This workshop will walk participants through the key legal and practical steps involved in consultation and engagement throughout the project lifecycle. From the Crown’s duty to consult to the evolving expectations placed on industry, the session will clarify where responsibilities lie, how meaningful engagement is defined, and where risks—legal and reputational—can emerge if obligations are not met.

Participants will gain tools to navigate regulatory requirements, document engagement effectively, and build timelines that reflect both legal mandates and community realities—with special attention to the real-world capacity challenges faced by Indigenous communities.

Topics of discussion include:

• Identifying the first steps after consultation is initiated by the Crown
• Clarifying the role of industry: when engagement intersects – and diverges – from consultation
• Recognizing when proactive engagement can reduce legal risk or delays—even without a formal duty to consult
• Best practices for documenting engagement to ensure transparency, traceability, and legal defensibility
• Addressing the capacity of Indigenous rights holders in consultation and engagement
• Drafting responses that affirm adverse impact and triggering next steps
• Developing timelines and checkpoints for consultation obligations and regulatory processes
• Responding to new or unforeseen impacts during project execution
• Understanding when the Crown has or has not satisfied their duty to consult throughout the phases of a project
• Identifying when the duty to consult has been breached and litigation is warranted