Understanding the Definition and Scope of the Duty to Consult....

Understanding the Definition and Scope of the Duty to Consult and Accommodate Today and How It Impacts You

Daniel Pagowski
Legal Counsel‚ Department of Justice
Aboriginal Law and Strategic Police

Christopher Devlin
Partner
Devlin Gailus Barristers & Solicitors

Sandra Gogal
Partner
Miller Thomson LLP

How have recent case law developments shed light on the basic questions, such as:
What is the scope of the duty to consult?
When is the duty triggered? What is included in "contemplated Crown conduct"?
How much of the duty can be delegated a) to municipalities? b) to proponents?
How much of what proponents do, goes towards the discharge of the Crown's duty?
How are Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council and Adams Lake Indian Band v. British Columbia being applied by lower courts?
Clarifying the role of regulatory bodies with respect to the duty to consult
Looking at how the B.C. Court of Appeal decision in West Moberly First Nations v. British Columbia (Chief Inspector of Mines) has further shaped the Crown's duty to consult with respect to past impacts and cumulative effects, and the issue of Crown accommodation
Understanding how the recent trend towards complex partnership agreements is affecting accommodation by the Crown

There have been developments since last year to the "definition and scope" of the duty to consult. Ensure you get all the crucial updates at The Canadian Institute's 7th Annual Forum on Aboriginal Law, Consultation & Accommodation on February 20-21, 2013
View the list of speakers, program agenda and register at www.CanadianInstitute.com/AboriginalLaw

The Canadian Institute,