February 18-19, 2008
Toronto, ON

Event participants:

Neal J. Smitheman

The Ontario Court of Appeal recently released two noteworthy decisions commenting on the duty of private parties to negotiate in the face of Aboriginal protests. Find out what is required now to obtain an injunction and whne protestors may be held in contempt of court orders.

• Learning lessons from the decisions in Platinex and Frontenac
  • what should private parties do before seeking an injunction to prevent protests?
  • when will a court issue an injunction to private parties to protect their interests?
• What is the remedy when private parties cannot obtain an injunction?
• Are these types of injunctions effective? Overcoming challenges in enforcing injunctions.
• Analyzing the duty of private parties to negotiate when Aboriginal groups refuse to consult.
• The "next best steps" for proponents to take: When consultation reaches an impasse
• Reconciling the claims of Aboriginal communities with the rights of the Crown
• When might protestors face contempt charges? Post - Frontenac and Platinex
• Case study: Best practices in consultation going forward.

Q & A