Thomas Isaac | Aashish Oberoi
Cassels’ Thomas Isaac questions Ottawa’s will to decide; OKT’s Aashish Oberoi warns a rushed timeline could erode trust
By Julius Melnitzer | September 26. 2026
Lawyers on both sides of the Indigenous bar agree that the Building Canada Strong Act’s (Bill C-39) promise of coordinated consultation is a genuine improvement, but only the manner of implementation will decide whether the bill works.There are, however, sharp differences in their views.
Thomas Isaac, the Vancouver-based chair of Cassels Brock & Blackwell LLP’s Aboriginal law group and co-lead of the firm’s national major projects team, advises energy, mining, infrastructure and other companies, as well as governments, on consultation and project-related regulatory matters. He believes Bill C-39 creates a sound, lawful framework that puts the onus squarely on government to make timely decisions.
Aashish Oberoi, who practises in the Toronto and Yellowknife offices of Olthuis Kleer Townshend LLP and advises Indigenous governments on self-government, the protection of lands and natural resources, and negotiations with proponents and governments, sees a compressed timeline full of uncertainties and broad new ministerial discretion that could erode the trust projects depend on.
Transport Minister Steven MacKinnon introduced Bill C-39 in MORE . . .
Julius Melnitzer is a Toronto-based writer who focuses on law, legal affairs, and the business of law. Follow him on LegalWriter.net or email him at julius@legalwriter.net.