(*Also open to lawyers)

Understanding the duty to consult requires a solid grasp of its legal foundations and the evolving policies and principles that shape how Indigenous rights are recognized and respected. Designed for non-lawyers from Indigenous communities, Crown agencies, and industry, this interactive primer will guide participants through the constitutional, treaty, and case law that form the duty to consult, alongside key advancements under DRIPA (the Canadian government’s version of UNDRIP).

The goal is to empower Indigenous participants with the knowledge needed to assert and advance their rights, and to equip Crown and industry participants with the tools to engage in consultation that is lawful, respectful, and meaningful.

Topics of discussion will include:

• Reviewing the Peace and Friendship Treaties in the Atlantic Region
• Other foundational recognitions of Aboriginal title, including the concept of suis generis, and the Royal Proclamation
• Understanding Aboriginal rights and title under section 35 of the Constitution
• Developing a digest of landmark cases and must-know quotes from Supreme Court of Canada and other key rulings
• Analyzing provincial consultation agreements, terms of reference, MoUs and policies
• Exploring the evolution of the United Nations Declaration on the Rights of Indigenous People (UNDRIP)
• The international human rights instrument and the Truth and Reconciliation Commission’s call to adopt UNDRIP in 2015
• The adoption of UNDRIP by two provinces (BC in 2019, the NWT in 2023) and the federal government (2021)
• Examining the 2025 Federal Court decision Kebaowek First Nation v Canadian Nuclear Laboratories
• Anticipating what this case means for the future of the duty to consult
• Understanding Free, Prior, and Informed Consent (FPIC) in the context of consultation