Workshop A – Exploring the Duty to Consult and Consultation Obligations through the Lens of Spirituality, Treaties, Title, Rights and Legislation

Oct 17, 2022 9:00am – 12:30pm

Sandra Gogal
Cassels Brock & Blackwell LLP

*Workshops are offered In-Person only

This workshop will cover the essentials behind the 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

A light luncheon will be served at 12:30–1:30pm to those attending both Workshops A & B.