Section 35 and the Duty to Consult - A Primer!

The duty to consult, and accommodate, is a central tenet of Crown-Indigenous relations. On the one hand, the SCC has stated that the “duty to consult… must be understood generously to achieve reconciliation”. And yet it has also been described as “a process of give and take”.

In recent years there have been high-profile and important cases dealing with the content of the duty to consult. Yet, the origins and the current state of the duty to consult, as well as possible ways in which it can be improved, may not be clear to the broader law school community. The Climate Justice working group and the IIO are looking forward to providing an opportunity for students, faculty and the broader law school community to engage with this incredibly important topic from both an academic and practitioner point of view. Ultimately, this event aims to call on the law school community to continue their own learning on the subject.

The panel will be moderated by Professor Kerry Wilkins, who will be joined in discussion by Joel Morales (Counsel at Olthuis Kleer Townshend LLP) and Candice Telfer (Acting Director of the Legal Services Branch in Ontario’s Ministry of Indigenous Affairs). Speaker biographies will be available soon. A brief document will also be circulated to attendees ahead of the event with some background information and suggested further readings.