Workshop A – Introduction to the Duty to Consult: Your Guide to Legal Consultation Obligations, What Triggers Consultation and Indigenous Rights

Oct 3, 2023 9:00am – 12:30 PM

Sandra Gogal
Partner
Cassels Brock & Blackwell LLP

This session is offered only in-person.

This workshop will cover the essentials of Duty to Consult and consultations, examining the various sources 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
    • Respecting and advancing