Duty to Consult and Accommodate

Duty to Consult and Accommodate

Our work has advanced the law in Canada about the duty to consult and accommodate and other important principles of Aboriginal law, including negotiations with every level of government and litigating consultation cases at every level of court from tribunals to the Supreme Court of Canada.

OKT lawyers write and speak frequently about the duty to consult and accommodate including in peer-reviewed journals.

We litigate  cases regarding the duty to consult and accommodate in whatever forum you need us too. We have special expertise in:

  • Judicial Reviews
  • Injunctions
  • Regulatory and Tribunal Hearings

Our lawyers frequently litigate cases regarding the duty to consult and accommodate, such as the recent landmark judicial review, Saugeen First Nation v. Ontario, in which the court affirmed the importance of proper funding for the consultation process. Our lawyers also argue duty to consult cases at appeal courts and the Supreme Court of Canada.

We have assisted our clients in obtaining injunctions to protect the rights of Indigenous governments in several high profile cases, including the Solid Gold and KI cases in Ontario.

The duty to consult frequently comes up in the context of regulatory hearings and our lawyers have significant experience in arguing these matters in a wide range of tribunals from the National Energy Board to environmental tribunals.