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

Overview

Delivery method

Virtual classroom

Duration

3 hours

Audience

Legal Professionnals

Description

Please note that this course is open to Justice Canada legal professionals only (lawyers, notaries who are members of the Chambre des notaires du Québec 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

Client: Aboriginal Law Centre, Indigenous Rights and Relations Portfolio in collaboration with the Centre of Expertise for Learning and Professional Development (CoELPD).

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

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

Cancelling your registration: Simply log into your JUScampus account and select "Unregister" from this event page.

Accommodation Measures: The Department of Justice is committed to an inclusive, barrier-free learning environment. If you need workplace accommodations to fully participate in this training, contact your manager or the Centre for Workplace Access-Ability, Health and Wellness. Please note, the CWAHW requires at least 72 hours to respond.

Please contact the Centre of Expertise for Learning and Professional Development (CoELPD):

• For training material, at least 5 business days before the training session if needed in advance.
• To flag any other requests or accommodations needs, at least 10 business days before the training session.
• For more information or if you have any issues with this course.

For information about the continuing professional development (CPD) hours for this course, please consult the 2026 Accreditation Summary.

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