Workshop A – Introduction to the Duty to Consult: Navigating Legal Obligations, Trigger Points, and Indigenous Rights

Oct 7, 2024 8:30 am – 12:30 PM

Sabre Lee Pictou
Lawyer
First Peoples Law

Cynthia Westaway
Partner and Senior Counsel
First Peoples Law

This workshop will cover the essentials of Duty to Consult, examining the various aspects of the duty—the common law, treaties, and legislation—and respective obligations, together with a range of topical issues including the following:

  • Triggering the common law Duty to Consult, with consideration for gray areas such as infrastructure projects
  • Legal requirements for fulfilling the duty to consult, often referred to as ‘legal minimums’
  • Consultation obligations in treaty agreements, including implementing modern treaty obligations
  • Consultation obligations pursuant to Bill S-3, the amendment to the Indian Act to provide new entitlements to registration
  • Review of the peace and friendship treaty and how it affects consultation
  • Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples
    • Advancing reconciliation
    • Recognizing rights
    • Upholding the honour of the Crown