Josh Jantzi

Josh Jantzi is a partner in Gowling WLG's Advocacy Group. As regulatory and litigation counsel, he has practised Aboriginal, environmental, constitutional, and administrative law for 12 years in private practice with a focus on energy and natural resource development. Josh has represented energy and mining companies in precedent-setting cases in the regulatory review and environmental assessment spaces, most notably before the Supreme Court of Canada in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41.

Josh was called to the bars of Ontario and Alberta in 2006 after serving as judicial law clerk to the Hon. Mr. Justice M.A. Kelen (Federal Court, Ottawa). Since then, Josh has presented cases before all levels of court in British Columbia and Alberta, the Federal Court and Federal Court of Appeal, the Supreme Court of Canada, the National Energy Board, Alberta Utilities Commission, and the Tax Court of Canada. Josh has advised on proceedings before the Alberta Energy Regulator, Alberta Environmental Appeals Board, Alberta Natural Resources Conservation Board, BC Environmental Assessment Office, BC Oil and Gas Commission, BC Utilities Commission, and BC Environmental Appeal Board.

Josh's expertise in energy and natural resource projects includes work regarding pipelines, upstream PNG production, LNG facilities, gas plants, wind farms, solar farms, marine terminals and shipping, forest product facilities, and electric power. Josh advises industry clients in the energy and mining sectors on the Crown duty to consult and accommodate asserted Treaty and Aboriginal rights and title. Josh also advises on treaties and land claim agreements, consultation protocols, impact and benefit agreements, application of the Indian Act and Indian Oil and Gas Act, governance issues, and customary (Indigenous) laws.

Josh's practice also includes litigation and arbitration of a broad range of contract, tort and IP disputes spanning the energy, construction, aviation, telecommunications, infrastructure and PPP industry sectors. He maintains a significant practice litigating matters before the Federal Courts.

Josh has instructed the University of Calgary Faculty of Law full credit Aboriginal Law course for several years and serves as a guest instructor of the law school's North American Energy Law, Transportation Law, and Negotiation courses.

Career & Recognition

Filter timeline:
  • 2018

  • 2006

    • Qualifications (Year of Call/Admission, etc.)
      2006
      Year of Call, Ontario
    • Qualifications (Year of Call/Admission, etc.)
      2006
      Year of Call, Alberta
  • 2005

    • Education
      2005
      University of Alberta, JD (First Class Standing)
  • 2000

    • Education
      2000
      University of British Columbia, BSc (Honours)

Memberships

  • Law Society of Alberta
  • Law Society of Ontario
  • Federal Courts Bench and Bar Liaison Committee
  • Rocky Mountain Mineral Law Foundation
  • Canadian Energy Law Foundation
  • Canadian Bar Association
  • Ontario Bar Association

Feb. 9, 2018 - Joshua A. Jantzi et al, "The maturation of the duty to consult: Top ten developments of 2017 in Canadian Aboriginal Law", Dentons Insights Canada.

Nov. 8, 2017 - Joshua A. Jantzi et al, "Ktunaxa Nation: The Supreme Court returns to Haida first principles in dismissal of ski hill duty-to-consult case", Dentons Blog.

Sep. 19, 2017 - Joshua A. Jantzi, "Supreme Court of Canada clarifies when regulatory bodies may fulfil the Crown's duty to consult Aboriginal peoples", published by International Law Office in partnership with the Association of Corporate Counsel, International Bar Association, American Bar Association Section of International Law, and Inter-Pacific Bar Association (2017: London, UK).

Aug. 15, 2017 - Joshua A. Jantzi, "Supreme Court of Canada clarifies when regulatory bodies may fulfil the Crown's duty to consult Aboriginal peoples", Lexology

Jun. 2017 - Joshua A. Jantzi, David L. Deisley, & Stuart M. Olley, "New Resource Revenue, Transparency Legislation: An Emerging Global Consensus", International Mining and Oil & Gas Law, Development, and Investment 1-1 (Rocky Mt. Min. L. Fdn. 2017).

2012 - Bernard J. Roth and Joshua A. Jantzi, "Aboriginal consultation and project development", Prepared for the inSight 9th Annual Western Canada Aboriginal Law Forum

2009 - Heather L. Treacy, Joshua A. Jantzi, and Rachel Hird, "Secondary Market Civil Liability: A Sword for Investors or a Shield for Issuers and Other Market Participants?" (2009) Ann. Rev. Civ. Lit 487 (2009: Toronto, Thomson Carswell), eds.: the Hons. Mr. Justice T.L. Archibald and the Late Mr. Justice R.S. Echlin (Ont. S.C.J.).

2007 - Tracey M. Bailey, Jillian C. Cohen, Jane A. Steblecki, Heather S. Boon, C. Vincent Kurata, and Joshua A. Jantzi, "Natural Health Product Regulation in Canada: Recent Changes, Proposed Changes, and the Politico-legal Dimensions", Journal of Pharmaceutical Finance, Economics & Policy (2007), Vol. 16(4) at 15-34.

Reported Decisions of Note

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41

Athabasca Minerals Inc v. Syncrude Canada Ltd., 2017 ABQB 47

Rytec Corporation v. Emergency Door Service Inc. et al, 2017 FC 341

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2015 FCA 222, [2016] 3 FCR 96

Syncrude Canada Ltd. v. Canada (Attorney General), 2016 FCA 160

Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34

Syncrude Canada Ltd. v. Canada (Attorney General), 2015 FCA 38

Forest Ethics Advocacy Association v. Canada (National Energy Board), 2014 FCA 245, [2015] 4 FCR 75

Forest Ethics Advocacy Association v. National Energy Board, 2014 FCA 88

Leroux v. Canada Revenue Agency, 2014 BCCA 355, [2014] G.S.T.C. 118

Syncrude Canada Ltd. v. Canada (Attorney General), 2014 FC 776

Alberta Electric System Operator, Re, 2014 CarswellAlta 648, AUC Decision 2014-110

Forest Ethics Advocacy Association v. Canada (National Energy Board), 2013 FCA 236

Gitxaala Nation v The Minister of Transport et al, 2012 FC 1336, 421 FTR 169

Stoney Tribal Council v. Imperial Oil Resources Limited, 2012 ABQB 557, 547 AR 369

Stoney First Nation v Shotclose, 2011 FCA 232, 422 NR 191

Shotclose v Stoney First Nation, 2011 FC 1051, 396 FTR 270

Shotclose v Stoney First Nation, 2011 FC 750, 392 FTR 115

Woodworth v. The Queen, 2010 TCC 220

Alliance Pipeline Ltd. v. Smith, 2009 FCA 110 (not named), rev'd 2011 SCC 7, [2011] 1 SCR 160

Horseman v. Horse Lake First Nation, 2009 FC 368

Stoney Tribal Council v. Petro-Canada, 2009 ABQB 430, 478 AR 198