Kevin O'Callaghan

Kevin O'Callaghan is the Leader of the Fasken’s Indigenous Legal Matters group. He is actively engaged in our Environment, Social, Governance (ESG) initiative with expertise in Business and Human Rights. Kevin provides strategic counsel across Western and Northern Canada, and globally, on indigenous, regulatory, environmental, CSR, and ESG matters. He advises on managing environmental assessments and consultations with Indigenous peoples, including negotiations and agreements. If conflicts arise, Kevin represents clients in courts, tribunals, and arbitration panels. He assists his forestry, mining, and oil and gas clients with license challenges (including judicial review and title litigation), injunction proceedings, and issues raised by local communities, NGOs, and indigenous groups. Kevin also represents Indigenous governments in claims against Canada through the Specific Claims Tribunal, as well as co-ordinating the firm’s initiative on assisting in the development of Indigenous child welfare legislation in response to Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families). Kevin was counsel in two pivotal Supreme Court of Canada aboriginal cases: Haida Nation v. B.C. on Indigenous consultation and Tsilhqot'in Nation v. B.C. on Indigenous title. He also appeared at the Supreme Court on a case integrating Indigenous rights with Charter human rights (R. v. Kapp).