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Kevin  O'Callaghan

Kevin O'Callaghan

Partner | Leader, Indigenous Law Fasken
When pursuing a project in Canada, the interplay between environmental and Indigenous (Aboriginal) rights, is critical to managing towards successful implementation.
Jurisdiction Yukon, 2010 | Northwest Territories, 2006 | British Columbia, 2000
Language(s) English
Office(s) Vancouver

Kevin O'Callaghan is a respected litigator in British Columbia and Leader of the firm’s Indigenous Law group. He is also the regional Lead for the Corporate Social Responsibility Law group. Providing strategic advice on indigenous, regulatory, environmental and other corporate social responsibility issues, Kevin advises clients throughout Western and Northern Canada, and around the world.

Kevin provides strategic advice on managing projects through environmental assessment and consultation with Indigenous peoples, including advice on negotiations and agreements. However, if unavoidable conflicts arise during project development, Kevin appears before courts, tribunals and arbitration panels to assist his forestry, mining, and oil and gas clients on challenges to licenses (including judicial review and title litigation) by local communities, non-governmental organizations and indigenous communities, as well as related injunction proceedings.

Kevin was counsel for a coalition of businesses in two critical aboriginal cases at the Supreme Court of Canada: first on a leading case on Indigenous consultation and accommodation (Haida Nation v. B.C.); and second, on the leading case on Indigenous title (Tsilhqot'in Nation v. B.C.). He has also appeared as counsel for an industry at the Supreme Court of Canada on a case regarding Indigenous rights and human rights found in the Charter (R. v. Kapp).

His complex commercial litigation skills in the area of environmental issues are sought-after by clients in need of advice on a myriad of environmental matters including environmental assessment, judicial review, cost recovery actions, off-site migration, ground water contamination, and regulatory offences. 

  • Recognized for Mining Law, The Best Lawyers in Canada 2018 to 2020
  • Recognized nationwide in Aboriginal Law, Chambers Canada 2017 to 2020
  • Recognized for Aboriginal Law, The Best Lawyers in Canada 2016 to 2020


  • LLB University of Western Ontario
  • BA Queen's University

Community involvement

  • Director, AME BC (2018 - Present)
  • Board Member, Pacific Parklands Foundation (2008 – Present)


Memberships & Affiliations

  • Co-Chair, Business Human Rights Committee, International Bar Association (IBA)
  • Corporate Social Responsibility Committee (CSR), PDAC
  • PDAC Aboriginal Affairs committee and the BCBC Aboriginal Affairs Committee
  • Former Chair, Aboriginal Law Section, Canadian Bar Association (BC Branch)
  • Civil Litigation and Environmental Law Sections, Canadian Bar Association (BC Branch)
  • Litigation and Environmental Sections, American Bar Association
  • Prospectors and Developers Association of Canada
  • Mining Association of Canada
The Aboriginal Forum: Reconciliation—the new context for relationship building in Canada The Aboriginal Forum: Reconciliation - PDAC 2017 Convention location location Toronto Toronto, ON
Panel Discussion: Taking Stock and Looking Forward Mining and Communities Solutions 2016 location location Vancouver Student Union Building (The Nest)
PDAC CSR Series: Managing CSR Risk in M&A Transactions - “What juniors need to be thinking when selling” PDAC 2016 Convention location location Toronto
    *Denotes a Professional Law Corporation.


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