Workshop A — A Primer on the Duty to Consult

Cynthia Westaway
Senior Counsel
First Peoples Law

Angelina Silver
Crown Consultation Coordinator
Canada Energy Regulator
Kainai Nation (Blackfoot Confederacy)
This workshop offers a comprehensive, hands-on approach to understanding the complexities of the Duty to Consult. Through practical case studies and guided discussions, attendees will gain actionable insights and tools to navigate legal obligations and challenges. The workshop will provide participants with a deeper understanding of their roles, focusing on key legal requirements, grey areas, and best practices for upholding consultation standards. Topics of discussion will include:
- Triggering the common law Duty to Consult, with consideration for gray areas such as infrastructure projects
- Understanding the legal minimum requirements to fulfill the Duty to Consult
- Implementing consultation obligations in treaty agreements, including implementing modern treaty obligations
- Consultation obligations pursuant to Bill S-3 (amendment to the Indian Act) to provide new entitlements to registration
- Reviewing the Peace and Friendship Treaties and how they affect consultation
- Advancing reconciliation through the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples
- Recognizing Indigenous rights within the consultation process
- Upholding the honour of the Crown through meaningful and respectful engagement