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In Mikisew, the SCC has once again re-assessed the Crown's duty to consult. What does this case mean for you?

The often-challenging landscape of Indigenous law and the duty to consult is once again in the spot light. On October 11, 2018, in its decision in Mikisew Cree First Nation v. Canada (Governor General in Council) the S.C.C. found that the duty to consult was not triggered during the “law making process”.  The Court’s four separate sets of reasons provide divergent perspectives on the Crown’s duty to consult during the legislative process and the applicability of the honour of the Crown to Parliament.

What does this decision mean for professionals working in the already complex arena of Indigenous law?

Our outstanding panel of experts – including counsel for the Mikisew Cree First Nation – will guide you through the decision, the key issues and their implications, including:

  • What does the Mikisew decision mean for consultation about legislation?
  • If and how does the honour of the Crown apply in the context of law-making?
  • Does Mikisew open the door for a renewed focus on the Sparrow justification/ infringement analysis, rather than the Haida duty to consult approach?
  • What does Mikisew mean for future legal challenges to legislation that affects Aboriginal and Treaty rights?
  • Going forward, how will Mikisew change the legal landscape for Indigenous Peoples and the Crown?



  • Kate Gunn, First Peoples Law

Speakers Include:

  • Karen Drake, Associate Professor & Director, Indigenous Outreach, Osgoode Hall Law School, York University
  • Robert Janes, Q.C., JFK Law Corporation – counsel for Mikisew Cree First Nation 
  • Bruce McIvor, First Peoples Law
  • S. Ronald Stevenson, Senior General Counsel, Department of Justice Canada


Group Discounts and Financial Assistance

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.  For financial assistance, please email financialaid-opd@osgoode.yorku.ca

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.


The video stream will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.


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Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
December 6, 2018
Fee per Delegate

$149 plus HST


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Eligible CPD Credit Hours


Who Should Attend

  • Government policy advisors, lawyers, and officials – federal, provincial and municipal sectors
  • Indigenous leaders, councillors and economic development advisors
  • In-House Counsel, particularly those working in the energy, resource and infrastructure development sectors
  • Negotiators and mediators for indigenous communities, government, and industry
  • Lawyers practicing in the areas of Aboriginal law, natural resources, environmental and Constitutional law

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