Bruce’s counsel made it possible for us to engage as Indigenous Peoples with the province of BC and BC Hydro in a more meaningful way with strategic use of the Courts when necessary.
Pauline Terbasket , Executive Director of the Okanagan Nation Alliance
Duty to Consult
We work closely with our clients to ensure that governments fulfill their constitutional obligations to consult and accommodate.
For us, the duty to consult is about ensuring that government and proponents really listen to Aboriginal concerns and accommodate the impact of any decision on our clients' Aboriginal title, rights and Treaty rights.
Our approach is always strategic. While we expect government and proponents to fulfill their responsibilities and respect our clients' rights, we ensure that our clients are prepared to seek justice in the courts if necessary.
Duty to Consult Workshops
As part of our public education efforts, we offer workshops to First Nations wanting to better understand the legal and historical basis for the duty to consult and accommodate.
Our objective is to increase First Nations' ability to deal effectively with government and industry and to ensure that the duty to consult is respected and fulfilled.
Our team has worked on numerous duty to consult and accommodate files across Canada. Specific projects have included:
- transmission lines
- hydroelectric dams
- water licences
- oil sands
- forestry tenures
Public Speaking & Publications
We work to explain the legal and historical basis of the duty to consult through our writing:
- Negotiate or Litigate? (September 15, 2015))
- The Piecemeal Infringement of Treaty Rights (August 18, 2015)
- Breathing Life Back into the Duty to Consult (August 15, 2015
- The Duty to Consult--A Narrow Vision (July 27, 2015)
- Environmental Assessments and the Duty to Consult (July 20, 2015)
- How to Fulfil the Duty to Consult (November 16, 2014)
- The Duty to Consult as an Ongoing Obligation (October 7, 2014)
- Columbus' Ghost: Past Infringements and the Duty to Consult (October 15, 2013)
- Uncertainty from Denial--Alberta's New Aboriginal Consultation Policy (October 7, 2013)
- The Question Behind: What are the Limits of Provincial Jurisdiction over Treaty Lands? (September 30, 2013)
- The Honour of the Crown and Business Development (September 16, 2013)
- The Duty to Consult—A Second-Best Alternative: Case Comment on Enge v. Mandeville and R. v. Hirsekorn (July 16, 2015)
- Waiting for the Honour of the Crown: Case Comment on Mohawks of the Bay of Quinte v. Canada (July 5, 2013)
- The Duty to Consult—Ignore the Elephant: Case Comment on Chartrand v. The District Manager (June 26, 2013)
- The Duty to Consult—the Groundhog Day Conundrum: Case Comment on Adams Lake Indian Band v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations) (June 17, 2013)
- The Duty to Consult—A Roadblock to Direct Action: Case Comment on Behn v. Moulton Contracting Ltd. (May 21, 2013)
- Canada Continues Retreat from Duty to Consult Obligations: New Environmental Assessment Regulations (May 16, 2013)
- Canada Steps Back from Aboriginal Consultation: B.C.—Canada Agreement on Environmental Assessment Substitution (April 8, 2013)
- If a Municipality Can't Consult it Can't Decide (April 24, 2012)
- "Power Point Presentation: Federal Review of Prosperity Project," Aboriginal Rights and Environmental Law, PBLI Conference, Vancouver, December, 2010
We also capitalize on public speaking opportunities to explain the duty to consult to a wide range of audiences. For example:
- On April 28, 2014 in Toronto Bruce McIvor presented on "Dealing with Indigenous Communities: Law and Best Practices" as part of the faculty for the Osgoode Certificate in Mining Law.
- On December 10, 2013 Bruce McIvor presented the yearly update on Aboriginal law at the 12th Annual Oil and Gas Forum in Edmonton.
- In September, 2013 Bruce McIvor presented on the "Honour of Crown and Business Development" at the National Aboriginal Business Opportunities Conference.
- In March, 2012 Bruce McIvor was the featured seminar speaker at the Lake of the Woods Chapter of the Ontario Engineers' Large Project Development and Management Seminar in Kenora, Ontario. After the seminar, Bruce was interviewed by the Kenora Daily Miner & News.
- “History of British Columbia Interface from a First Nations Legal Perspective,” Interface 2010: Planning for the Crown-Settlement Interface Lands Conference, 2010, Smithers, B.C.
If you have a duty to consult issue you would like to discuss or would like to arrange a duty to consult workshop for your community, please contact us: