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