Fasken

Partner | Leader, Indigenous Law

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 and actively involved in our Environment, Social, Governance (ESG) initiative. Providing strategic advice on indigenous, regulatory, environmental and other CSR and ESG 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.

Kevin advises Canadian businesses (operating both inside and outside of Canada), on how to best manage the risk of human rights impacts in their operations and supply chains, as well as guiding them on corporate reporting obligations, including those under Canada’s new Fighting Against Forced Labour and Child Labour in Supply Chains Act.