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

Oct 7, 2024 8:30am – 12:30 PM

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
  • Understanding the legal requirements for fulfilling the duty to consult, often referred to as ‘legal minimums’
  • Evaluating consultation obligations in treaty agreements, including implementing modern treaty obligations
  • Analyzing consultation obligations pursuant to Bill S-3, the amendment to the Indian Act to provide new entitlements to registration
  • Reviewing the peace and friendship treaty and how it affects consultation
  • Respecting the Government of Canada’s Relationship with Indigenous Peoples
    • Advancing reconciliation
    • Recognizing rights
    • Upholding the honour of the Crown