appeal;
• challenging government decisions with respect to resource development and other matters which have infringed Aboriginal and treaty rights or failed to respect the Crown’s fiduciary obligations or the duty to consult;
• gathering, preparing and presenting expert historical, economic, anthropological, environmental impact and other evidence to support Aboriginal and treaty rights claims and challenges based on Crown fiduciary obligations or the duty to consult, with particular emphasis on the assessment of historical losses;
• litigation of residential school claims in British Columbia and the negotiation of settlements of those claims;
• providing advice and representation and assisting with policy development regarding employment relations, human rights, policing and other issues affecting the administration of First Nation governments;
• organizing and participating in processes of consultation of First Nation members on a variety of issues;
• drafting detailed constitutions, by-laws, codifications of traditional laws and other instruments of Aboriginal self-governance as well as agreements between First Nations and federal and provincial government bodies or corporate entities;
• appearing as counsel before the Federal Court of Canada at trial and on appeal, the Supreme Court of Canada as well as the courts of Quebec, British Columbia and Manitoba.
His more recent work included providing on-going litigation support in a multi-year mega-trial in the Federal Court of Canada involving important Aboriginal and constitutional law issues and complex sets of economic and historical facts as well as assisting with the negotiation of a settlement and the drafting of a complex settlement agreement in what was one of the largest treaty claims in Canadian history valued at $1.11 billion.