The Legal Duty to Consult in Aboriginal Law (for legal practitioners) (009390)

Product code: 009390

Overview

Delivery method

Delivery method

Virtual classroom

Duration

Duration

3 hours

Audience

Audience

Legal Professionnals

 

Description

This course is specifically intended for legal professionals within the Department of Justice, namely Justice counsel, notaries and paralegals.

The Crown’s legal duty to consult Aboriginal peoples is a cornerstone of the protection of Aboriginal and treaty rights in Canada. The first jurisprudential reference to a duty to consult was made by the SCC in the Sparrow case in 1990, but it was not until 2004 that the SCC fully articulated the concept in its landmark decisions in Haida and Taku. Subsequent cases have added clarity to the scope and content of the duty. The law continues to develop and each new judicial decision tends to raise more questions than it answers. Today, the Crown’s duty to consult plays a significant role in Crown-Indigenous relations and has implications for most government departments. In this session, we will describe the source of the duty, provide detailed explanations of the elements of the duty, discuss what Crown conduct is likely to trigger the duty and address practical considerations for fulfilling the Crown’s duty. Finally, we will identify current and emerging issues. The session is intended to be interactive – bring your questions and we will endeavor to provide answers.

Topics covered:

  • Source of the duty
  • Triggers for the duty
  • The nature and scope of the duty
  • Assessing the strength of the claim
  • Key cases concerning the duty to consult

Presented by the Aboriginal Law Centre, Indigenous Rights and Relations Portfolio in collaboration with the Legal Practices Policy Division (LPPD).

Registration deadline: 5 working days prior to the course date.

For more information: Contact the Centre for Legal Education Services.

Participants are responsible for adding their training activities to their Outlook calendars.

For information about the continuing professional development (CPD) hours for this course, please consult the 2024 Accreditation Summary.

If you have questions concerning the accreditation, please contact our accreditation team by email (Accreditations@justice.gc.ca).

No Current Offerings

Date modified: 2024-04-03