CBA FALL LAW SERIES 2018

Presented by the CBA Administrative Law Section

Indigenous Rights in Regulatory Decision-Making

The Supreme Court of Canada's decisions in Clyde River, Chippewas of the Thames and Ktunaxa Nation have brought to the fore the law surrounding indigenous rights - including the duty to consult - and how those rights can and should be addressed in regulatory proceedings.

This webinar will explore the updated law around the duty of the government to consult with Indigenous peoples before taking decisions that may affect their rights. It will also consider the responsibility of administrative and regulatory decision makers to account for Indigenous rights within their processes, and it will examine practical approaches that may be available to decision makers to carry out that responsibility.

Topics will include:

• Changes to, or clarifications of, the law on the duty to consult occasioned by the recent SCC decisions
• What is the role and responsibility of regulatory decision makers in addressing Indigenous rights?
• How can counsel and the parties raise these issues before decision makers?
• How can decision makers best account for indigenous rights in their decision-making processes?

Presenters