Kate Kempton is a partner with OKT. She has a diverse practice, serving Aboriginal clients in negotiations and litigation, in areas of Aboriginal and treaty rights, environmental law, IBAs and commercial transactions, energy and mining law, administrative law, issues facing reserves and Indian Act matters. She works with and advises Aboriginal clients in reassertion of inherent sovereignty, inherent governance, and international law. Kate has successfully litigated defences against harvesting charges, constitutional challenges to legislation, injunctions to prevent unilateral third-party development, tort and treaty claims. She has also successfully negotiated and concluded, on behalf of clients, major economic development and commercial ownership transactions, and a number of impact-benefit, mining exploration, interim measures, forestry and energy related and other types of agreements. Kate has been selected annually by her peers for inclusion in directories of leading lawyers in the area of Aboriginal Law, including The Best Lawyers in Canada, The Best Lawyers in America and in The Canadian Legal Lexpert® Directory. Kate is a member of the Ontario bar and the Manitoba bar.
Publications and Media
- "From Protest to Process Agreement", OKT Blog, December 4, 2014
Kate Kempton, “Ontario appeal court clamps down on free entry mining exploration…”, The Lawyers Weekly, September 21, 2007, Lexis Nexis Canada Inc.
- Presentation, “Industry Responsibility”, March 2007, Prospectors and Developers Association of Canada Conference (Toronto).
- Presentation, “Update on Relationship Between the Crown and Indigenous Peoples in Respect of Resource Use and Rights”, February 2007, The Canadian Institute Conference (Toronto).
- “Rules of the Relationship Between Indigenous Peoples and the Crown in Decision-Making”, conference presentation at Hot Topics & Developments in Aboriginal Law Ontario Bar Association, Toronto, February 2007.
Kate Kempton (with M. Wente), “‘Rule of Law’ Concept Should Apply to All Parties”, The Lawyers Weekly, September 22, 2006, Lexis Nexis Canada Inc.
- Kate Kempton, “Aboriginal Sovereignty” (Paper presented for Department of Justice Forum, November 2005).
- Presentation, “Water Rights”, November 2005, Aboriginal Law Forum Conference (Toronto).
- Presentation, “How Do Aboriginal Groups Get Standing to Sue the Crown”, September 2005, Pacific Business and Law Institute Conference (Ottawa).
- Presentation, “Accounting for Energy Development Impacts: Partnerships Between Indigenous Peoples and Energy Buyers”, May, 2005, Pacific Business and Law Institute, Aboriginal Forum Conference (Calgary).
- Kate Kempton, “Bridge Over Troubled Waters: Canadian Law on Aboriginal “Water” Rights and the Great Lakes Annex” (Paper prepared for Great Lakes Indigenous Peoples Network, Niagara Falls Ontario, and a version of the paper widely circulated since, April, 2005).
- Kate Kempton, “Survival and Strength of Indigenous Peoples: A Workshop” (Paper prepared for many indigenous peoples and presented to them, across Canada, ongoing).
- Workshop, “Home and Native Land: Respectful Partnerships Between Indigenous Peoples and ENGOs”, April, 2005, Workshop for the Sustainability Network (Toronto).
- Presentation, “Environmental Justice and Indigenous Sacred Law”, March, 2005, Annual Conference of the Law Union of Ontario.
- Kate Kempton, “Public Participation in Mining Law and Practice” (Paper prepared for the Canadian Institute of Environmental Law and Policy, 2000).
- Kate Kempton, “Oppression Digested” (Paper on environmental ethics and ecofeminism prepared for the York University Ethics Seminar, 1999).
- Editor of Canada v. The Environment by Stephen Hazell, (Toronto: Canadian Environmental Defence Fund, 1999).
- Kate Kempton (with M. MacLaren), “The Protection of Human Rights in South Africa: A Conversation With Justice Arthur Chaskalson, President of the Constitutional Court of South Africa” (1998) 56:1 UT Fac L Rev.
- Kate Kempton, “When Home and Hearth is a Frightening Experience: Domestic Violence”, Women: Toronto Women’s Quarterly Newsmagazine (1996) 1:2 at 20.
- Kate Kempton, “The World Beyond the Waves – an Environmental Novel for Young Adults” (Santa Monica CA: Portunus Publishing, 1995).
- Kate Kempton, “Zoos: Asking the Right Questions”, Green Magazine (January 1995) vol. 41 at 29.
- Kate Kempton, “Solar Sailor”, December 1994, Earthkeeper 22.
- Kate Kempton, “A Sum Greater Than the Parts”, November 1994, Print Action 12.
- Kate Kempton, “Beyond Beef But Not Beyond Belief”, July 1994, The Canadian Vegetarian Magazine at 12.
- Kate Kempton, “Virtual Success”, 1994, Print Action.
- Several presentations at Law and Indigenous Rights conferences, including: FPIC, Mining Law and Indigenous Rights, The Duty to Consult and Accommodate in Law and Practice; Indigenous Self Determination and Sovereignty in International and Domestic laws; Setback and Survival - The Legal Historical Relationship Between the Crown and Indigenous Peoples in What Some Call Canada; Energy Law and Indigenous Rights; Developments in Commercial Projects with IBAs and Equity Ownership with Indigenous Peoples" - 1992 to present
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