Kevin O'Callaghan is the Leader of our Aboriginal Law Practice Group. Additionally, he founded and continues to provide leadership to our Corporate Social Responsibility Law Practice Group. Kevin provides strategic advice on Aboriginal, regulatory, environmental and other corporate social responsibility (CSR) issues. While his extensive experience is focused throughout western and northern Canada, he also advises a number of clients around the world. If unavoidable conflicts arise during project development, Kevin appears before courts, tribunals and arbitration panels to assist resource companies (e.g. forestry, mining, and oil and gas) 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 leading case on Aboriginal consultation and accommodation (Haida Nation v. B.C.); and second, on the leading case on Aboriginal 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 Aboriginal rights and human rights found in the Charter (R. v. Kapp).
Kevin's litigation practice also involves complex commercial litigation with a particular emphasis on environmental issues. Kevin has advised clients on a myriad of environmental matters including environmental assessment, judicial review, cost recovery actions, off-site migration, ground water contamination, and regulatory offences. Additionally, Kevin provides ongoing advice to resource companies on obligations to First Nations and agreements with First Nations.
Kevin is a member of the Corporate Social Responsibility Committee of the Prospectors and Developers Association of Canada (PDAC) and a member of both the Aboriginal Committee and the International Social Responsibility Committee of the Mining Association of Canada. In addition, Kevin is a member of the Corporate Social Responsibility Committee of the International Bar Association.