Defining Crown Duties in Performing Contracts With Indigenous Peoples
CPD for Lawyers: 1 Substantive Hour
REGISTER
The role of the honour of the Crown in Crown-Indigenous contractual relationships is evolving, with the Supreme Court of Canada’s 2024 decision in Quebec (Attorney General) v. Pekuakamiulnuatsh Takuhikan setting significant precedents.
This case is the first to recognize that – in addition to the requirement of good faith, which inheres every contractual relationship – the honour of the Crown imposes a duty of “honour and integrity” on the Crown in its implementation of certain contractual obligations to Indigenous Peoples. This case also redefines the approach to remedies for breaches of the honour of the Crown, which must be based in “reconciliatory justice” and aimed at crafting creative solutions to restore the Crown’s honour and foster reconciliation.
Join members of the Aird & Berlis Indigenous Practice Group and Corporate/Commercial Group as they explore the key takeaways from this case and its implications for good faith and contractual obligations between the Crown and Indigenous Peoples.
- The impact of the Pekuakamiulnuatsh Takuhikan decision on Crown-Indigenous contracts
- Understanding how the honour of the Crown applies to contractual obligations
- The duty of good faith in the context of Crown-Indigenous negotiations
- The role of “reconciliatory justice” in crafting remedies for breaches of the honour of the Crown
- Implications of the ruling for future Crown-Indigenous agreements
If you are unable to attend the live webinar, but are interested in accessing the archive for on-demand viewing, please click on the registration button to be added to the archive mailing list.
Alex Murchison | rsvp@airdberlis.com | 416.863.1500 x2458
