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Kate M. Blomfield

Contact Information

kblomfield@ratcliff.com
604-983-7601

Legal Assistants

Jade Fraser
jfraser@ratcliff.com

Areas of Expertise

Education

Education

  • B.A. (Hons), University of British Columbia, 1997
  • LL.B, University of Victoria, 2002
  • LL.M (Dist), Law & Governance, Queen’s University Belfast, 2009
  • Clerk, Nunavut Court of Justice

Year of Call

Year Of Call

  • British Columbia, 2004
  • Yukon, 2014

Awards & Accolades

Awards & Accolades

  • Recognized in the 2024 and 2023 editions of the Canadian Legal Lexpert Directory as a leading practitioner in Aboriginal law
  • Commonwealth Scholarship, Queen’s University, Belfast, 2009

News & Publications

Notable Cases

  • First Nation of Na-Cho Nyak Dun v Yukon, 2024 YKCA 5 – representing the Intervenor Champagne and Aishihik First Nations in respect of the Crown’s obligations to act in accordance with the intended purposes of treaty, particularly in relation to land use planning;
  • Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 – representing the Intervener Teslin Tlingit Council in respect of the applicability of the Canadian Charter of Rights and Freedoms to self-governing Yukon First Nations;
  • Led the $35M settlement in 2024 of Huu-ay-aht First Nations’ claim against Canada for breaches of obligation in relation to logging in the 1950s and 1960s on HFN lands;
  • Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 3 – representing the Intervenor Teslin Tlingit Council in respect of the applicability of the Canadian Charter  of Rights and Freedoms to self-governing Yukon First Nations;
  • Huu-ay-aht First Nations v. Canada, 2020 SCTC 4 – establishing Canada’s breaches of fiduciary obligation and the historical damages in relation to logging roads on HFN’s reserve lands and Canada’s failure to obtain adequate compensation;
  • Teslin Tlingit Council v. Canada (AG), 2019 YKSC 3 – establishing that Canada has an obligation to negotiate a financial transfer agreement in accordance with TTC’s Final Agreement and Self-Government Agreement, particularly in relation to TTC Citizenship;
  • Mikisew Cree First Nation v. Canada, 2018 SCC 40 – examining the Crown’s consultation obligations in relation to the development of legislation. Greg McDade and Kate Blomfield represented interveners – a coalition of modern treaty First Nations from the Yukon and BC. Although the Court found that the law-making process does not trigger a legal duty to consult, provisions of treaties requiring pre-legislative consultation were expressly noted as an exception;
  • Huu-ay-aht First Nations v. Canada, 2016 SCTC 14; 2014 SCTC 7, the first Specific Claims Tribunal decision to award compensation and to address current compensation for historical losses. Canada’s ’80/20′ compensation policy was rejected as insufficient with compensation to the First Nation totaling over $15 million. Canada’s judicial review to the Federal Court of Appeal was discontinued;
  • Champagne and Aishihik First Nations, Little Salmon/Carmacks First Nation and Teslin Tlingit Council v. AG Canada and Government of Yukon (YKSC)– a constitutional challenge to amendments to Yukon’s development assessment legislation (resolved);
  • Tzeachten First Nation, Skowkale First Nation and Yakweakwioose First Nation et al. v. CLC et al. (BCSC), an aboriginal title and colonial reserve claim (settled);
  • Tsilhqot’in Nation v. BC, 2014 SCC 44, for the interveners CRCA and Council of Canadians in support of Tsilhqot’in title; and
  •  Ahousaht First Nation v. Canada, 2013 BCCA 300 (leave to SCC denied), the first case in Canada to establish an aboriginal right to fish and sell a wide variety of fisheries resources.

In the Community

  • Volunteer, Access Pro Bono – BC Court of Appeal Program
    • Named among the Top 10 Volunteers in 2025
  • Vice-Chair (2025–2026), CBA National Aboriginal Law Section Executive
  • Recognized in Best Lawyers in Canada and Lexpert (recent years)
Back to Our People

Kate is an experienced legal advisor to First Nation governments in British Columbia and Yukon, with a focus on litigation, negotiation and governance. She has appeared in the British Columbia and Yukon courts, the Federal Court, the Specific Claims Tribunal, and has been counsel for interveners before the Supreme Court of Canada.

Kate’s areas of practice include:

  • Litigation and negotiations addressing breaches of Crown obligations
  • Yukon First Nation Final Agreement and Self-Government Agreement implementation and rights
  • Cumulative effects, development assessment and regulatory processes
  • Emerging practice in Indigenous water law rights and governance

Prior to joining Ratcliff, Kate clerked with the Nunavut Court of Justice and completed an LLM in Law & Governance at Queen’s University Belfast as a Commonwealth Scholar.